Republic of the Philippines

National Capital Judicial Region

Regional Trial Court
Branch ___
City of Makati

Lino Bartolome,
Petitioner,
-versus- Civil Case No. _________
For: Declaration of Nullity of
Marriage under Art. 35 of the
Family Code.
Jade Flores-Bartolome,
Respondent,
x- - - - - - - - - - - - - - - - x

PETITION
COMES NOW petitioner, by the undersigned counsel and to this
Honorable Court, respectfully alleges:

1. That petitioner Lino Bartolome is of legal age, married Filipino and

resident of Masbate;

2. That respondent Jade Flores-Bartolome is of legal age, married

Filipina and resident of Masbate;

3. Petitioner was previously married to Jacky Bartolome, a Filipina.

They were married for seven years, however, she went missing last
November 22, 2014 after riding the M/V Dona Halic Ferry that sank
near the island of Masbate. Despite the persistent efforts of looking
for her, petitioner failed to found Jacky;

4. On November 22, 2016, petitioner and respondent got married in

Masbate. A councilor officiated their marriage because there were no
available mayor or vice mayor at that time. Moreover, due to their
determination on marrying there was no marriage license that was
signed or issued;

5. After dwelling together for one and a half year, petitioner discovered
several issues about his wife, the respondent. The following are as
follows:

a. Jade, respondent kept from the petitioner that she had an

illegitimate child which is known to be the adopted son of her parents;
 b. Respondent lied about her profession which was already seen in
many instances such as no one in her family has watcher her perform
and she made up names to send letter to Lino just to prove that she is
an empoloyee of ABS-BCEPS.

c. that the respondent fabricated a story about her brother alleging that
she was attempted raped and killed her. Petitioner found out that her
brother had a falling out many years before and is now living abroad
through the respondent’s parents who denied the allegations;

d. the respondent has also spent lavishly while she was supporting her
family and her relatives;

e. respondent has shown acts of insecurities, jealousies and excessive

monitoring over Lino up to the extent that she was calling his
officemates and friends to monitor his whereabouts;

f. all of these circumstances are only found out due to the

respondent’s confession, quarrels or relatives of the respondent.

6. On June 2018, petitioner was fed up and decided to separate from the
respondent due the said unusual actions. On November 2018,
petitioner tried to reconcile but the respondent did not change her
behavior. This caused the petitioner to permanently leave the
respondent;

7. Following the facts stated by the petitioner, he wants to file an action

to end his marriage with the respondent. Under article 35 of the
Family Code, their marriage is considered void ab initio. It is void
from the beginning since there was no available marriage license
during their ceremony. As stated under article 35:
a. Any marriages that is solemnized without marriage license is
considered void from the beginning. This is in relation to article 2 also
of the Family code which states that one of the formal requisites of
marriage is “a valid marriage license except in cases provided for
Chapter 2 of this title”. Absence of any formal requisites is considered
ab initio unless one or both parties are in good faith;
b. Furthermore, under the sixth paragraph of article 35 stating that a
subsequent marriage that is void under article 53 of the same code shall
also be void. The previous marriage of the petitioner with Jacky
Bartolome was still valid because there is no judicial declaration of
presumptive death. The law still acknowledges the validity of his
previous marriage therefore, any subsequent marriage done by the
petitioner is automatically void. The marriage with respondent was void
and is not recognized in the eyes of Philippines laws;
8. The petitioner has therefore arrived to a recourse to sought judicial relief
through an action to end their marriage.
 PRAYER

WHEREFORE, after trial it is respectfully prayed that this Honorable

Court rendered judgment:

1. Declaring the marriage performed by the petitioner and respondent as

null and void on the ground of voidable marriages as provided under
Article 35 of the Family Code of the Philippines.
Petitioner prays for such other relief she may be entitled to in the
premises.
City of Makati, December 1, 2018.
 VERIFICATION-CERTIFICATION ON NON-FORUM
SHOPPING

I, Lino Bartolome, of legal age, Filipino citizen, resident of Masbate,

after having been sworn to in accordance with law, depose and say:
1. That I am the petitioner in the above-entitled case;

2. That I caused the preparation and filing of the foregoing Petition;

3. That all the allegations therein are true and correct of my own
knowledge and based on authentic records;

4. That I hereby under oath that I have not heretofore commenced any
other action or proceeding involving the same issues in the Supreme
Court, Court of Appeals or any other tribunal or agency, and that to
the best of my knowledge, there is no other action or proceeding,
which is pending before this Honorable Court, Court of Appeals,
Supreme Court or any other tribunal or agency involving the same
parties and the same issues, and that if I learn hereafter that there are
other proceedings pending before this Honorable Court, or any other
tribunal or agency, I hereby undertake to report that fact within five
(5) days therefrom to this Honorable Court.

Makati, Philippines, December 1, 2018.

____________________
Lino Bartolome
Affiant

SUBSCRIBED AND SWORN to before me this 1 day of December,

2016 at Makati. Affiant exhibited to me his Filipino Passport No. 13542
issued at Makati.