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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF ILOCOS NORTE FIRST JUDICIAL REGION BRANCH 19, BANGUI, ILOCOS NORTE

MARI GIE AGBAYANI Plaintiff, -versusREY GACES ESPEJO, Defendant. x-----------------------------x

Civil Case No. __________ For ANNULMENT OF MARRIAGE

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 defendant’s

psychological incapacity, plaintiff at one point, had left for an overseas work and the saving’s 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 defendant’s 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 defendant’s 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