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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
FAMILY COURT
BRANCH 123, MAKATI CITY

JAMES YAP, Plaintiff,


-versus-

CIVIL CASE NO.

11979

KRIS AQUINO, Defendant.


x--------------------------------------x

COMPLAINT

COMES NOW, the plaintiff through the undersigned counsel and unto this
Honorable Court, most respectfully alleges, that:

1. Plaintiff is of legal age, married, Filipino and a resident of Apartment 10,


South Cembo, Guadalupe, Makati City, while defendant is of legal age,
married, Filipino, and a resident of B 8 L 6, Barrio Bisaya, Guadalupe,
Makati City, where she may be served with summons and other processes
of the court:
2. Plaintiff and defendant met and were introduced with each other in
Arellano University during their college das where they were schooled and
within a short span of time of having known each other, soon thereafter, a
whirlwind courtship and romance transpired and eventually ended up to a
marriage of the two;
3. Barely after a date or two, defendant got herself impregnated and
persuaded plaintiff that she goes with him;
4. That on February 6, 1999, a few months after a whirlwind courtship and
romance, defendant by means of false pretenses initiated and convince
plaintiff to enter into a marriage at the Church of the New Covenant,
Makati City, a copy of the Certificate of Marriage is hereto attached as
Annex A forming an integral part hereof;
5. During their cohabitation as husband and wife, plaintiff and the defendant
were blessed with a child named Baby James, born on June 4, 1999, a
copy of the Certificate of Birth is hereto attached as Annex B forming an
integral part hereof;

6. After giving birth, defendant initiated again to plaintiff her desire to finish
her degree in college to which the latter conformed and permitted
defendant to enroll in her former school in Arellano University.
7. Plaintiff, as responsible family man, took the responsibility of taking care
and nursing of their daughter with the thought that defendant though
away from them was busy with her studies but on the contrary, defendant
did nothing of that sort except to live a life of an unmarried woman;
8. On March 2, 2001, plaintiff in order to best improve their lives flew to
Thailand as an overseas worker where he was employed to work as an
engineer with a lucrative salary compared to what he receives in the
country;
9. I was while plaintiff works himself to death in his quest to seek for greener
pasture that he had received information from his friends about
defendants promiscuous way of living when she took a paramour and
began having an illicit affair with him in Arellano University.
10.Plaintiff in his desire to know the truth, he asked his father to check on
this information only to be informed that defendants illicit relationship
with a certain Paulo Avelino resulted to a child in the name of Julia Montes,
born on October 2001, and as can be gleaned from the data, the latter is
registered as the father, a copy of the birth certificate is hereto attached
as Annex C forming an integral part hereof;
11.Plaintiff, during his vacation from Thailand, confronted defendant at her
parents house about her infidelity, however, the latter opted to say
nothing that made the former doubt that indeed there was truth to what
was relayed to him by his friends;
12.With defendants prolong stay with her parents, it became a common
knowledge among their neighbors that defendant came from the Taft
areas with another man and very much pregnant and lived together as
husband and wife;
13.That due to humiliation, prompted plaintiff to file the necessary criminal
complaint against the defendant and her paramour, worst, even after said
case was filed, defendant again gave birth to another child but this time,
the babys father was registered as unknown a copy of the birth
certificate is hereto attached as Annex D forming an integral part
hereof;
14.That a court decision has been rendered convicting the defendant and her
paramour of the crime of adultery, a copy of the decision is hereto
attached as Annex E forming an integral part hereof;
15.Worst is that defendant did not in any manner bother to give their familys
welfare a thought when she took a paramour which only depicts that
defendant was never ready for a married life, thus, neglecting to perform
her marital duties and obligations to the plaintiff;

16.Defendant at the time of the celebration of their marriage knew for a fact
that she was psychological incapacitated to comply with the essential
marital obligations of marriage although during their courtship period, she
hid these facts to the plaintiff and only became apparent after the
solemnization and celebration of the said marriage;
17.The

defendants

psychological

incapacity

is

traceable

to

her

irresponsibleness, immaturity, and infidelity, just like the way she had
abandoned plaintiff and have an illicit affair with another man that out of
the sexual intercourse with him produced two (2) children outside
marriage, and if plaintiff would just tolerate the past antecedents and
remain married with the defendant, surely the former would neglect her
duties to give physical, moral and spiritual support as wife and would only
labor an affliction that makes a common life as husband and wife
impossible and unbearable;
18.The defendant, because of her psychological incapacities which are
permanent and incurable combined with her infidel ways, has already
failed to comply with the marital obligations of marriage with the plaintiff
that is, having deprived the latter of a wifes love, respect, and a good and
happy marriage and family relationships;
19.Plaintiff and defendant never acquired any property, real or personal;
20.The dissolution of their marriage will serve the best interest, peace and
tranquility of the plaintiff and the defendant.
WHEREFORE, it is most, respectfully prayed of this Honorable Court, that
judgment be rendered in favor of the plaintiff and against the defendant declaring
as NULL AND VOID AB INITIO the marriage between the parties as evidence by
Annex A and the dissolution of their property relationship.
The plaintiff further prays for other relief and remedies just and equitable
under the premises.
28th day of March 2005. City of Makati.
(SGD.) BOY S. ABUNDA
Counsel for the Plaintiff
IBP No. 582111 12-22-04
PTR No. 1234567 12-2204
VERIFICATION

AND

ROLL No. 12345 5-8-91


Makati City
CERTIFICATION

I, JAMES YAP, of legal age, married and a resident of Apartment 10, South
Cembo, Guadalupe, Makati City, after having been duly sworn to in accordance
with law do hereby depose and state;
That I am the plaintiff in the above entitled case;
That I have caused the preparation of this complaint;

That I have read its allegations and the same are true and correct to the best
of my own personal knowledge;
That I further certify that, and to best of my knowledge there is no other
petition involving the same issues raised herein has ever been filled with the
Supreme Court, Court of Appeals, any of their divisions, or any tribunal or agency;
That I undertake to notify this Honorable Court, five (5) days from the notice
of any such pending action or proceeding.
(SGD.) JAMES YAP
Affiant
SUBSCRIBED AND SWORN to before me this March 28, 2005 in the Makati
City.
(SGD.) BOY S. ABUNDA
Notary Public
Doc No. 1234
Page No. 123
12-22-04
Book No. 1
Series of 2005

Until Dec. 31, 2007


PTR No. 1234567
ROLL No. 12345 5-8-91
Makati City