REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT Metro Manila Judicial Region Regional Trial Court Branch 54 Pasig City, Metro Manila MARILEN STA. ANA - CANTON, Petitioner, -versus-
JOHN C. CANTON, Respondent. x—————————————————————x
Petition for Marriage Annulment in the Philippines
AFFIDAVIT THE PARTIES Petitioner, MARILEN STA. ANA - CANTON (Len for brevity) is likewise of legal age, Filipino and is last known by the Petitioner to be residing at 56 Taguig City, Metro Manila Manila; Respondent, JOHN C. CANTON (John for brevity) is of legal age, Filipino and presently residing at UP Bliss, San Vicente Village, Quezon City, Manila; 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 minority and lack of marriage license. The following pertinent and relevant Family Code provisions are the bases in the treatise of this Petition: Page 1 of 4
Art. 2. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and female; Art. 3. The formal requisites of marriage are: (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; Art. 35. The marriages shall be void from the beginning. (1) Those contracted by any party below eighteen years of age even with consent of parents or guardian; XXX (3)Those solemnized without marriage license, except those covered by the Chapter; FACTS OF THE CASE The classic love affair between Mr. John and Ms. Marilen started when the latter was introduced to the petitioner through her cousin Pia. She and John were workmates at ABC Company. What started as a simple acquaintance was followed by an intense courtship; John was immediately attracted to her that soon enough he was deeply engrossed with her. John would often bring Marilen to and from in her school; he visited her in their house almost on a daily basis. These adorable actuations of John 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 John 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 John is gainfully employed, they should now tie the knot for the sake of their soon-tobe 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 St. Agustin, Rizal Page 2 of 4
where during the said wedding, the petitioner was only 16 years old as noted in Annex A. Most members of their respective families attended the marital ceremony. Wherein knowing that the petitioner is a minor, simulated the marriage license. The first stages of their married life were full of happiness and excitement, as they awaited Marilen’s first delivery. She and John 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 John continued working in ABC Company whiles his now wife Marilen worked in the DEF Company of the Philippines. As earlier pointed out, the marriage seemed happy in the beginning until one day the petitioner asked him for separation. Petitioner contented that she is in love with the respondents anymore and that 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 minority and lack of marriage license of the petitioner and respondent, citing Art. 35 of the Family Code. Other reliefs just and equitable are prayed for.
IN WITNESS WHEREOF, I have set hereunto my hand this 5th day of July, 2002, Pasig City, Metro Manila.
MARILEN STA. ANA - CANTON Affiant SUBSCRIBED and sworn to before me, in the City of Manila, this 5th day of July 2002. JET MATAAS SYA
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Notary Public
Doc.No. 20; Page No. 50; Book No. XXIX; Series of 2012.
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