REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION BRANCH______ BAGUIO CITY

EVA SANTOS FONDA - KHO Petitioner, -versusHAYDENN DELA HOYA KHO, Respondent, x- -- - - - - - - - -- - - - -- - - -- -- - - -- - -x

CIVIL CASE NO. _________ For: Declaration of Nullity of Marriage

PETITION

COMES NOW, the petitioner through her counsel, unto this Honorable Court, prays for the Declaration of Nullity of Marriage with Haydenn Kho under Article 36 of the Civjil Code, most respectfully alleges that:

1. Petitioner is of legal age, Filipino, married to Haydenn Dela Hoya Kho the respondent, and a resident of no. 133 T Alonzo Street, Baguio City;

2. Respondent Haydenn dela Hoya Kho is also of legal age, Filipino, married to Eva Santos Fonda the plaintiff, and a resident of no. 143 Macho Street, Caoayan City, Isabela where he may be served with Orders and other Processes of this Honorable Court;

3. That petitioner and respondent were married on June 1, 2000 at the Our Lady of Atonement Cathedral, Baguio City, hereto attached and marked as ANNEX A ;

The antecedent facts are as follows:

1. Petitioner Eva Fonda and respondent Haydenn Kho met here in Baguio City at the Manor Hotel in a birthday party of their common

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family friend when they were introduced to each other by their respective parents. Their parents told them that their marriage had been arranged since they were young. Plaintiff and respondent were both 23 years old at that time. Plaintiff is a Certified Public Accountant and was an aspiring lawyer while respondent is a nursing graduate who failed the board exam thrice, and instead engaged in the business of poultry and roosters for cockfighting; 2. After their first meeting, their parents decided that they should stay in one roof together with their siblings here in Baguio City. So petitioner with her two brothers moved in with respondent in an apartment at New Lucban Extension; 3. After a week of living together, respondent started to court petitioner. Respondent would cook her food every morning just to please her and even bring her breakfast in bed; 4. However after the courtship and in the middle of their boy-girl romantic relationship, respondent changed. Every night,

respondent would go out to drink with his friends and will return late in the evening. Respondent was even so pervert that he will ask for sex three times a day. Respondent was very addicted with cockfighting and poker; every weekend he would force plaintiff to come with him at Tuba for a cockfight or at Poro Point to play poker. Aside from that, during weekdays he spent 2 hours in the gym and only thinks of how he will improve his muscles. Plaintiff realized that respondent was only pretending when she was being courted; 5. Two years after living together, petitioner got pregnant so respondent s parents decided that they should get married. Plaintiff agreed to get married because she was hoping that Haydenn Kho will change;

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6. However, Haydenn Kho s behavior even worsened after their wedding. Haydenn Kho has the penchant of initiating brawls in disco bars. Most of the time petitioner has to go to the police station to settle with her husband s alleged victims of brawling incidents during her pregnancy; 7. During petitioner s pregnancy, respondent refused to accompany her to a nearby hospital for check up. Petitioner learned that the reason behind this is that one of the nurses in that hospital was her husband s ex-girlfriend back in college. Respondent insisted that if she wants to be accompanied during her check she should transfer to another hospital to have her monthly check up done; 8. Petitioner gave birth to Ma. Elena Fonda Kho, on January 1, 2001 at Notre Dame de Chartes Hospital, a copy of her Birth Certificate is hereby attached as ANNEX B. When petitioner was giving birth to their daughter, respondent went drunk in the hospital together with his drinking buddies; 9. After giving birth, petitioner continued her studies and eventually graduated from the law school. After her graduation in March 2006, she decided to go to Manila for her review for the 2006 Bar Exams which separated her from her husband. Their daughter was left with petitioner s parents because respondent refused to take care of the baby. 10. During her review in Manila, respondent would call her once a week just to ask her to have phone sex which petitioner really do not like; 11. That after passing the bar, petitioner learned that while she was reviewing for the bar exams, respondent had several girlfriends here in Baguio. There was even a confrontation that happened between one of the girlfriend and petitioner which lead to a cat fight;

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12. That petitioner and respondent s parents tried to reconcile them. Petitioner gave him another chance to redeem himself. But after several months, respondent resumed to his unlikely behavior;

13. Respondent made attempts to get back with the petitioner again. However petitioner has decided not to accommodate respondent s attempts after realizing that she deserves to move on and devote her time in her daughter and career. 14. Petitioner and respondent had been living separately for the past 5 years. Any possibility of reconciliation is far-fetched. Petitioner is now staying with her parents here in Baguio City, while respondent is with his parents in Isabela; 15. Despite petitioner s efforts to work out the marriage, respondent was a consistently irresponsible husband and father unable to comply with his marital obligations to his wife and his fatherly obligations to his child, keeping them second priority to his drinking buddies and and vices. 16. From the inception of the marriage until the parties separation, respondent had shown only lust and not love, respect and support to petitioner. 17. Respondent refused to abide by the established norms of conduct of a married man and does not bother to seek ways and means to attend to the needs of his family. He does not show concern as to the rearing and welfare of their children. 18. Respondent is and has been unfit, psychologically and mentally to be a husband and a father. He has never shown enough love. The psychological illness of respondent is grave, medically and clinically permanent and incurable to the point that respondent was and continuous to be disabled from performing and assuming the

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essential duties and obligations of marriage and even after the separation in fact with the petitioner. 19. Petitioner who complied with her marital obligations required of a wife a mother, going to the extent of assuming the sole responsibility of being mother and father for the family and taking care of her daughter. On the other hand, the respondent remained to be childish, selfish and cannot stand as a padre de familia . 20. The psychological illness of respondent is grave, incurable and medically permanent to the point that respondent was unable to perform and assume the essential duties and obligations of a married man.

21. Their daughter Ma. Elena Fonda Kho, who is still a minor is under the care, support and custody of herein petitioner; 22. The parties had not acquired any conjugal property; 23. In view of the foregoing petitioner, in her own initiative, now wanted to have their marriage declared a Nullity under Article 36 of the Family Code due to the psychological incapacity of respondent to fulfill his marital obligation and responsibility to stand as a good father of the family.

PRAYER

WHEREFORE, it is most respectfully prayed of this that after due notice and hearing, an Order be issued:

Honorable

Court

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1. Declaring the Marriage of Plaintiff Eva Santos Fonda

Kho and

Respondent Haydenn dela Hoya Kho a Nullity under Article 36 of the Family Code;

2. Awarding to the plaintiff the custody of their minor daughter Ma. Elena Fonda Kho; Plaintiff likewise prays for other reliefs just and equitable under the premises. Baguio City, November 30, 2012.

Andres, Antonio, Barcena, Sison and Villacorta Legal and Accounting Firm Counsel for the Petitioner Room 8, Laperal Building, Session Road Baguio City By: Atty. Evangeline Bulaon Antonio Of Counsel PTR. 123456, Jan. 2, 2011, BC IBP. No. 123456, Jan. 2, 2011, BC Roll No. 2051652 MCLE Compliance No. 3

Republic of the Philippines) City of Baguio )S.S. x- - -- - - -- - - -- - - - -- x

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING That I, Eva Santos Fonda, of legal age, Filipino, married and a resident of Baguio City, after having been duly sworn to in accordance with law, hereby depose and say: That I am the plaintiff the above-entitled case; That I have caused the preparation of the foregoing complaint; That I have read the contents and the allegations therein contained are true and correct to the best of my knowledge and belief; I further certify that I have not theretofore commenced any similar action or proceedings involving the same issue/s before any other tribunal including the Supreme Court and Court of Appeals, or in any agency or instrumentality of the government, to the best of my knowledge, no such action or proceeding is pending before any other tribunal, including the Supreme Court or Court of Appeals, or in any agency or instrumentality of the government, should I thereafter learn that a similar action or proceeding has been filed or pending before the Supreme Court, Court of Appeals or different divisions thereof, any tribunal, agency or instrumentality of the government, I shall undertake to report such fact within five (5) days therefrom to the Court or agency wherein the original pleadings and sworn certification contemplated herein has been filed. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November at Baguio City.

Eva Santos Fonda-Kho Plaintiff/Affiant Driver s License No 123456 Issued on January 1, 2009 At Baguio City SUBSCRIBED AND November at Baguio City. SWORN to before me this 30TH day of

Atty. Evangeline B. Antonio Notary Public for and in the City of Baguio Comissioned No. 123456 -----------------The Office of the Clerk of Court RTC,

Baguio City

GREETINGS: Please include the foregoing petition in your calendar of cases on December 5, 2011 at 9:00 a.m. for the consideration and approval of the Honorable Court.