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BRANCH _______


- for

- versus - OF MARRIAGE

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


C OMES NOW, the Petitioner through the undersigned counsel and unto this
Honorable Court most respectfully alleges that:

1. The Petitioner is LINA JOY ESTEBAN-RIVERA, 37 years old, Filipino citizen and
resident of Block 12 Lot 14 Section 9, Phase I, Pabahay 2000, Brgy. Muzon, City of
San Jose del Monte, Bulacan.

2. The Respondent CRISTOPHER RIVERA is 41 years old, Filipino citizen and with
postal address of P. Villanueva Cor., Brgy. 91 Zone 9, Market Road, Pasay. He was
illustrated as alcoholic, proud and intolerant of views.

3. Sometime in 1996, When Petitioner met the Respondent. She was then staying at
the residence of Finland and her husband named Chong. Finland and her husband
were not relatives of the Petitioner. They were former occupants of her uncles
apartment, Where Petitioner was residing as well. However after that her uncle and
his wife separated, they gave the rights of the house over to Finland and her
husband before they parted ways. The mother of the Petitioner then asked Finland
and her husband if they could gave the Petitioner a home until she could finish high
school because she could not accommodate the Petitioner anymore with her new

4. The Respondent is the cousin of Finland. He would usually visit Finland and he was
starting to take advances on the Petitioner. But Petitioner never gave the
Respondent a chance to court her because she was prioritizing her studies.
However, Finland would usually force the Petitioner to agree to go out with the
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Respondent so that she and her husband would receive free movies in cinemas and
free meals courtesy of the Respondent.

5. When the mother of the Petitioner went to Laguna to work. Meanwhile, Finland
disclosed to the Petitioner that her mother left not even a single centavo. Petitioner
was disheartened and frustrated since she was very eager to finish her studies and
now everything was uncertain. Finland reiterated to the Petitioner that she should
accept the Respondent to be her sweetheart if she wants to finish high school.
Added to that, Finland never failed to remind the Petitioner that it was the
Respondent whos feeding them. With this, Petitioner was compelled to accept the
Respondent to be her lover.

6. Finland and Chong were selling vegetables that usually end at midnight thus it was
almost always the Petitioner and Respondent left at home at night. Most of nights,
Petitioner would wake up only to find out the Respondent is cupping her breast and
trying to touch her private parts. She would beg the Respondent to stop and
reiterates to him desire to finish high school first.

7. Petitioner continued studying responsibility while hoping that her mother will come
back to rescue her but did not happen. One night, the Respondent took advantage of
his machismo against the frail Petitioner. The Respondent started by touching her
body. The Petitioner crying as the Respondent was maneuvering himself to her. Few
days later, Respondent was asking her to take various medicines without
prescription from professionals claiming that it was contraceptives. But Petitioner still
had untimely pregnancy. That time, the Petitioner was only 17 years old. The
Respondent even tried to abort the baby by giving her different abortion pills
fortunately all the efforts of the Respondent was unsuccessful. However, on the other
hand, Petitioner was still disheartened and frustrated at the same time for not
finishing her education.

8. Few months into her pregnancy, the mother of the Petitioner came back. It was only
then when Petitioner learned that her mother actually left enough money to Finland
before she left. Petitioner wanted to burst in anger but she thought that it will not
change a thing anyway. Eventually, the Petitioner and Respondent moved to his
parents house in Caloocan City sometime in 1996.

9. In July 27, 1997, the Petitioner had their first born. At the beginning of parties
cohabitation, the relationship was doing well with both parties trying to adjust as a

10. Sometime in 1997, the Petitioner and Respondent were granted housing at Pabahay
2000 Muzon , San Jose del Monte Bulacan. Petitioner was able to purchase a place
in the market. It started small but with Petitioners perseverance it flourishes through
years. Petitioner left the care of her eldest daughter to her mother in Sta. Rosa,
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Laguna and she would come visit her twice a week. Meanwhile, Petitioner continued
to support the family of the Respondent and her family especially her grandparents.

11. However the Respondent turned to his volatile self. Once, the mother of the
Respondent and his younger sister were expecting to get Php 20,000 from
umpukan. However they have an impending loan Php 5,000, in which the Petitioner
was the one paying, thus they should not be expecting any more money from
umpukan. Petitioner calmly explained this to the Respondent however the
Respondent still wanted to get money. Petitioner added that she will not afford to pay
another debt given that she still paying for all for this vegetable. And when he was
not finished, he took his pointed knife and acted upon killing her. Petitioner was sore
afraid for her safety. Since then, Petitioner would usually standards. Worst of all,
even in presence of other vendors and customers, he would cuss against the
Petitioner. Meanwhile, the Petitioner could not do so much that to cry in frustration
and pain.

12. This coincides with the gradual downfall of their business. The Petitioner started to
have some depts. To different individuals just to save the business and for the
support for her family and Respondents family. Meanwhile, the Respondents
remained indifferent to her. He never helped her in finding ways to save the

13. That time, their eldest daughter just turned five (5) and shes going to school. Her
mother then told the Petitioner about marrying the Respondent for their daughters
sake. The Petitioner was quick to turn down any suggestion of marriage given the
miserable life she has experience with the Respondent. If there was any consolation
for the Petitioner, the Respondent was not haughty only towards her. He was
purportedly snappish towards other people as well. Not even their neighbors could
be spared from gleaning his rough side. The said figures could not help but brood
over his generally apathetic attitudes and haughty displays. Most of the time, the
Respondents would turn the volume up his speakers without being mindful of his

14. However, with no other goal but the interest of their daughter, Petitioner eventually
accedes with marriage. Thus on February 12, 2002, the Petitioner and Respondent
exchanged their In Dos in civil wedding held in Pasay City.

15. Petitioner wanted so much to believe that marriage would intrinsically motivate the
Respondent to change, but much to her dismay the exact antipathy evinced soon
enough. Keep everything astride as she did, there was no flood gate for the
Respondents volatile temperament. Petitioner thought that having another child
might change the Respondent for the better. Hence on May 20, 2005, she gave birth
to their youngest child.
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16. On one instance, the Petitioner was surprised when a group of Police and
MERALCO personnel stormed into her house and inspected their electricity. The
following week, the Petitioner asked the Respondent if they are connected to
MERALCO illegally but the Respondent assured her positively. Few days after,
Police and MERALCO personnel returned to their home and Petitioner almost got
into an altercation with MERALCO personnel because she was reiterating that they
are legally connected to MERALCO, believing the words of the Respondent. But she
almost ate her words when the MERALCO personnel presented in front of her
evidence that the Respondent actually tapped illegally to MERALCO. They were
fined to almost Php 13,000.

17. The Respondent would crass for the slightest of reason and would resort to
physically vehemence. Once occasion, their daughter innocently used the perfume
of the Respondent that made him furious. He threw his daughter on bed and started
by punching her all over the body then slashed her with foul invectives. His daughter
cried pain while asking to stop but to not avail. And when Petitioner came home, she
found her daughter crying in pain while hugging her knees in the corner. She
confronted the Respondent but he reiterates that he was mad because his daughter
used his perfume.

18. The Respondent was not only a threat to Petitioner and her children but to the
community as well. Sometime in 2001, the Respondent was drinking binging with
friends in Pasay Liberated Market, when all of a sudden he went amok. The Police
officer arrested him for being a threat to the Public. He was detained but their friend
Mario came to bail him out. Meanwhile, the Petitioner asked the Respondent to show
gratitude to Mario for his generously but Respondent replied, bakit ako
magpapasalamat? Di ko naman hiningi tulong niya (referring to Mario) siya ang
kusang tumulong. Respondent added that he is sure that his friends would help him
if Mario did not come. But in fact, his Friends left him when the Police arrived.

19. Furthermore, the Respondents propensity to drink binges got worse as time goes by.
Once, Respondent went to a drinking session with his barkadas at his parents
residence. He came home and he was deeply intoxicated liquor. Respondent taunted
the Petitioner in a fist fight but the Petitioner remained cool and even assisted him for
he could barely walk. And when he could not encourage her in a fight, he suggested
saksakan na lang tayo. It was then when Petitioner knew something bad will
happen. The Respondent started behaving uncontrollably. He held their dog
slammed the head on the gate. Thereafter, he took a knife in the kitchen and was
looking for Petitioner.

20. Meanwhile, the Petitioners immediately took her children outside the house and hide
her children to a relative. Petitioner then decided to call the attention of Respondents
relatives with a hope of claiming him down. But on her way, she bumped into a
neighbor and said to he that the Respondent has been behaving dangerously with a
knife on both hands and two of their neighbors were already injured. And when
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Petitioner arrived home, she found the Respondent being held down by Police
officers and they were taking him to jail. But not too long, the nephew of the
Respondent, who is also a Police officer, came and said that he will talk to his incle,
the Respondent, and there is no need for an arrest.

21. Because of the frequent drink binges of the Respondent, he started to become
irresponsible in attending to the needs of the family. Despite that he was earning
meagerly, he would even use it in buying liquor for his friends. On the other hand, the
Petitioner still purposed in her heart to responsibly provides the needs of the family.
She tried applying for a work abroad however it did not prospered. But she did not
falter. Petitioner entered various moonlightings to augment their income. In addition
to that, the Petitioner still has in her inner self the desire to finish high school. So she
enrolled herself in the Alternative Learning System to finish high school. Despite that
she was going to school, she makes sure that shes not compromising her
responsibilities to her family.

22. The Respondent was not only aggressive and irresponsible he also lacks genuine
guilt over his action. Once, their eldest daughter failed to give what he wanted. He
got mad and slammed his daughter onto the wall. And when he was not finished, he
took her daughter by the hair smashed he head on the wall. Petitioner immediately
intervened when the Respondent took a hammer and threatened to hit her
daughters head with it. The Petitioner was crying seeing the misery and pain of her
daughter. Meanwhile, the Respondent returned to watching television and was
laughing at every joke.

23. Since Respondent started working as a Barangay Tanod in Pasay City, he rarely
comes home. Worst, Petitioner found out his illegal activity. That time, the
Respondents came home after almost a week being gone. She was fixing the things
and found a pack of marijuana in his pockets.

24. One weekend, the Petitioner confronted the Respondent about his failure to
financially support the family. The argument ended up in talks about separation. The
Respondent went to the Barangay hall and challenged the Petitioner to do the same
so that they could legally separate. In fairness, the Barangay officials initially tried to
reconcile the two. The Petitioner was against the separation but the Respondent
wanted it and so she yielded. They signed a document that states they agreed upon
separation and the Respondent has to send Php 500.00 daily to Petitioner and his
two children. And despite their former agreement in the Barangay, the Respondent
still come home at their apartment as if nothing happened.

25. The Respondents aggressiveness and frequent show violent made not only the
people around him always threatened in his presence, but even his own children,
especially the youngest, felt unsafe when with the Respondent. One dinner, their
domestic cat took a piece of their meal and Respondent was so mad. Respondent
took a wooden stick and hit the cat relentlessly and violently. And when he was not
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satisfied, he even threw the cat to the roof. After that, the Respondent returned
inside the house. Meanwhile, Petitioner tried to calm him down because their
children were terrified by him holding a knife but the Respondent said to her, gusto
mo ikaw na lang saksakin ko?

26. The following morning, Petitioner went to report the incident. Since then, their
youngest child became petrified whenever the Respondents are at home. Before, he
would usually go with his father in the market and would sleep beside him but after
the incident, he refrained from going out together with his father and he started
sleeping besides the Petitioner while being tormented daily with anxiety on what
might his father do again.

27. The Petitioner continued to prod the Respondent to send at least Php 500.00 a day.
However to Petitioners great dismay, she found out that Respondent has been
sending financial support to Ma. Carlota or Paete and Aniceto, Laguna. The evidence
made strong when Petitioner went to Palawan express where they claiming the
remittances of the Respondent. Petitioner found on records the different transactions
made the Respondent to Ma. Carlota and Aniceto who reside in Laguna. Petitioner
the Respondent but the Respondent came up with a plethora of excuses. It was final
straw that broke the Camels back for the Petitioner. It finally dawned on her that no
amount of passivity, unconditional regard and superfluous condition could inspire the
Respondent to change. If at all he loves her, it was any but enough to make him
attuned to basic gradients of marriage, much less inspire him to respect the
Petitioner with equal dignity.


WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that a Decision be rendered, ordering as follows:

Declaring the marriage of Petitioner LINA JOY ESTEBAN-RIVERA and Respondent

CRISTOPHER RIVERA solemnized on February 12, 2002 as null and void on the
ground of PSYCHOLIGICAL INCAPACITATION pursuant to Article 36 of the Family Code;

1. Ordering the Civil Registrar of Talisay, Batangas and the National Statistics
Office to record the Decision.

Such other reliefs and remedies found just and equitable in the premises are likewise
prayed for.
City of San Jose Del Monte, Bulacan, for Talisay, Batangas, May 4, 2015.


City of San Jose del Monte, Bulacan
Roll No. 52714
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IBP No. 1040913/1-3-17

PTR No. 1452998/1-3-17
MCLE Compliance V No. 0000433/8-29-13

Copy furnished:

Fernando O. Ornopia Jr.

Ilihan, Tabogon, Cebu

Office of the Solicitor General

#134 Amorsolo St.,
Legaspi Village, Makati City

Office of the Prov. Prosecutor

Malolos City

National Statistics Office

Quezon Avenue, Q.C.

The Local Civil Registrar

Talisay, Batangas


Due to the distance and lack of messenger, copies hereof were served the above-
named parties by registered mails with return cards, the original copies of registry receipts
of which are hereto attached.


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