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of
Barney A. Stinson,
Respondent.
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PETITION
COMES NOW petitioner, by the undersigned counsel and unto this
Honorable Court, most respectfully alleges:
1.
Page 01.
8. Upon learning her condition, she rushed home to check the medical
files of his husband in his drawer and the disgusting truth was
uncovered, the respondent has been diagnosed of HIV since August
2014, a copy of the respondents HIV TEST RESULT is hereto
attached as Annex C.
9. Petitioner is filing this petition to declare his marriage a nullity.
Respondent obtained the consent of the petitioner through fraud in
violation of Article 45(3) and Article 46(3)of the New Family Code
which provides that Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of the marriage
constitutes fraud.
10. That said HIV is grave, serious and incurable and existed prior to
the marriage and became manifest during its existence. ;
11. That petitioner and respondent have not acquired any real
properties in the course of their marriage.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that
the marriage of the petitioner with the respondent be declared a nullity. It is
likewise prayed that if and when parties are able to enter into an
extrajudicial settlement as to custody and joint parenting, the same be
adopted by this Court and in the absence thereof, a fair and just settlement
of their rights and obligations as parents be adjudicated by this Honorable
Court. We pray for such other reliefs, just and equitable under the premises.
San Juan. May 12, 2016
Atty. MARIA VON TRAPP
Counsel for Petitioner
Daisy Executive Suites
Daisy Bldg., E. Rodriguez Sr. Ave.,
Quezon City
IBP No. 123456 dtd. 01-07-09Pasig City
PTR No. 57558878 /01/14/09/ Bulacan
Roll No. 33476
MCLE Compliance II 000931228
Dtd. March 27, 2015
VERIFICATION
01. That I am the petitioner in this case and that I have caused the
preparation of the same petition;
02. That I attest to the truth of all the allegations in the same
petition of my own personal knowledge;
Page 02.
03. In compliance to the Supreme Court circular against forum
shopping, I hereby certify that: a) I have not commenced any other action
or proceeding involving the same issues before the Supreme Court, or Court
of Appeals, or any other tribunal or agency; b) to the best of my knowledge,
no such action or proceedings is pending in the Supreme Court, Court of
Appeals or any other tribunal or agency; c) If I should learned that similar
action or proceeding has been filed or is pending before such tribunals or
bodies, I shall report that fact within five (5) days therefrom to the court of
agency where the original pleading and sworn certification have been filed.
BENJO C. BERNARDO
Affiant
SUBSCRIBED and SWORN to before me this 1st day of May 2016, affiant
exhibited to me his ______________ dated ________________ issued in
_________________.
Page 03.