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Republic of the Philippines

REGIONAL TRIAL COURT


Branch 06
th
8 Judicial Region
Bulwagan ng Katarungan
Tacloban City, Leyte

CIVIL CASE NO. 030293


CLARIANNE INE-JUAN
Petitioner, FOR: DECLARATION OF
NULLITY OF MARRIAGE
- versus -

DENVER OLIVER JUAN,


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

PETITION
Petitioner, by counsel and to this Honorable Court, most respectfully
avers that:

PARTIES

1. Petitioner Clarianne Ine-Juan, is twenty-nine (29) years old, with


residence at Barangay 94 Tigbao, Tacloban City, while respondent
Denver Oliver Juan is also twenty-nine (29) years of age and is
currently residing at B2 L10 San Gerardo, Heights, Tacloban City.
They can be served notices and other court processes at their stated
addresses;

2. Parties are capacitated to sue and be sued;

CAUSES OF ACTION/GROUNDS
FOR NULLIFICATION OF MARRIAGE
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3. Petitioner and Respondent, coming from the same Secondary School


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and University, have known each other for years. Although they were
members of the same school paper in high school, it was only in college
when they grew close to each other;

4. Respondent was a charismatic, sporty, and good-looking lad who


captured the eyes and the heart of teenage girls despite his bad boy
image. Petitioner was no exception as she had a crush on him since their
junior year at Leyte National High School where she served as the
editor-in-chief of The Leytean and the Respondent, as the editorial
cartoonist. Despite the numerous times that they had worked together,
Respondent never had special feelings nor was attracted to Petitioner.
They both remained acquaintances, while Respondent had numerous
girlfriends until they graduated in the year 2006;

5. Petitioner was admitted to the University of the Philippines Los Baños


with the degree program of Bachelor of Science in Civil Engineering.
There she met Dan Manuel, a civil engineering student, three years her
senior and was then the grandmaster of a known fraternity in the
University. Petitioner and Dan became a couple a few months after the
former started college;

6. After Petitioner’s second semester, Dan introduced her to his fraternity


brother who turned out to be herein Respondent, Denver. Petitioner was
asked by Dan to help Respondent adjust in the College of Engineering
and Agricultural Technology (CEAT) as the latter was a transferee from
a different college in the university, and that both of them were from
Tacloban City. Petitioner and Respondent then started to get to know
each other more, being classmates in GE classes and some major
subjects. Soon thereafter, they became buddies, and the Respondent
started sharing about his numerous flings, sex partners, use of
marijuana and struggles with academics to Petitioner, who being a good
friend that she was, listened, consoled, and gave him advice;

7. When Petitioner and Dan ended their one-year relationship, Clarianne


noticed that the Respondent had changed. He had stopped smoking and
drinking and spent more time with her inside and outside the campus.
The Respondent had become sweeter, thoughtful, and even more
considerate of others;
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8. Petitioner, still broken-hearted by the breakup with her first boyfriend,
drank after classes and Respondent who was always with her, would
take her home to her apartment. One night, Respondent took the
Petitioner who was then intoxicated to his apartment and there he
started making sexual advances on the latter. Despite being under the
influence of alcohol, Petitioner stopped the Respondent from touching
her but the latter was very persistent and started to become aggressive
telling her to give in so she could mend her broken heart;

9. Notwithstanding Petitioner’s resistance, Respondent succeeded in


having carnal knowledge of her, which prompted the former to see a
doctor due to heavy bleeding;

10. Petitioner avoided Respondent because she felt humiliated, scared, and
robbed of her virginity. Respondent, however, wooed Petitioner and
revealed that he had been secretly in love with her for a very long time.
He asked Petitioner to be his girlfriend, but petitioner refused.
Nevertheless, Respondent continued to pursue the Petitioner until the
former won the latter’s heart;

11. A few months after they became a couple, Respondent went back to
his old habits of using marijuana, smoking and drinking. Petitioner was
worried and convinced Respondent to stop and focus on his studies as
the latter was already failing his exams due to his vices, but to no avail.
Carried away with their uncontrollable impulses, they engaged in pre-
marital sexual congress. However, even when Petitioner complained of
extreme pain during intercourse due to her tilted uterus, Respondent did
not stop until he was satisfied, and would immediately get mad
whenever petitioner refused to make love to him.

12. In 2009, Petitioner got pregnant. When she informed the Respondent,
the latter suggested an abortion as they were still in their fourth year of
College. Petitioner, however, decided to push through with her
pregnancy notwithstanding the lack of support from Respondent. She
had pre-natal check-ups and went to and from classes alone.
Respondent rarely checked on her and preferred to party as he flunked
his subjects.
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13. On the second month of her pregnancy, Petitioner caught Respondent
making love to another woman in the latter’s bed room which caused
the Petitioner to almost have a miscarriage. Shortly thereafter,
Respondent, in a desperate plea to win her back, asked her to marry him
with a promise that he will change for good. Petitioner, lulled by the
Respondent’s pretended sense of affection said yes to Respondent.
Hence, on December 20, 2009 the couple wed at San Juanico Golf and
Country Club solemnized by Judge Alfie S. Avila; (A copy of the
Certificate of Marriage is herein attached as Annex “A”)

14. Petitioner and Respondent then returned to UP Los Baños to continue


their studies. Clarianne, juggled her academic requirements with all the
housework in their apartment, while the Respondent, despite the fact
that he was already a husband and a soon-to-be father continued to act
like a bachelor;

15. On April 27, 2010, Petitioner gave birth to a girl, but was lifeless upon
delivery. The stillborn baby was named Claire I. Juan. (A copy of the
death certificate is herein attached as Annex “J”)

16. Notwithstanding the grief of herein bereaved Petitioner, she continued


her studies together with Respondent. The latter, on the other hand, had
not improved at all—still engaged in his old vices. Subsequently,
Petitioner graduated Magna Cum Laude and placed 8th in the October
2011 Civil Engineering Board Examinations, while the Respondent did
not finish his studies;

17. Petitioner and Respondent returned to Tacloban to establish their


family home and to start anew. Respondent helped his parents in
managing La Villa Juan Hotel and chains of restaurants owned by his
parents. On the other hand, Petitioner was not allowed to work by her
parents-in-law and the Respondent so that she could focus on having a
baby;

18. On March 2015, petitioner got pregnant for the second time. She
expected Respondent to be happier and to stay with her more as the
latter was always away. But to her dismay, the Respondent continued
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to go on business trips locally and abroad, not even bothering to check


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on her and accompany her during visits to the doctor. Respondent


forbade Petitioner to check his phone which sometimes lead to intense
altercations. She later found out from a close friend of the Respondent
that the latter was having an illicit affair with a local model, evidenced
by photos, videos and screenshots of mistress’ facebook posts; (A copy
of the photos and screenshots is herein attached as Annex “N”)

19. Disturbed and extremely hurt, she confronted the Respondent about the
affair who immediately denied her claims saying that she should be
thankful that he was working hard to support her rather than accuse him
of being a philanderer. The frustrated Petitioner, went to her in-laws to
ask for help, but the latter asked that she be more enduring and
forgiving citing the promiscuous nature of males even when already
married;

20. Not wanting to give up on their marriage just yet, Petitioner sought the
intervention of their closest friends, but was unsuccessful. Respondent
was furious and told his family and friends that Petitioner was paranoid,
controlling, and possessive;

21. Petitioner decided to take a month off with her parents for peace of
mind. However, when she came home, upon opening the door of their
master’s bedroom, she saw Respondent on top of a woman whom she
recognized as the local model her husband was having an affair with.
The two were in the middle of coitus when she saw them and by instinct
she rushed to them and grabbed Respondent away from the woman. She
then wailed and cried so hard while slapping and hitting both of them,
until she felt warm liquid flow from her thighs and saw their maids who
immediately ran to the room in utter shock;

22. Petitioner had suffered a miscarriage and while she was confined at the
hospital, she never heard from nor saw the Respondent. This became
the last straw of their relationship and Petitioner finally decided that it
was all over; (A copy of the medical certificate is herein attached as
Annex “M”)

23. At present, Respondent is living in San Gerardo Heights with his


mistress;
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24. Petitioner believes that their relationship is already beyond repair.


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Petitioner did everything to save her marriage with Respondent,


however, their incompatibility and the Respondent’s flawed character
had made it impossible to redeem the relationship. Petitioner narrates
that it was in this premise that the she decided to separate from the
Respondent; hence, the filing of this petition;

25. The Parties own a house and lot worth six million pesos (P
6,000,000.00) at Giboren Ville, Tacloban City, a Toyota Fortuner and
Ford Everest all fully paid, amounting to five million pesos.

26. Petitioner has engaged the services of the undersigned counsel, of


Valens Law Office, for the preparation, filing, and prosecution of the
instant case;

27.The Petitioner had engaged the services of Dr. Regina D. Ayaso,


Clinical Psychologist, for the determination of the psychological
evaluation of both parties, who will be presented as an expert witness
in support of this petition (Attached is Annex “E”--Curriculum Vitae of
Dr. Regina Ayaso, Clinical Psychologist)

28.After a series of tests and interviews on the petitioner, the parties’


friends, and other relatives, it was found out that the respondent is
suffering from DISSOCIAL PERSONALITY DISODER (DSD);
which was concluded to be present prior to the marriage, is permanent,
incurable and caused the Respondent’s psychological incapacity to
fulfill his marital obligations towards the petitioner. A copy of said
Psychological Evaluation Report1 is hereto attached. The respondent’s
psychological incapacity was already present even before the
marriage was solemnized with the petitioner due to the fact that
Personality Disorder resulted from a complex interplay of early
childhood experiences, genetics and environmental factors. (A copy of
the psychological evaluation is herein attached as Annex “C”)
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PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of


this Honorable Court that:

1. Upon due hearing, Respondent Denver Oliver Juan be declared


psychologically incapacitated to comply with essential marital
obligations of marriage and the marriage of the parties be rendered void
ab initio for the psychological incapacity of the respondent to perform
his marital obligations under the Family Code of the Philippines;

2. Upon the declaration of nullity of marriage, the conjugal properties


be ordered liquidated, partitioned, and distributed among the parties;

3. Respondent pays Petitioner’s counsel two hundred fifty thousand


pesos (P250,000.00) for litigation expenses and attorney’s fees;

4. Orders and relief which are just and equitable under the
circumstances be issued.

Tacloban City, Philippines. January 23, 2018.

ATTY. LIZA S. SOBERANGGANDA


Counsel for the Petitioner
VALENS LAW OFFICES
M B Zee Bldg., Real St., Tacloban City 6500
Attys. Roll No. 51444/May 10, 2006
IBP O.R. No. 10387690/01-03-17, Leyte Chapter
PTR No. PL 9835654/01-03-17, Palo, Leyte
MCLE Compliance No. V-0004454, 11-12-2014
Valid Until April 14, 2019
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VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, CLARRIANNE INE-JUAN, of legal age, with residence in Barangay


94 Tigbao, Tacloban City, under oath, depose and say:

1. That I am the Petitioner in this case;

2. That I have caused the preparation of said Petition;

3. That I have read the allegations therein contained, and that


the same are true and correct of my personal knowledge and based on
authentic records; and

4. That I have not theretofore commenced any action or filed


any claim involving the same issues in any court, tribunal, or quasi-
judicial agency and, to the best of my knowledge, no such other action
or claim is pending therein; and if I should thereafter learn that the same
or similar action or claim has been filed or is pending, I shall report that
fact within five (5) days therefrom to the court wherein the aforesaid
initiatory pleading has been filed.

Witness my hand this 23rd day of January 2018 in Tacloban City.

_________________________________

SUBSCRIBED AND SWORN to before me this 23rd day of January


2018 in Tacloban City; affiant being personally known to me.

Copy furnished: By registered mail


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THE HONORABLE PROVINCIAL PROSECUTOR


Justice Hall, Magsaysay Boulevard, Tacloban City

THE HONORABLE SOLICITOR GENERAL


Office of the Solicitor General
134 Amorsolo Street, Legaspi Village
Makati City

EXPLANATION

A copy of the foregoing PETITION was served to the HONORABLE


SOLICITOR GENERAL at his office address indicated above by
registered mail due to distance of Makati City, Philippines and
Tacloban City, Philippines.

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