Mhelody B.

Cruz
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
First Judicial Region
Regional Trial Court
Branch 82
Batangas City
MAINE RICHARDS
Petitioner,
-versusALDEN RICHARDS
Respondent.
xx

CIVIL CASE NO. 1984458

For: JUDICIAL DECLARATION
OF NULLITY OF MARRIAGE

COMPLAINT
Petitioner, Main Richards (Maine for brevity) is of legal age, Filipino, resident of #1 Perez
Boulevard, Batangas City where summons may be served for the instant case;
Respondent, Alden Richards (Alfen for brevity) is of legal age, Filipino, resident of #1 Bonifacio
St., Lipa City, Batangas where he 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 latters 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 Alden and Maine started when the latter was introduced
to the petitioner through her cousin Gary. Alden and Maine were dorm mates in college. What
started as a simple acquaintance was followed by an intense courtship; Alden was immediately
attracted to her that soon enough he was deeply engrossed with her. Alden would often bring
Maine to and fro in her classes and eventually to her place of training; he visited her in their
house almost on a weekly basis. These adorable actuations of Alden eventually led to a romantic
affair between him and the Maine. Not for long, their secret liaison resulted in sexual intimacies
between the two, not just once, but on several occasions. These intimate moments that Alden and
Maine shared together resulted in the unexpected pregnancy of the latter just after their
graduation in college. This turn of events changed their lives forever.

Mhelody B. Cruz
Legal Forms

The fruit of their lovely labor was discussed by them with their respective families. Both
families agreed that since they just graduated from college, 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, Maines pregnancy hastened their marriage that was held on the 30h of
December 2005 in a church in San Carlos City, Pangasinan. 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 Maines first delivery. She and Alden 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 Alden began to work in Epson Precision, Inc., Batangas City while his wife Maine
worked in Batangas Medical Center. As earlier pointed out, the marriage seemed happy in the
beginning until one day Maine decided to go abroad because their incomes were not enough but
much to the opposition of the petitioner. Alden 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 to go abroad, he eventually gave in to her wish. Maine flew to Dubai as
an overseas worker in 2010. She worked as an operating room nurse in that far away country
known for its unforgiving weather.
Maine endured working hard in the harsh climate of Dubai for more than a year while
sending money religiously to Alden way back in Batangas City. Everything was normal in the
beginning of their new marital arrangement Maine working in Dubai and Alden working in
Batangas City.
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. Maine noticed a
sudden change of Aldens 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 she
called him up, Alden would simply drop the call. On certain occasions that she would call him
late at night, he was not still in the house and nowhere to be found. And whenever they would
finally talk on the phone, he was always in a hurry to stop the conversation arguing that that the
international calls was expensive even if it was Maine who was paying for them anyway. Making
the situation worse, the respondent even prevented their two children from talking to her on the
phone. But to the biggest surprise of Maine, he had the gall to ask her for a marital separation on
the phone! He made it clear to Maine that he was ending their marriage right on the very moment
they were conversing on the phone. Maine was at a loss on Aldens strange new actuations
towards her and his seeming loss of affection towards her. The new sad development in her
married life drove her to tears and she almost lost her mind figuring out what could be the reason
for his husbands drastic decision. Did I do something terribly wrong? This was the nagging
question at the back of her tortured mind. She could not think of anything she had done to merit
such a cold treatment from the man she dearly loved. She however recalled what her childhood
friend, Juan Deer, told her about the rumors of Alden having entertained another woman. This
woman was often seen driving off Alden after work. Despite these rumors, Maine still continued
to believe that her husband still loved her, ever loyal to her, cared for their children and valued
the sanctity of their young marriage. She was wrong.
Maine went home to the Philippines in 2015 in order to find the real score and hoped to
save her marriage to Alden. Her main task of returning to the Philippines was precisely to fix
their marital union she dearly valued and for the sake of their children. To her consternation,
Alden frankly told her that they part ways and from then on would lead separate lives. But
Maine, hopeful as she had always been, requested the help of his relatives in the hope that Alden
would take a 360 degree turn on his drastic decision to split up with Maine. Instead of listening
to them however, he dropped the bomb, so to speak, on her in front of their close relatives:
Aldens parents and sibling and Maines mother. Alden made his feelings loud and clear to Maine

Mhelody B. Cruz
Legal Forms

that he had no intention anymore to patch things up with her. He further added that he no longer
loved her, hence, the eventual separation. That was the last straw for Maine, and has from then
on learned to accept the faith of her marriage to her once beloved husband. Right there, she
decided to go back working abroad. She presently has a boyfriend and she also religiously
continues to give financial support to her 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, Taytay, Rizal for Pasig City

IN WITNESS WHEREOF, I have set hereunto my hand this March 23, 2016, Batangas
City, Batangas.

MAINE RICHARDS
Affiant

SUBSCRIBED and sworn to before me, in the city of Batangas, this 23 rd day of March,
2016.
ATTY. MHELODY CRUZ
Counsel for Petitioner
Cruz-Belmonte Law Office
2/f Commercial Complex, Batangas City
Doc.No.; _____
Page No.; _____
Book No.; _____
Series of 2009.

Mhelody B. Cruz
Legal Forms
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, MAIN RICHARDS, of legal age, after having been duly sworn in accordance with law, depose and
state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.

MAINE RICHARDS
Affiant
SUBSCRIBED AND SWORN to before me this 23RD day of March 2016 at
Batangas City affiant exhibiting to me his Community Tax Certificate No.545645464
issued on March 20, 2016 at Batangas, City.
ATTY. EARL CRUZ
Cruz-Belmonte Law Office
2/f Commercial Complex, Batangas City
Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.