Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 162, Fabian City
(San Nicolas City Station)
JULIAN D. CRUZ,
Petitioner,
JDRC CASE No. 11012 - SN
FOR: Declaration of Nullity of
-versus- Marriage under Article 35 (3) of
the Family Code of the Philippines
GRACE A. BERNABE,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - -x
PETITION
COMES NOW the Petitioner, by counsel, unto this Honorable
Court, most respectfully avers THAT:
NATURE OF THE PETITION
This instant petition is being instituted pursuant to the
provisions of Article 35 (3) of Executive Order No. 209, otherwise
known as the Family Code of the Philippines, seeking among all other
things, the declaration of the marriage celebrated between herein
parties to be null and void ab initio and without effect upon the
ground of absence or lack of Marriage License;
THE PARTIES
1. Petitioner JULIAN D. CRUZ is of legal age, Filipino,
married to herein respondent but separated-in-fact and resident of No.
213-F, F. Blooingdale Street, Brgy. Nadurata, City of San Nicolas;
1.1 Petitioner being an Overseas Filipino Worker
(OFW) may be served with this Honorable Court’s
summons and other legal processes at the address of the
undersigned counsel hereunder stated;
2. Respondent GRACE A. BERNABE is of legal age, Filipino,
married to herein petitioner but separated-in-fact and resident of No.
179 P. Prosisyon Street, Brgy. Sta. Monica, City of San Nicolas;
2.1 Respondent may be served with this Honorable
Court’s summons and other legal processes at her
aforementioned address;
STATEMENT OF FACTS
3. Herein parties formally met each other sometime in 1985
when they were introduced to each other by the petitioner’s sister.
Since then, parties have been in constant communication;
4. Their constant communication led into courtship then
blossomed into a romantic relationship;
5. Their relationship came to a turning point when petitioner
started to become insecure and less confident about himself due to the
fact that respondent graduated from college and eventually passed the
dental board examination, while on the other hand, petitioner was just
a working student;
5.1 The parties had a long tedious conversation
regarding this particular matter. At the end, both came
into a conclusion that they might need to officially tie the
knot which may perhaps resolve the issue;
6. On April 17, 1989, parties, with some information and tips
from petitioner’s officemate, went to the Manila City Hall to possibly
get married;
6.1 There, the parties approached the contact person
recommended by petitioner’s officemate and asked him if
he can assist them in the facilitation of their marriage;
6.2 After a short conversation, the contact person agreed
to help them. Petitioner and respondent were led outside
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city hall premises and ushered into a room where they
were told to write their names, addresses and birth dates;
7. On even date, a few minutes after giving their personal
information, the parties, right then and there, without the knowledge,
consent nor advice of their respective families, especially their parents,
got married. The aforementioned marriage was registered in the Civil
Registry of the City of Manila. A scanned copy of the Marriage
Contract of herein parties issued by the City Civil Registry of Manila
is hereto attached as ANNEX “A”;
8. Notwithstanding their marriage, parties did not live
together as husband and wife as they live separately from each other.
In fact, after the marriage ceremony, the parties parted ways and went
back to their respective houses;
9. Couple of years had passed or sometime in 1991, the parties
decided to try their fortune abroad. They went to the United States of
America;
9.1 There, the set up were still the same. Both parties
lived separately from each other. Respondent lived with
her mother and sister, while petitioner lived alone;
10. In that same year, due to distance and limited time for
each other, respondent decided to end their relationship;
11. Parties did not have any child nor acquired any conjugal
property, real or personal;
12. Petitioner felt so down but had no choice but to continue
with his life and start all over again. Years had passed, petitioner is still
bothered and disturbed every time he recalls that moment in his life.
Thus, in order to have peace of mind and tranquility and sensing that
it will be for his best interest, petitioner decided to explore the
possibility to have his marriage with the respondent be annulled;
13. Petitioner through his nephew secured a copy of his
Marriage Contract from the Philippine Statistics Authority. A scanned
copy of the aforementioned Philippine Statistics Authority issued
Marriage Contract is hereto attached as ANNEX “B” and “B-1”;
14. After securing copies of the Marriage Contract, petitioner
through phone and Skype conversations consulted and discussed with
the undersigned counsel the background of his case;
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15. Based on those conversations, the undersigned came up
with the following findings, to wit:
15.1 Marriage License No. 3489075 issued at Imus, Cavite
on April 17, 1989 is highly suspicious and dubious as it was
issued on the same date the marriage was celebrated.
Additionally, according to the petitioner, neither party
applied for the said marriage license nor personally went to
the City Civil Registrar’s Office of Imus to apply for the
same and finally, neither party resided in Imus prior to the
alleged issuance thereof, thus, verification should be made
in order to ascertain the truth and veracity of such license;
15.2 Neither party is a member of the solemnizing
officer’s religion; and
15.3 Considering that the respondent was only twenty
three (23) years old at the time of their marriage, parental
advise was not sought, this was contrary to what was
indicated in their marriage contract,;
16. Petitioner zeroed in on the suspicious marriage license,
thus, on May 19, 2015, petitioner through his nephew checked and
verified with the City Civil Registrar’s Office of Imus, Cavite the
validity and/or authenticity of the alleged marriage license issued by
the said office to herein parties;
17. The City Civil Registrar’s Office of Imus responded by
issuing a certification dated May 25, 2015. The certification confirmed
what has been known to the petitioner all along that neither party
applied for the said marriage license and the book of records of the
City Civil Registrar’s Office of Imus contain no record of Marriage
License No. 3489075. A scanned copy of the Certification issued by
the City Civil Registrar’s Office of Imus is hereto attached and made as
integral part hereof as ANNEX “C”;
18. The undersigned counsel explained to the petitioner that
having no application for marriage license, no valid marriage license
could have been issued prior to the solemnization of their marriage as
required by Article 3 (2) of the Family Code. As a consequence thereof,
their marriage having been solemnized without the necessary license
and not being one of those marriages exempt from marriage license
requirement under Title I, Chapter 2 of the Family Code of the
Philippines, is without a doubt, null and void ab initio and without an
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effect pursuant to Article 35 (3) of Executive Order No. 209, otherwise
known as the Family Code of the Philippines; and
19. Hence, this Petition.
PRAYERS
WHEREFORE, premises considered, it is most respectfully
prayed that this Honorable Court render a judgment declaring the
marriage between Julian D. Cruz and Grace A. Bernabe, NULL AND
VOID AB INITIO AND WITHOUT AN EFFECT, on the ground of
lack or absence of marriage license pursuant to Article 35 (3) of
Executive Order No. 209, otherwise known as the Family Code of the
Philippines.
Other reliefs, just and equitable under the premises are likewise
prayed for.
RESPECTFULLY SUBMITTED.
Quezon City for the City of San Nicolas. 02 September 2015.
SANTOS & SANTOS Law Office
Unit 6, Future Point Plaza 5, No. 123 Panay Ave.,
Brgy. South Triangle, Quezon City 1103
Email: santoslaw@gmail.com
Landline (02)324-1245 • Telefax: (02)333-4342
By:
GINO PAULO S. SANTOS
Counsel for the Petitioner
Roll of Attorney No. 34567
IBP No. 123456; 01/09/2015; RSM Chapter
MCLE Compliance No. V – 0213452; 01/14/2015
PTR No. 346890; 01/05/2015; Quezon City
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Republic of the Philippines)
________________________ )S.S.
VERIFICATION and CERTIFICATION
OF NON – FORUM SHOPPING
I, JULIAN D. CRUZ, subscribing under oath, hereby depose and state:
1. That I am the Petitioner in the above-captioned Petition;
2. That I have caused the preparation of the foregoing Petition
and I have read and understood the same. The contents thereof are true and
correct based on my personal knowledge and authentic documents;
3. That I hereby certify that: (a) I have not commenced any other
action or proceeding involving issues similar to those in this case in the
Supreme Court, Court of Appeals, or different Divisions thereof, or any
other tribunal or agency; (b) No such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or different Divisions thereof or any
other tribunal or agency; and (c) If I should learn that a similar action or
proceeding has been filed or is pending before the Supreme Court, the Court
of Appeals, or different Divisions thereof, or any other tribunal or agency, I
undertake to promptly inform the aforesaid courts and such other tribunal
or agency of that fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this ________
at ____________________.
JULIAN D. CRUZ
Petitioner
SUBSCRIBED AND SWORN to before me this ________ at
____________________. Petitioner exhibited to me his Philippine Passport
No. EB2556822, which is valid until May 26, 2016.
ADMINISTERING OFFICER
Fee Paid: ___________;
O.R. No. ___________;
Doc. No. ___________;
Page No. ___________;
Book No. ___________;
Series of 2015
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