REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

___ Judicial Region
Regional Trial Court
Branch ________
Iloilo City

RACHEL ZANE-ROSS
Petitioner,
-versus-
CIVIL CASE NO. _____
JUDICIAL DECLARATION
OF NULLITY OF MARRIAGE
MICHAEL ROSS
Respondent.

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AFFIDAVIT
THE PARTIES

Petitioner, Rachel Zane-Ross (Rachel for brevity) is of legal age, Filipino and presently
residing at Blk-20, Lot-5, Glades, Savannah, Iloilo City;

Respondent, Michael Rosee (Mike for brevity) is likewise of legal age, Filipino and is last
known by the Petitioner to be residing at Block11, Lot 87, ACM Woods Homes, Jaro Iloilo
City, where she may be served by notices, orders and processes of the Honorable Court.

NATURE OF THE PETITION

In this present Petition, the Petitioner prays of this Honorable Court to declare as null and
void her marriage to Respondent on the ground of the latter’s psychological incapacity.
The following pertinent and relevant Family Code provisions are the bases in the treatise
of this Petition:

Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void and even if such incapacity becomes manifest only after its
solemnization.

Art. 68. The husband and wife are obliged to live together, observe mutual love, respect
and fidelity, and render mutual help and support.

Art. 72. When one of the spouses neglects his or her duties to the conjugal union or
commits acts, which tend to bring danger, dishonor or injury to the other or the Family, the
aggrieved party may apply to the court for relief.

FACTS OF THE CASE

The classic love affair between Ms. Rachel Zane and Mr. Michael Ross started when the
latter was introduced to the petitioner through his cousin Jenny. He and Rachel were
workmates in Canaya-Specter Law Firm. What started as a simple acquaintance was
followed by an intense courtship; Rachel was immediately attracted to him that soon
enough he was deeply engrossed with him. Mike would often bring Rachel to and fro in
her place of work; he visited her in their house almost on a daily basis. These adorable
actuations of Mike eventually led to a romantic affair between him and the respondent. Not
for long, their secret liaison resulted in sexual intimacies between the two, not just once,
but on several occasions. These intimate moments that Rachel and Mike shared together in
the private mud room, so to speak, resulted in the unexpected pregnancy of the latter. This
turn of events changed their lives forever.

The fruit of their lovely labor was discussed by them with their respective families. Both
families agreed that since Rachel and Mike are gainfully employed, they should now tie
the knot for the sake of their soon-to-be offspring and transformed their amorous
relationship into a marital bliss. Needless to say, Rachel’s pregnancy hastened their
marriage that was held on the 28th of May 1998 in a church in Molo, Iloilo City. Most
members of their respective families attended the marital ceremony. The first stages of
their married life were full of happiness and excitement, as they awaited Rachel’s first
delivery. She and Mike lived with her family after the wedding and her family was cordial
towards him. As time passed, a second child came, and they eventually moved in to a new
house. It was a smooth sailing for the newly-weds at first. But a gradual changed in what
seemed to be a happy union loomed in the horizon.

Their marriage, however short-lived, blessed them with two children. At the time of their
marital union Mike continued working in Canaya-Specter Law Firm whiles his now wife
Jenny worked in the Land Bank of the Philippines. As earlier pointed out, the marriage
seemed happy in the beginning until one day the respondent asked her to go abroad
supposedly because their incomes were not enough but much to the opposition of the
petitioner. Rachel did not like the idea of either her or her husband going abroad to earn
more money at the expense of the family being separated; according to her they could live
on their meager incomes for as long as the family stays together. But because of the
insistence of her husband Mike to go abroad and to escape from his pestering, she
eventually gave in to his wish and flew to Dubai as an overseas worker in 2004. She worked
as a Sales Staff in Kashka in that far away country known for its unforgiving weather.

Rachel endured working hard in the harsh climate of Dubai for more than a year while
sending money religiously to Michael way back in Iloilo. Everything was normal in the
beginning of their new marital arrangement – Rachel working in Dubai and Michael
working in Iloilo at Canaya-Specter Law Firm.

They communicated constantly through texting and phone calls. But this was not for long,
what appeared to be a happy arrangement at first, took an unexpected turn. Rachel noticed
a sudden change of Mike’s behavior: the frequent texts that he regularly sent to her and the
phone calls that he often made became far and infrequent. There were times that when she
called him up, Michael would simply drop the call. On certain occasions that she would
call him late at night, he was not still in the house and nowhere to be found. And whenever
they would finally talk on the phone, he was always in a hurry to stop the conversation
arguing that that the international calls was expensive even if it was Rachel who was paying
for them anyway. Making the situation worse, the respondent even prevented their two
children from talking to her on the phone. But to the biggest surprise of Rachel, she had
the gall to ask her for a marital separation on the phone! He made it clear to Rachel that he
was ending their marriage right on the very moment they were conversing on the phone.
Rachel was at a loss on Mike’s strange new actuations towards her and his seeming loss of
affection towards her. The new sad development in her married life drove her to tears and
she almost lost her mind figuring out what could be the reason for her husband’s drastic
decision. Did I do something terribly wrong? This was the nagging question at the back of
her tortured mind. She could not think of anything she had done to merit such a cold
treatment from the man she dearly loved. She however recalled what her childhood friend,
Louis Litt, told her about the rumors of Mike having entertained another woman. This
woman was often seen driving off Mike after work. Despite these rumors, Rachel still
continued to believe that her husband still loved her, ever loyal to her, cared for their
children and valued the sanctity of their young marriage. She was wrong.

Rachel went home to the Philippines in 2005 in order to find the real score and hoped to
save her marriage to Mike. Her main task of returning to the Philippines was precisely to
fix their marital union she dearly valued and for the sake of their children. To her
consternation, Mike frankly told her that they part ways and from then on would lead
separate lives. But Rachel, hopeful as she had always been, requested the help of her
relatives in the hope that Mike would take a 360 degree turn on her drastic decision to split
up with Rachel. Instead of listening to them however, he dropped the bomb, so to speak,
on her in front of their close relatives: Rachel’s parents and sibling and Mike’s mother.
Mike made his feelings loud and clear to Rachel that he had no intention anymore to patch
things up with her. He further added that he no longer loved her, hence, the eventual
separation. That was the last straw for her, and has from then on learned to accept the faith
of her marriage to her once beloved husband. Right there, he decided to go back working
abroad. She presently has a boyfriend and she also religiously continues to give financial
support to her two children. And since then, the petitioner and the respondent had been
living separate lives.

WHEREFORE, premises considered, it is respectfully prayed that after trial, judgment be

rendered by this Honorable Court declaring the marriage between the Petitioner and the
Respondent VOID AB INITIO by reason of the psychological incapacity of the petitioner
and respondent, citing Art. 36 of the Family Code.

Other reliefs just and equitable are prayed for.

April 5, 2018

Iloilo City

IN WITNESS WHEREOF, I have set hereunto my hand this ______________________,

2018, ____________________.

RACHEL ZANE-ROSS

Affiant

SUBSCRIBED and sworn to before me, in the city of Iloilo, this 14th day of February
2018.

Doc.No.; _____

Page No.; _____

Book No.; _____

Series of 2009.

Canaya-Specter Law Firm

Counsel for Petitioner

2/F Rose Bldg. 183 Iloilo City