Petition For Annulment-.docx

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT CALOOCAN CITY, METRO MANILA BRANCH_____ LARRAINE A. KO Petitioner, -versusCIVIL CASE NO._______________ For: ANNULMENT OF MARRIAGE

RUBEN C. TORRES JR,

Respondent. x- - - - - - - - - - - - - - - -. x

PETITION COMES NOW, petitioner through counsel, unto this Honorable Court most respectfully state: 1. That petitioner is of legal age, married, Filipino citizen, and a resident of No. 14P Halili Street, Caloocan City , while respondent is likewise of legal age, married, Filipino citizen, and a resident of No. 121 A. Quezon Street, AMV, Meycauyan, Bulacan , where he could be served with summons and other judicial processes;  See copy of Barangay Certificate of Residency from the Office of the Barangay Chairman, Barangay 128, Zone 2, District II, Caloocan City, AND _______________________________ hereto attached as ANNEX “A-1” and “ANNEX “A-2”; 2. That petitioner and respondent first met in 1990, who were schoolmates in Philippine College of Criminology wherein petitioner was the target of attention of herein respondent; 3. That not very long, respondent through persistent courtship and within One (1) month of being together in most of their free time, petitioner say “yes” to the herein respondent, until they (petitioner and respondent) became sweetheart or specifically a couple;

4. That petitioner got pregnant and eventually delivered their first child Ruzzle Ann Ko Torres on August 15, 1991;  See copy of Certificate of Live Birth hereto attached as ANNEX “B” 5. That petitioner and respondent were married on October 22, 1991 during the effectively of the New Family Code and there was no marriage settlement between them prior as to what property regime should govern their relation thus it is the regime of absolute community which govern their property relation;  See copy of Marriage Certificate hereto attached as ANNEX “C” 6. Petitioner and respondent bought no real properties to their marriage; 7. That their minor child who was born on August 15, 1991, named Ruzzle Ann Ko Torres, should have inspired the respondent to pursue a happy married life was but no effect as respondent continue to neglect his (respondent) primordial duty to support petitioner and their minor child as if, respondent is evading any financial liability and in gross violation of their marriage vows. 8. That on the stint of petitioner and respondent’s marriage, petitioner always thought respondents is the best man she ever met, that he will make an ideal home, being the perfect husband and perfect father of their future children as well; 9. That petitioner started to feel that something is wrong somewhere for she could not help noticing the strange actuations of herein respondent; 10. Eventually herein petitioner discovered that the respondent is already addicted in using prohibited drugs (shabu). Because of this, respondent who being a man in unlikely manner always nag herein petitioner without any reasons, and there were times that small arguments lead to serious altercation and physical violence; 11. That during their stint together as a married couple, respondent never find ways to improve their financial condition so much so, that petitioner necessitated and had to work so she, petitioner , could support herself and minor child, who in one way or another because she was growing up could not fully cope-up with the attention she deserves from her father, the respondent who until this time failed to provide financial support to both of the (petitioner and minor) who at this point and time has to be left to care of relatives while her petitioner mother is working ; 12. That the psychological incapacity of respondent is so grave that he became disable and incapable to assume his essential marital obligations as husband to herein petitioner , that is, the obligations to live with his wife, to observe love, respect, and fidelity, to her husband including obligation to render help and support pursuant to article 36, of New Family Code are defined to wit:

a. By refusal of one party to live well with the other after the marriage ceremony, without fault of other party; or b. By the refusal or inability of the party primarily obligated to give support to the other or to their common children through causes other than his or her voluntary intent, desire or laziness; or c. When either party or both of them labor under an affliction that makes common life as husband and wife impossible or unbearable, such as compulsive or psychological causes of like import and gravity. d. Other examples of psychological incapacity are a.) neurosis, psychosis, or epilepsy, and the party afflicted is unable to discharge the essential marital obligation, b.) homosexuality or lesbianism, satyriasis in men and nymphomania in women (excessive sex hunger) and the party afflicted is unable to discharge the essential marital obligation marriage. e. Essential Marital Obligation of marriage include personal matrimonial obligations between the spouses, the obligation to exercise parental authority and the obligations of marriage; 13. From the foregoing narration of facts, it can readily be seen that respondent’s patent immaturity and psychological instability are to such an extent that he is one who cannot understand, much less comply and carry out the normal and ordinary duties of marriage and of having a family of his own. For all intents and purposes , he is psychologically incapacitated to comply with the essential obligations of marriage. Wherefore, premises considered, it is respectfully prayed that after judgment be rendered declaring the marriage of the petitioner and respondent be ANNULLED and to direct the Civil Registry of Manila to cancel their marriage. Caloocan City, Metro Manila. April 2 , 2019. _____________________________ Room __,____________

by: Counsel for the Petitioner PTR No.________________ IBP No. ________________ Roll No_________________ MCLE Compliance ______________

Copy Furnished: OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo St., Legaspi Village Makati City, Metro Manila

OFFICE OF THE CITY PROSECUTOR Caloocan City, Metro Manila EXPLANATION: Due to distance constraint a copy of this petition was served upon the said offices through registered mail.

_______________________________

VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING I, LARRAINE A. KO, of legal age, married, Filipino citizen, under oath depose and say: That I am the petitioner in the above-entitled case; That I have caused the preparation and filling of the foregoing Petition; That I have read and understood the same and further declares that all the allegations therein are true and correct of my own personal knowledge and based on authentic records; That I have not commenced any other action or proceedings involving the same issues in the Supreme Court, the Court of Appeals or any other tribunal or agency; That if I should thereafter learn that a similar action or proceeding has been field or pending before the Supreme Court, the Court of Appeals or any other tribunal agency, I undertake to report that fact within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, I hereunto affixed my signature this ___day of April 2019, in Caloocan City, Metro Manila. _____________________ LARRAINE A. KO Affiant SUBSCRIBED AND SWORN TO before me this __day of _______ in Caloocan City, Metro Manila, affiant after exhibiting to me her Passport I.d No. _______________, as competent evidence of her identity.

NOTARY PUBLIC

Doc. No.______; Page No.______; Book No.______; Series of 2019.