REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ILOCOS NORTE

FIRST JUDICIAL REGION
BRANCH 19, BANGUI, ILOCOS NORTE

MARI GIE AGBAYANI

Plaintiff, Civil Case No. __________

-versus- For

REY GACES ESPEJO, ANNULMENT OF MARRIAGE

Defendant.
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PETITION

PLAINTIFF, thru counsel unto this Honorable Court, most respectfully

states that:

1. Plaintiff is of legal age, married, Filipino, and temporarily residing

and with postal address at Barangay 10, Parparoroc, Vintar, Ilocos Norte,

although she and defendant who is likewise of legal age, Filipino, are

permanent residents of, and with postal address at Barangay Taguiporo in

Bangui, Ilocos Norte where said defendant may be served with summons;

2. Plaintiff and defendant are spouses as they were united in

matrimony on March 14, 1999 in ceremonies solemnized by Rev. Lito Domingo

in Taguiporo, Bangui, Ilocos Norte; A copy of the marriage certificate is hereto

attached and made an integral part hereof as Annex A;

3. Since the celebration of the marriage, plaintiff and defendant have

remained childless or have not begotten any child or offspring;

4. In fact, from the time they were united as one in marriage,

defendant has not demonstrated seriousness as a married man, taking lightly

the duties and responsibilities of a family man, and ignoring and avoiding in

unmindful manner, oblivious and unconcerned of her obligations as a spouse

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or matters and concerns for family welfare, in effect evidently demonstrating

his psychological incapacity to comply with essential marital obligations.

5. To resolve matters and if only to do away or mitigate defendants

psychological incapacity, plaintiff at one point, had left for an overseas work

and the savings or earnings had, were used to finance the construction of a

new residential house for them in Barangay Taguiporo, Bangui, Ilocos Norte,

but which defendant has failed to appreciate and to care for us head of the

family;

6. After a short stint as overseas worker in Hongkong in 2004,

plaintiff returned home to be with defendant but her arrival was met with cold

treatment from defendant who in fact turned his back, avoided plaintiff by

leaving the house most of the time, or if inside the house, he would be virtually

motionless, dry, uncaring, unmindful and by his conduct, repudiating the

marital relationship;

7. To add fuel to, and widen the gap between plaintiff and defendant,

the latter has been unduly putting in great jeopardy and extreme perfidy, the

marriage, resorting to acts inimical thereto, such as, among others associating

with other people more than with plaintiff, treating plaintiff as if she were not

his spouse characteristic of his conduct and behavior and attitude or

tendencies evident prior to the marriage;

8. Notwithstanding efforts on the part of the plaintiff to put in place

and in its proper course, as well as to keep alive the conjugal relationship and

solidarity with the defendant, the latter, for no justifiable reason has chosen to
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remain hardened in his ways and manners, uncommitted, unconcerned

virtually repudiating and rendering to naught his marriage with the plaintiff,

behaving as if he was not married or had no legal spouse, wantonly ignoring,

evading and failing to live with her the way husband and wife are expected to

live as one for which reason, plaintiff was constrained to leave the house she

caused to be built to join her mother or parents in Barangay Parparoroc,

Vintar, Ilocos Norte even as she felt the efforts of the relationship to have

developed and grown extremely unbearable;

9. Owing to defendants acts and omissions, his psychological

incapacity clearly rooted to, or arising out of a natural and ingrained, grave and

serious incapacity to understand and realize the meaning and effects his

marriage to plaintiff, the duties and responsibilities thereunder, plaintiff has

suffered so much incessantly sustaining wounded feelings, besmirched

reputation, sleepless nights, and the tragedy of public humiliation, and cannot

endure suffering in pain owing to defendants psychological incapacity to meet

and comply with the essential marital obligations of marriage;

10. Plaintiff is left with no option or recourse but to seek and request

for the declaration of nullity or nullification of the marriage with defendant,

and therefore had to engage the services of counsel for the institution of the

petition in Court;

WHEREFORE, it is most respectfully requested and prayed of this

Honorable Court that judgment issue, declaring as a nullity or nullifying or

annulling the marriage between/of the plaintiff and the defendant, with all the

legal effects attaching thereto or thereunto appertaining.

Petitioner prays for such other reliefs as are just and equitable under

the premises, with costs against defendant/respondent.

Laoag City, Philippines, November 30, 2010

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JUAN DELA CRUZ

Counsel for the Plaintiff
P.T.R. No.5029999, 02-18-09, PTO/IN
IBP No. 833428, 8-18-10, LC/IN
TIN 113-530-126
SC Roll No. 24130, Page No. 326,
Book #10, 3-13-72
MCLE Compliance No. 0019714