IN THE REGIONAL TRIAL COURT Branch 15 th 9 Judicial Region Pettit Barracks, Sta. Barbara, Zamboanga City
IN RE: SUMMARY PETITION FOR Special Proceeding Case No. Z-12345
DECLARATION OF PRESUMPTIVE DEATH OF JUAN PEDRO DELA CRUZ FOR PURPOSES OF REMARRIAGE UNDER ARTICLE 41 OF THE FAMILY CODE,
MARIA CLARA OLEIDELA CRUZ,
Petitioner.
PETITION COMES NOW, the petitioner through the ATTORNEY, unto the Honorable Court, most respectfully alleges: THAT,
1). The petitioner is of legal age, married, Filipino
citizen and residing at Don Alfaro St., Tetuan, Zamboanga City, Philippines for twenty (20) years already and whereat she can be served with notice and other processes of this Honorable Court;
2). Petitioner married JUAN DELA CRUZ on
September 28, 2004 at Metropolitan Cathedral, Zamboanga City; during such marriage, a son was born to them on June 23, 2005; Attached are copies of Certificate of Marriage and Certificate of Live Birth, marked as Annexes A and B respectively.
3). After their marriage, they established their
conjugal home at Putik, Zamboanga City;
4). During the cohabitation, JUAN DELA CRUZ
was employed as Seaman owned by SAMPAGUITA SHIPPING CORPORATION, a cargo ship with the office address located at Port A, Zamboanga City;
5). On December 8, 2005, JUAN DELA CRUZ was
boarded on MV DOLOROSA bound to Cagayan de Tawi-Tawi together with the other eighteen (18) other crew members and the ship Captain;
6). At around 10:00 in the evening same day, Mr.
Chiong Go, owner of the Sampaguita Shipping Corp. informed petitioner about the ill-fated incident of the ship where they lost communication after 8 hours of voyage;
7). A search and rescue operations were conducted
by the Philippine Coast Guard, Philippine Navy, Philippine Air Force together with the other ships of the Sampaguita Shipping Corporation;
8). After one week of continues search and rescue
operations, the rescue teams decided to suspend the search due to typhoon Malakas that brought heavy torrential rains and destructive waves and subsequently terminated the operations, all efforts prove futile;
9). Petitioner and her family then made a nine-day
prayer to pay tribute for the death of JUAN DELA CRUZ in their conjugal dwelling;
10). On January 6, 2006, petitioner and their 6-
month old child moved to Sta. Maria, Zamboanga City as the loss was too much for her to bear;
11). She was also needed for familys support at
that time; however, she was hoping to hear news of her husband and was in constant communication with her in-laws in Tetuan, Zamboanga City;
12). Petitioner exerted efforts to find respondent
including the posting in public places of a bulletin and publication of the same bulletin in an local news paper Daily Zamboanga Times in Zamboanga City inviting the public to give any information if happen to know the whereabouts of JUAN DELA CRUZ, however, despite diligent efforts exerted to locate said respondent, none of these is availing;
13). Years passed and nothing was heard of her
husband, it is now petitioners strong well-founded belief and honest feeling that her husband did not survived the ill-fated MV DOLOROSA; 14). It is almost TEN (10) years to date since the disappearance of the petitioners husband under extra-ordinary circumstances; Hence, this instant petition for purposes of subsequent marriage pursuant to Art 41 of the Family Code ;
15). Petitioner is now intending to enter into a
subsequent marriage if her petition would approved by the Honorable Court.
WHEREFORE, premises considered, it is most
respectfully prayed of this Honorable Court that, after due notice and hearing, to grant the instant petition, by declaring JUAN DELA CRUZ PRESUMPTIVELY DEAD and declaring the vinculum matrimony between him and the petitioner to be legally severed, thereby enabling her to remarry.
Petitioner further prays for such other orders and
reliefs just and equitable under the foregoing premises.
Zamboanga City, Philippines, February 2, 2015.
ATTY. ROMEL G TORRES
Counsel for the Petitioner Rm 123, 8th Flr., Garden Orchid Hotel, Gov. Camis Aven., Zamboanga City IBP Lifetime Member (O.R No. 98765/ 10-29-2014) Zamboanga City MCLE Compliance No. IV-01234567/03-20-2013 PTR No. 020089, 01-07-2015 Roll No. 59564
VERIFICATION/CERTIFICATION
Republic of the Philippines )
City of Zamboanga )Ss. X........................x
I, MARIA CLARA OLEI-DELA CRUZ, of legal age, married
and residing at Putik, Zamboanga City, after having been sworn in accordance with law, hereby depose and state:
That I am the petitioner in the above entitled case, have
caused the preparation of the foregoing pleading, have read all the allegations therein and found the same to be true and correct of my own personal knowledge, information and other authentic documents on hand.
That I have not commenced any other action or
proceeding involving the same issues in any other court, tribunal or quasi-judicial agency; and to the best of my knowledge, no such action is pending therein.
That if I should thereafter learn that a similar action or
proceeding has been filed or is pending before any other court, tribunal or quasi-judicial agency, I shall notify the Court within Five (5) days.
IN WITNESS WHEREOF, I hereunto set my hand this 30
January 2015 at Zamboanga City, Philippines.
MARIA CLARA OLEI-DELA CRUZ
Affiant CTC No 229898825/ January 3, 2015 Putik, Zamboanga City
SUBSCRIBED AND SWORN to before me this January
26, 2015 at Zamboannga City, Philippines, Affiant exhibiting to me her Community Tax Certificate above indicated.
COPY FURNISHED:
THE LOCAL CIVIL REGISTRAR OF ZAMBOANGA CITY
Pettit Barracks, Zamboanga City Mailed on: Jan 05, 2015 at ZC Postal Office with RR# 123456
THE OFFICE OF SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village, Makati City Mailed on: Jan 05, 2015 at ZC Postal Office with RR# 123457
ATTY. EBNO MARUHOM
Office of the City Prosecutor Zamboanga City Mailed on: Jan 05, 2015 at ZC Postal Office with RR# 123458