You are on page 1of 6

Republic of the Philippines )

____________, ________ ) s.s.

x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF COMPLAINT

The UNDERSIGNED, __________________________, accuses _________, of

_____________, committed as follows, to wit:

That on or about _________, at about _____________ in the

_________________, ______________, Philippines, the said accused did then and

there willfully, unlawfully, feloniously, and by means of _____________, committed

_____________, upon the undersigned directly by overt acts to wit:

(state the details how the crime was committed).

The undersigned executed this affidavit to attest the truthfulness of the foregoing

facts and to support the filing of Criminal Cases against

_______________________________ for violations of ________________________.

___________, this _____ day of __________, ____.

____________________________

Offended Party

SUBSCRIBED AND SWORN to before me this ___ day of _______ at

_______________. I HEREBY CERTIFY that I have personally examined the herein

offended party and I am satisfied that they voluntarily executed and understood their

given affidavit.

_________________________

Administering Officer

Note: Attached Annexes and Affidavits of witnesses if there is. (you can use a better format if you have
one) ATTACHED CFA BARANGAY
PRE-NUPTIAL AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This PRE-NUPTIAL AGREEMENT, entered into this _______ day of ___________________ 20___ in
__________, by and between JUAN DE LA CRUZ, and MARIA REYES, both of legal age, and residing at
____________________________________________________________________.

WITNESSETH:

THAT the parties hereto are about to enter into a contract of marriage, tentatively scheduled to take
place sometime in _____month_______ 20___;

THAT they hereby mutually agree that all the property, real and personal, now owned by the future
wife, MARIA REYES, shall remain to be own exclusive and separate property, subject to her disposition,
administration, and enjoyment; while those of the future husband, shall likewise remain also to be his
own exclusive and separate property, subject to his absolute disposition and administration;

THAT all properties and earnings acquired after marriage by any party or jointly by both parties shall
constitute conjugal properties or funds which, among other common purposes, shall defray or take care
of family expenses, including the rearing and education of future children that may be begotten or that
may be adopted during the marriage;

THAT this agreement shall take effect upon the celebration of the marriage.

IN WITNESS WHEREOF, the parties hereto have signed their names unto this document on the date and
at the place first above written.

JUAN DE LA CRUZ MARIA REYES

Future Husband Future Wife

SIGNED IN THE PRESENCE OF:

_________________________ __________________________
ANKNOWLEDGMENT

Republic of the Philippines)

__________________________) SS.

BEFORE ME, a Notary Public in and for __________________, Philippines, this ____________________
personally appeared:

Name Res. Cert. No./ Date/Place Issued

Passport No.

JUAN DELA CRUZ ________________ ______________________

MARIA REYES ________________ ______________________

known to be the same persons who executed the foregoing instrument and they acknowledged to me
that the same is their free and voluntary act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and
place first above written.

Doc. No. ______ Notary Public

Page No. ______

Book No. ______

Series of ______

MAKE ONE BUT COMPLETE SEPARATION OF PROPERTY REGIME


REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

___ Judicial Region

Regional Trial Court

Branch ________

Pasig City, Metro Manila

JOHN C. CANTON,

Petitioner,

-versus-

MARILEN STA. ANA - CANTON,

Respondent.

x—————————————————————x

Petition for Marriage Annulment in the Philippines

AFFIDAVIT

THE PARTIES

Petitioner, XXXXXX (John for brevity) is of legal age, Filipino and presently residing at XXXXXXXXXXXXXXX;

Respondent, XXXXXXX (Len for brevity) is likewise of legal age, Filipino and is last known by the
Petitioner to be residing at XXXXXXXXXXXX, 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 Mr. Jay and Ms. Marilen started when the latter was introduced to the
petitioner through her cousin Pia. She and Jay were workmates in XXXXXXX. What started as a simple
acquaintance was followed by an intense courtship; Jay was immediately attracted to her that soon
enough he was deeply engrossed with her. Jay would often bring Marilen to and fro in her place of work;
he visited her in their house almost on a daily basis. These adorable actuations of Jay 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 Jay
and Marilen shared together in the private perfumed parlor, 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 Jay and Marilen 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,
Marilen’s pregnancy hastened their marriage that was held on the 28th of May 1998 in a church in
XXXXX, Rizal. 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 Marilen’s first delivery. She
and Jay 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
Jay continued working in XXXXXXX whiles his now wife Marilen worked in the XXXX of the Philippines. As
earlier pointed out, the marriage seemed happy in the beginning until one day the respondent asked
him to go abroad supposedly because their incomes were not enough but much to the opposition of the
petitioner. Jay did not like the idea of either him or his wife going abroad to earn more money at the
expense of the family being separated; according to him they could live on their meager incomes for as
long as the family stays together. But because of the insistence of his wife Marilen to go abroad and to
escape from her pestering, he eventually gave in to her wish and flew to Dubai as an overseas worker in
2004. He worked as a operator in that far away country known for its unforgiving weather.

Jay endured working hard in the harsh climate of XXXX for more than a year while sending money
religiously to Marilen way back in Manila. Everything was normal in the beginning of their new marital
arrangement – Jay working in Dubai and Marilen working in Manila at the XXXXXX.

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

Jay went home to the Philippines in 20XX in order to find the real score and hoped to save his marriage
to Marilen. His main task of returning to the Philippines was precisely to fix their marital union he dearly
valued and for the sake of their children. To his consternation, Marilen frankly told him that they part
ways and from then on would lead separate lives. But Jay, hopeful as he had always been, requested the
help of his relatives in the hope that Marilen would take a 360 degree turn on her drastic decision to
split up with Jay. Instead of listening to them however, she dropped the bomb, so to speak, on him in
front of their close relatives: Jay’s parents and sibling and Marilen’s mother. Marilen made her feelings
loud and clear to Jay that she had no intention anymore to patch things up with him. She further added
that she no longer loved him, hence, the eventual separation. That was the last straw for him, and has
from then on learned to accept the faith of his marriage to his once beloved wife. Right there, he
decided to go back working abroad. He presently has a girlfriend and he also religiously continues to give
financial support to his 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.

June 28, 2010

XXXXXXXXXX

IN WITNESS WHEREOF, I have set hereunto my hand this ______________________, 2010,


____________________.

JOHN

Affiant

SUBSCRIBED and sworn to before me, in the XXXXXXXXXX, this _________ day of __________ 2009.

Doc.No.; _____

Page No.; _____ Notary Public

Book No.; _____

Series of XXXX

BUT PETITION FOR ANNULMENT OF MARRIAGE BASED ON minority of one of the party MARRIAGE
LICENSE

You might also like