Republic of the Philippines

REGIONAL TRIAL COURTS

12th Judicial Region
Branch XV
Cotabato City

MARGIE C. ELEJENO SPL. PROC. CASE No.

________ Petitioner,

-versus- for

RHEE C. RIVERA
Respondent. ANNULMENT OF MARRIAGE
x-----------------------------------x

PETITION

COMES NOW, the Petitioner, thru the undersigned

counsel and unto this Honorable Court respectfully states
THAT:

1. Petitioner MARGIE C. ELEJENO is a Filipino, of

legal age, married and a resident of Cotabato
City where he may be served with summons,
orders, and other processes of the Honorable
Court;

2. Respondent RHEE C. RIVERA is also a Filipino,

of legal age, married and a resident of
Mansanitas St., General Santos City where she
may be served with summons, orders, and other
processes of the Honorable Court;

3. Petitioner is business woman having several

business enterprises at General Santos City. She
was a widow having two children of her previous
marriage before he met Respondent on the early
of the year 2006 at General Santos City;

4. Respondent courted Petitioner as early as their

friendship started to develop and later on
became sweethearts sometime on January 26,
2006. Mutual attraction blossomed between
them resulted to live them together without the
benefits of marriage;

1
5. Believing that their relationship could affect their
status in the community as it was unlawful, they
decided to involve in lawful marriage and in fact,
they were married at the Regional trial Court,
Branch 3, General Santos City on September 25,
2006 by Hon. Judge Isaac Alvero V. Moran. Copy
of their Marriage Certificate is hereto
attached as Annex “A”;

6. After their wedding, they lived together in one

roof as short as six months period in the house of
the Petitioner who in one way or another fully
supported Respondent who has no work at the
time;

7. Feeling bored, Respondent asked Petitioner to

support him in going abroad for reason that
accordingly he would also help Petitioner support
their daily expenses in the house. And so,
Petitioner assisted him financially and
Respondent went to Canada;

8. During their short period of time when they lived

together, Petitioner noticed that Respondent was
so different in his words and actions compared to
normal husband. Petitioner suspected that there
is something unusual to the behavior of
Respondent as a male person and as a husband;

9. Respondent would always avoid his responsibility

towards Petitioner’s basic need. From the time
after their wedding, Respondent had not
experienced sleeping with the Petitioner until his
out of the country;

10. In such period, Respondent had no time for

dating and obviously had completely fallen out of
love to Petitioner. Respondent has no time for her
being busy in his preparation to go for abroad;

11. They no longer talked each other much less

greeted with each other in such short period.
Marriage appeared to be far off from reality
unless they resort to a loveless marriage;

12. Previously, however, Respondent personally

talked to the Petitioner that he would only marry

2
 her with the conditions that he has no plan to
build a family; to procreate children and will
merely pretend to be enjoying marital blessings
while in the presence of their parents, friends
and relatives;

13. Petitioner wanted only to venture and go through

an experimental marriage although living under
one roof for six months. Respondent could not
accept as Petitioner’s husband and quarreled
most of the time to her. Then it gradually dawned
upon them that his pretense will not work for a
protracted length of time and came to the
ultimate decision to separate her and wanted to
go abroad;

14. From the time Respondent went abroad, he no

longer communicated Petitioner despite effort on
her part to locate him. No support was done to
Petitioner morally, spiritually, emotionally and
financially;

15. Respondent terribly failed, both in his marital and

husband’s duties. He cared only about himself
and the pursuit of his own happiness, totally
unconcerned of how Petitioner might feel about
his indiscretions. He did not take care of her and
has never done anything to make the marriage
work;

16. Truly, Respondent is psychologically

incapacitated to perform the essential marital
obligations as stated in the provisions of EO 209
known as the Family Code of the Philippines, and
by virtue thereof, Petitioner is now entitled to a
Declaration of nullity of his marriage with the
Respondent specifically under Article 36 of the
same Code.

WHEREFORE, premises considered, it is respectfully

prayed to the Honorable Court that after hearing judgment be
rendered:

1. DECLARING the marriage between MARGIE C.

ELEJENO and RHEE C. RIVERA totally NULL
and VOID AB INITIO;

3
 2. DISSOLVING the absolute community of
property or the conjugal partnership in favor of
the Petitioner;

Such other relief just and equitable under the premises

are likewise prayed for.

Cotabato City, Philippines. December 5, 2008.

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, MARGIE C. ELEJENO, Filipino, of legal age, married and

a resident of Cotabato City, Philippines, after having been duly
sworn to in accordance with law, hereby depose and say:

1. That I am the Petitioner in the above-entitled

case;

2. That I caused the preparation of the foregoing

Petition;

3. That I have read the foregoing Petition and the

allegations thereof are true and correct to my own
knowledge and belief;

4. That I further certify under oath that:

a. I have not heretofore commenced any

action or file any claim including the
same issue in any other court, tribunal
or quasi-judicial agency and to the best
of my knowledge, no such other action
or claim are pending therein;

b. If thereafter I should learn that the same

or similar action or claim has been filed
or pending, I shall report said fact within
five (5) days therefrom to this Honorable
Court.

4
 IN WITNESS WHEREOF, I have hereunto set my hand
this 5th day of December 2008 at the City of Cotabato,
Philippines.

MARGIE C. ELEJENO
Affiant

SUBSCRIBED AND SWORN TO before me this 5th day of

December 2008 at the City of Cotabato, Philippines.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2008.