Republic of the Philippines

REGIONAL TRIAL COURT

_____________________
Bacolod City
Branch ______
INA GRABYADO-MO,
Plaintiff,
-

Versus -

Civil Case No. 16-00-0069

For: Declaration of Nullity of
Marriage

SIRA URO MO,

Respondent.
X-------------------------X

PETITION
COMES NOW plaintiff, by the undersigned counsel and unto this
Honorable Court, most respectfully alleges:
1.

Plaintiff is of legal age, Filipino citizen and a resident of 143

Lonely Hearts St., Bacolod City while respondent is likewise of
legal age, Japanese citizen and a resident of Door No. 343, Suzaku
Apartments, Kiyamachi Street, Kyoto City, Japan, where he may
be served with summons, orders and other legal processes of this
Honorable Court;

2.

Plaintiff and respondent are husband and wife, having been legally
married on December 12, 2007 at Hiroshima, Japan and
subsequently ratified said marriage in San Sebastian Cathedral in

Bacolod City, a copy of their marriage certificate is hereto attached

as Annex A;
3.

Prior to said marriage, herein plaintiff was married to her

childhood sweetheart, Dan Grabyado. A child was born to plaintiff
and Dan during that union, Nicholas, aged 9 years old. A copy of
Dan and plaintiffs marriage certificate is attached as Annex B
and Nicholas Certificate of Live Birth is likewise attached as
Annex C;

4.

Shortly after their marriage, Dan died due to cardiac arrest. A copy
of the death certificate is hereto attached as Annex D;

5.

To end her grieving process for the death of her first husband,
plaintiff decided to take a vacation to Japan. During said vacation,
a friend of hers suggested a job opening in a well-known electronic
company. Petitioner decided to submit the required documents as a
walk-in applicant for the position.

6.

After having been accepted for the job, plaintiff was given a
working visa in Japan and commenced her employment with the
said electronic company.

7.

Plaintiff and respondent became co-workers. Plaintiff was assigned

as an Assistant Manager for the Integrated Manufacturing Services
Division and was tasked to supervise manufacturing and
distribution. Respondent, on the other hand, was the Head
Engineer in the Sensing and Control Division of the company;

8.

Respondent first noticed the plaintiff in a company event and asked

her out for dinner several times. A close friend of the plaintiff in
the company warned her that there had been suspicions about

respondents sexuality. Plaintiff, feeling apprehensive about the

invitations, declined.
9.

Eventually, a mutual friend of both parties convinced them to go

out for a double date. Plaintiff confronted respondent about the
stories she heard from her co-workers about the latters sexuality.
The respondent told her that it was just a phase and an
episode. He further clarified that he intended to get married and
have children in the future. Feeling the respondents sincerity,
plaintiff decided to drop the subject and give the respondent a
chance. Since then, plaintiff and respondent regularly went out for
strolls in the park, movies and dinner.

10. During

their dating period, the plaintiff told the respondent that she

was previously married and that her spouse died a little over a year
after the marriage. She also informed the respondent that she had a
son. Respondent, on the other hand, openly received these
information and showed no signs of protest regarding plaintiffs
previous circumstances. In June 2005, plaintiff and respondent
officially became a couple.
11. In

a brief vacation in the Philippines in December 2005,

respondent was able to meet plaintiffs son, Nicholas. The boy

immediately bonded with the respondent. It was also in the same
time that respondent proposed marriage to plaintiff which the latter
accepted. The respondent communicated his desire to adopt
plaintiffs son after they get married in Japan.
12. Feeling

like everythings finally falling into place, plaintiff started

planning their wedding after a year of engagement and thereafter

got married on December 12, 2007 at Hiroshima, Japan.

13. After

a year and few months of being married, the petitioner and

respondent visited the former's relatives in the Philippines and

subsequently ratified said marriage on April 25, 2009 in San
Sebastian Cathedral in Bacolod City. Both decided to live as
husband and wife here in the Philippines.
14. Four

months after the said marriage in Bacolod City, Petitioner

noticed that respondent is reluctant and hesitant to consummate the

marriage and that he senselessly and constantly refuse to have any
sexual relations with her. The respondent's unreasonable refusal
amounted to a psychological incapacity to comply with the
essential marital obligations.
15.

The petitioner further states that respondent became close to one

of his male clients. That on November 25, 2009 petitioner saw
respondent's car parked in a famous restaurant and thereafter saw
respondent holding hands with another man which happens to be
the respondent's client in one of his businesses and publicly
displaying their affections with each other. A copy of the
photograph is hereto attached as Annex E;

16. On

December 22, 2009 petitioner received a package or mail

addressed to the name of the respondent which was delivered in

their residence in Bacolod City. The same package contained
love letters from the said man whom the respondent had an affair
with. A copy of the receipt and acknowledgement of the mail are
hereto attached as Annex F and Annex G
17. Respondent's

psychological condition was the compelling cause

and reason of his refusal to consummate the marriage and renders

him incapable of complying with the essential marital obligations
of a husband. Such manifestation of the psychological condition is

grave, incurable and existed even prior the marriage of petitioner

and respondent.
18. Petitioner

likewise claims that herein respondent was emotionally

immature, irresponsible and continually failed to adapt himself to

married life and perform the essential responsibilities and duties of
a husband.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that the marriage of the petitioner with the respondent be declared a nullity.
It is likewise prayed that if and when parties are able to enter into an
extrajudicial settlement as to custody and joint parenting, the same be
adopted by this Court and in the absence thereof, a fair and just settlement of
their rights and obligations as parents be adjudicated by this Honorable
Court. We pray for such other reliefs, just and equitable under the premises.

Bacolod City. ___________, 2016.

Atty. HAZEL RAE ANDAYA

Counsel for Plaintiff
Door No. 10, O Residences, Bacolod
City.
IBP No. 764814 dtd. 01-07-16 Bacolod City
PTR No. 5448574 /01/14/16/ Bacolod
Roll No. 33476
MCLE Compliance II 0009328
Dtd. __________, 2016.

VERIFICATION

I, INA GRABYADO-MO, of legal age, under oath, states:

01.

That I am the plaintiff in this case and that I have caused the

preparation of the same petition;

02.

That I attest to the truth of all the allegations in the same

petition of my own personal knowledge;

03.

In compliance to the Supreme Court circular against forum

shopping, I hereby certify that: a) I have not commenced any other action
or proceeding involving the same issues before the Supreme Court, or Court
of Appeals, or any other tribunal or agency;

b)

to the best of my

knowledge, no such action or proceedings is pending in the Supreme Court,

Court of Appeals or any other tribunal or agency; c) If I should learned that
similar action or proceeding has been filed or is pending before such
tribunals or bodies, I shall report that fact within five (5) days therefrom to
the court of agency where the original pleading and sworn certification have
been filed.

INA GRABYADO-MO
Affiant

SUBSCRIBED and SWORN to before me this _____ day of _____

2016,

affiant

exhibited

to

me

his

______________

________________ issued in _________________.

Doc. No. ________

Page No. ________
Book No. _______
Series of 2016.

dated