Republic of the Philippines

REGIONAL TRIAL COURT OF BOHOL

7
th
Judicial Region
Branch 3
Tagbilaran City
JANE APRIL VILLABER-CURAMBAO,
Petitioner,
- versus - Cv! Case N"# $%$&
For: Annulment of Marriage andor
!eclaration of "ullity of Marriage
'ERGIO T# CURAMBAO,
Respondent#
$ % % % % % % % % % % % % % % % % % % % % % % % % % % % % % %
'UMMON' B( PUBLICATION
&'(R(A), petitioner, through counsel, *led a Petition
for Annulment of Marriage andor !eclaration of "ullity of
Marriage, +hich is ,uoted as follo+s:
COMES NOW Petitioner, by the undersigned counsel, unto the
Honorable Court most respectfully states
!" #hat Petitioner is a $ilipino, of legal age, married to respondent
and a resident of %arangay Pondol, &oon, %ohol, 'here notices and
other processes of this Honorable Court may be ser(ed on her)
*" #hat +espondent is li,e'ise a $ilipino, of legal age, married to
herein Petitioner and a resident of Monta-a, %aclayon, %ohol, 'here
he may be ser(ed 'ith summons and other court processes)
." #hat Petitioner and the +espondent got married to each other on
/une *0, *112 in a ci(il 'edding solemni3ed by Hon" Sisinio C"
4irtuda3o, Presiding /udge of Municipal #rial Court in Cities, %ranch
!, #agbilaran City, as e(idenced by a copy of their certi5cate of
marriage hereto mar,ed as 6NNE7 68 and made as integral part
hereof)
9" #hat Petitioner and +espondent do not ha(e any children)
2" #hat Petitioner 'as then studying %S:Nursing at the ;ni(ersity of
%ohol 'hen she met 'ith +espondent sometime on the month of
/une *11*, 'ho had <ust arri(ed from /apan 'here he had an
employment, 'hen the latter 'as introduced to her by a certain
Mar(in Mutia, their common friend)
=" #hat right after they 'ere introduced to each other, the
+espondent started courting the Petitioner and due to persistent
courtship by the +espondent for a period only of less than a month
'ith a promise for a genuine lo(e and care, the Petitioner
un>uali5edly accepted the same)
?" #hat about three @.A 'ee,s of being s'eet hearts, +espondentBs
sister Cristy C" 6dtoon, called Petitioner (ia mobile phone @gi(en by
the respondentA informing her that +espondent has a child 'ith
another 'oman" #his caused >uarrel bet'een the Petitioner and
+espondent, but since the +espondent insisted that it 'as not true,
the issue 'as immediately settled)
0" #hat after fe' 'ee,s of (acation, +espondent 'ent bac, to /apan
for his 'or, thereat" While 'or,ing in /apan, +espondent 'ould only
contact Petitioner only t'ice a month 'ithin a period of siD @=A
months because accordingly he 'as busy 'ith his <ob" 6fter that siD
month:period, +espondent stopped contacting Petitioner and only
resumed contacting Petitioner sometime on the month of /anuary
*119 until the month of /une *119 'hen he had his one @!A month
(acation" Et 'as during that time that the plan for marriage 'as
mutually concei(ed by both of them after the +espondent promised
for a blissful married life)
F" #hat 'hen the +espondent 'ent bac, to /apan for his 'or,,
Petitioner had to stop studying nursing and instead transferred to
C4SC6$#:Calape Campus @No' %ES;A ta,ing up mid'ifery course
due to 5nancial constrain" While Petitioner 'as studying in
C4SC6$#:Calape, +espondent supported her 5nancially for a period
of 9 months only but thereafter stopped contacting Petitioner for
un,no'n reasons)
!1" #hat surprisingly, +espondent contacted again Petitioner on the
month of May *112 because accordingly his mobile phone 'as lost
and that he had hard time of loo,ing for PetitionerBs contact
number)
!!" #hat since then, Petitioner and +espondent 'ere constantly
contacting 'ith each other 'here the latter again re(i(ed the idea
of marriage 'ith the former and for 'hich reason, he 'ould go
home by the month of /une *112 in order to contract marriage 'ith
the Petitioner" 6lthough petitioner, on her part, had doubts on
getting married, petitioner decided to marry the respondent 'ith
the hope that their marriage could change respondentBs attitude
and the marriage may help impro(e the relationship" %esides, the
Petitioner 'as duped into belie(ing that +espondent 'as sincere on
his oGer for marriage considering that he 'as much older than her)
!*" #hat true enough, +espondent arri(ed on /une !!, *112 and
thereupon they 'ere scheduled for a ci(il 'edding on /une *0, *112
because he had to go bac, to /apan on /uly *, *112)
!." #hat the 'edding 'as solemni3ed by Hon" Sisinio 4irtuda3o, the
Presiding /udge of Municipal Circuit #rial Court in Cities, %ranch !,
#agbilaran City and thereafter Petitioner and +espondent had their
honey moon in the Hotel for only one @!A night and another three @.A
days at +espondentBs residence in Monta-a, %aclayon, after their
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marriage since the +espondent had to go bac, to /apan 'hile
lea(ing behind the Petitioner)
!9" #hat 'hile +espondent 'as 'or,ing in /apan, both Petitioner
and +espondent had constant communication only for a period of
5(e @2A months 'hen the +espondent stopped contacting the
Petitioner and that PetitionerBs attempt to call 'ere intentionally
ignored by the +espondent)
!2" #hat anDious of 'hat really happened to her husband, Petitioner
had to contact her mother:in:la' 6ECO #6C6M;+6 C;+6M%6O 'ho
'as then also staying in /apan, but she could only relay fe'
information regarding the +espondent because they 'ere staying
far from each other)
!=" #hat sometime on month of /une *11=, the +espondentBs sister
EME&H6 C" M;#E6, 'ho 'as also 'or,ing in /apan, arri(ed in %ohol
and urged Petitioner to prepare her papers in order to go to /apan
because, accordingly, her husband @the +espondentA had been
indulged into (ices such as illegal drugs, gambling and marital
in5delity)
!?" #hat 'hile Petitioner 'as preparing for her papers, she 'as
ad(ised by her sister:in:la' to stay at the +espondentBs residence at
Monta-a, %aclayon, %ohol)
!0" #hat it 'as the sisters of the +espondent 'ho supported
Petitioner in her eDpenses in going to /apan because of
+espondentBs indiGerence to the Petitioner)
!F" #hat sometime on 6pril 9, *11?, Petitioner arri(ed in /apan 'ith
the help of +espondentBs family, but upon her arri(al thereat, it 'as
only her mother:in:la' and sister:in:la' met 'ith her at the airport
'ithout the +espondent)
*1" #hat +espondent, on the other hand, appeared only on 6pril =,
*11? in the e(ening, to see 'ith the Petitioner at his sisterBs
residence, and it 'as during that time that they discussed the
possible employment they could oGer to the Petitioner)
*!" #hat surprisingly, the +espondent did not 'ant the Petitioner to
'or, 'ith him at his 'or,place for the Iimsy reason that the <ob
a(ailable thereat is so hea(y for the Petitioner)
**" #hat 5nally, the +espondentBs family decided to bring Petitioner
to Mi3unami City, Jifu Cen, /apan, in order to 'or, in a /apanese
$ood $actory together 'ith her sister:in:la' Emilda C" Mutia, 'ith
'hom Petitioner shared apartment for the meantime)
*." #hat the +espondent ne(er bothered to accompany Petitioner
'hen the latter transferred to her apartment near to her 'or,place
and in fact, it too, him one @!A 'ee, before he could (isit
PetitionerBs apartment)
3
*9" #hat e(ery time +espondent 'ould (isit Petitioner, the former
'ould <ust stay outside the apartment because his purpose 'as only
to as, money from the Petitioner for his daily allo'ance because his
income 'ere spent on gambling and other (ices)
*2" #hat in the hope of ,eeping their relationship in good pace
despite +espondentBs insensiti(e 'ays, Petitioner 'ould <ust grant
the formerBs re>uest for money for his allo'ance)
*=" #hat aside from his allo'ance, +espondent e(en re>uested
Petitioner to pay the unpaid amorti3ations of his car and other
obligations 'hich 'ere settled by the Petitioner to a(oid trouble
'ith the +espondent)
*?" #hat Petitioner, being the 'ife, al'ays longed to li(e 'ith the
+espondent in one roof, but such yearning turned out to be
frustrating because the +espondent ne(er runs out of alibi <ust to
e(ade his obligations as the husband of the Petitioner)
*0" #hat 'hen her /apanese 4isa 'as about to eDpire, Petitioner 'as
again duped by the +espondent to pay the do'n:payment for the
ne' apartment 'herein they could stay together and ha(e same
address as accordingly re>uired by the /apanese Jo(ernment for
rene'al of her (isa)
*F" #hat belie(ing in good faith that the same 'ould pa(e the 'ay
for their physical union as husband and 'ife, Petitioner eDcitedly
paid the do'n:payment good for four @9A months, through the
+espondent in 'hose name the do'n:payment 'as paid for)
.1" #hat, un,no'n to the petitioner, respondent had
misappropriated the money gi(en to him by the Petitioner intended
for the do'n:payment of the apartment and later she disco(ered
that +espondent sold his car 'ithout informing the Petitioner 'ho
'as the one paying the amorti3ations thereof)
.!" #hat fortunately, PetitionerBs (isa 'as rene'ed and she 'as
gi(en a period for three @.A years from 6pril 9, *110, for 'hich
Petitioner 'as (ery than,ful that she 'as gi(en a chance stay in
/apan hoping that she could stay together 'ith the +espondent)
.*" #hat sometime on the month of May *110, Petitioner had
transferred to a ne' apartment 'herein she 'as alone because still
the +espondent did not bother to stay 'ith her)
.." #hat sometime on September *110, 'hile Petitioner 'as
'al,ing at da'n time going to her 'or,place, she 'as about to be
raped by un,no'n assailant but luc,ily she 'as able to escape)
.9" #hat 'hen Petitioner informed +espondent about the pitfall
incident so that the latter 'ould 5nally decide to stay 'ith her, the
+espondent seemed to be undisturbed saying in (ernacular 'ala
bita' ,a ma rape8 @6ny'ay, your 'ere not being rapedA, and told
Petitioner that he cannot lea(e his sister alone in her apartment)
4
.2" #hat since then +espondent ne(er met 'ith Petitioner and it 'as
only on Hecember *=, *11F 'hen they accidentally met at the
apartment of the +espondentBs sister 'herein they 'ere able to tal,
for a'hile only)
.=" #hat on /anuary F, *1!1, Petitioner 'as accidentally bumped by
a car, and fortunately she suGered only minor in<uries)
.?" #hat it too, time for the +espondent to contact Petitioner about
the accident, and 'hen he did he <ust sent a teDt message saying
ayo ,ay 'alay nabali nimo8 @Jood that you did not in<ure fractureA,
and since then they ne(er communicated 'ith each other until
Petitioner 'ent home for a (acation on May F, *1!1)
.0" #hat 'hen Petitioner returned to /apan, she learned that
+espondent has another 'oman 'ho is his co:'or,er, 'orse,
because +espondentBs sister merely told Petitioner that she can do
nothing because they 'ere not staying together as if she tolerated
+espondentBs in5delity)
.F" #hat the ne's of the eDtra marital relationship and cohabitation
crushed the petitioner" Ho'e(er, Petitioner had to force herself to
get on 'ith her life 'ith the hope that things could be normal again
and (ie'ed the situation as <ust one of the tests in her married life)
91" #hat in order to put the record straight and to come to an end
her empty optimism, she urged +espondent to tal, fran,ly 'ith her
about his plan for them)
9!" #hat during their confrontation, Petitioner demanded
+espondent to stay 'ith her or else they 'ould separate 'ays for
good so that they could mo(e on" En a manifest display of
immaturity and coldness, +espondent ne(er sho'ed any hint of
remorse nor regret as he <ust let loose on the Petitioner alone as if
they ha(e not contracted marriage at all)
9*" #hat again sometime on /une *0, *1!1, during their 'edding
anni(ersary, Petitioner 'ith the hope of ,eeping their bonds as
husband and 'ife, once and for all, confronted +espondent in front
of his mother and brother, about the possibility of li(ing together in
one roof" Ho'e(er, e(ery time Petitioner as,s her husband about
such plan, respondent does not 'ant to discuss the same nor settle
things half'ay, it 'as al'ays the petitioner 'ho had to ad<ust to
respondentBs unpredictable and immature 'ays" En fact, as
narrated abo(e, communication 'as ne(er a part of respondentBs
(ocabulary and respondent ne(er allo'ed communication to d'ell
in the relationship)
9." #hat due to unbearable situation of the Petitioner brought about
by her husbandBs indiGerence, Petitioner had decided to go home in
the Philippines bringing 'ith her the heartaches, sorro's and
frustrations of ha(ing contracted marriage 'ith a man 'ho is
5
psychologically incapacitated of performing the duties of a married
life)
99" #hat the acts of disrespect to'ards the Petitioner, dishonesty,
and indiGerence and prodigality sho'n by the +espondent,
compounded by the facts that he is indulged into diGerent forms of
(ices, manifest +espondentBs long standing PSKCHO&OJEC6&
ENC6P6CE#K to comply 'ith the essential marital obligations of
marriage, 'hich incapacity even existed during the time he
contracted marriage with the Petitioner as e(idenced by the
Psychological 6ssessment +eport issued by the Psychologist hereto
attached and collecti(ely mar,ed as 6NNE7 %8)

92" #hat petitioner and respondent 'ere not able to li(e under one
roof after their marriage, and during the entire siD @=A year:period
of their marriage, they 'ere able to stay together only for four @9A
days, 'hich 'as during their honey moon period)
9=" #hat respondentBs unfaithfulness is indicati(e of his inability to
ful5ll his essential marital obligations to'ards Petitioner under
6rticle =0 of the $amily Code, on the husbandBs duty to li(e
together 'ith his 'ife, obser(e mutual lo(e, respect and 5delity and
render mutual help and support8)
9?" #hat as far as real and personal properties are concerned, the
Petitioner and +espondent 'ere not able to ac>uire any due to the
fact that they 'ere not staying together in one roof as husband and
'ife)
90" #hat reconciliation bet'een the parties hereto is no longer
tenable in (ie' of the gra(e irresponsible character and incurable
psychological incapacity of respondent, thus, the instant case 'as
5led, being the remedy to the said unendurable situation, in
accordance 'ith 6rticle .= and pertinent pro(isions of the $amily
Code of the Philippines)
9F" #hat this 6ction for Heclaration of Nullity of Marriage is 5led in
good faith 'ithout collusion, and in consonance 'ith la'"
P+6KE+
WHE+E$O+E, it is most respectfully prayed of the Honorable
Court that
@aA after due hearing and reception of e(idence, the Honorable
Court render <udgment declaring the marriage bet'een Petitioner
and +espondent as 4OEH 6% ENE#EO)

@bA ordering the City Ci(il +egistrar of #agbilaran City to ha(e
said marriage stric,en out from the Ci(il +egistry"
Other reliefs, <ust and e>uitable under the premises are
li,e'ise prayed for"
City of #agbilaran, October ?, *1!!"
6
#EOHO+O M" &6J6NJ
Counsel for the Petitioner
#HE &6W $E+M O$ C6SE&6N 4E&&6S
&6J6NJ %O+/6:/6ME&6
*L$ Pons Jarcia %ldg", .9 CPJ 6(e", #agbilaran City
#EN NO" F.. =1.:1..:111
P#+ NO" F=?***?, $or C"K" *1!!
E%P No" ?FF2*2, !*:!1:!1, $or C"K" *1!!
+oll of 6ttorneys No" 900!9, 2:1.:19
MC&E No" EE:11!*?2., issued on Sept" **, *110
MC&E No" EEE:1119F.1, issued on Sept" *9, *11F
MC&E No" E4:111!20., issued on $eb" !0, *1!!
4 E + E $ E C 6 # E O N 6NH C E + # E $ E C 6 # E O N
O$ NON:$O+;M SHOPPENJ
+EP;%&EC O$ #HE PHE&EPPENESA
CE#K O$ #6J%E&6+6NAS"S"
E, /6NE 6P+E& 4E&&6%E+:C;+6M%6O, $ilipino, of legal age,
married and a resident of Pondol, &oon, %ohol, after ha(ing been
duly s'orn to in accordance 'ith la' hereby depose and say
!" #hat E am the Petitioner in the abo(e:entitled Petition and E
ha(e caused the preparation of, and read the accompanying
Petition, and the contents herein are true and correct to the best of
my personal ,no'ledge and based on authentic documents)
*" #hat E ha(e not heretofore commenced any other action or
proceeding in(ol(ing the same issues in the Supreme Court, the
Court of 6ppeals, or any other tribunal or agency) #hat to the best
of my ,no'ledge, no such action or proceeding is pending in the
Supreme Court, the Court of 6ppeals, or any other tribunal or
agency) #hat if there is any such action or proceeding 'hich is
either pending or may ha(e been terminated, E 'ill state the status
thereof) and if E should thereafter learn that a similar action or
proceeding has been 5led or is pending before the Supreme Court,
the Court of 6ppeals or any other tribunal or agency, E hereby
underta,e to report the fact 'ithin 5(e @2A days therefrom to this
Honorable Court"
EN WE#NESS WHE+EO$, E ha(e hereunto set my hand this ?th
day of October *1!! in the City of #agbilaran, %ohol, Philippines"
/6NE 6P+E& 4E&&6%E+:C;+6M%6O
6Mant
S;%SC+E%EH 6NH SWO+N to before me this ?th day of
October *1!!, in the City of #agbilaran, %ohol, Philippines" 6Mant
eDhibited to me her competent e(idence of identity Passport No"
771.!11*=, issued on /uly 0, *1!1, issued at Philippine Consulate
Jeneral Osa,a, /apan"
7
ATTY. TEODORO M. LAGANG
NOTARY PUBLIC UNTIL DEC. 31, 2011
PTR NO. 9672227, FOR C.Y. 2011
ROLL NO. 48814, TIN NO. 933 603-033-000
IBP No. 7992, 12-10-10!
&'(R(A), on January -., /0-1, an 2rder +as issued
granting the summons by publication in a ne+spaper of
national circulation, once a +ee3 for t+o 4/5 consecuti6e
+ee3s#
NO), THEREFORE, respondent 'ERGIO T#
CURAMBAO is hereby summoned through this medium of
publication and is therefore re,uired to *le +ith the 27ce of
the Cler3 of Court, Regional Trial Court, 8ranch 1, Tagbilaran
City, your responsi6e pleading andor ans+er to the abo6e%
,uoted petition, +ithin thirty 4105 days from the date of last
publication, ser6ing at the same time a copy of your
pleadings to Atty# Teodoro M# 9agang, counsel of the
petitioner, at Tagbilaran City, 8ohol, and your failure to do so
+ithin the period prescribed +ill enable the abo6e%named
petitioner to ta3e :udgment against you and demand from
the 'onorable Court the remedies and reliefs prayed for in
the Petition#
9et this )ummons be published at the e$pense of the
petitioner in a ne+spaper of national circulation once a +ee3
for t+o 4/5 consecuti6e +ee3s#
&;T"()) the 'on# 9(2 M2;)() 9;)2", Presiding Judge
of this Court this -.
th
day of January, /0-1 at Tagbilaran City,
8ohol, Philippines#
ATT(# ANGIE U# LOGARTA
8ranch Cler3 of
Court
6;&L<tc
8