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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH _____, QUEZON CITY

JESS PAUL D. BENIN,


Petitioner,

- versus - CIVIL CASE NO. _________


FOR: DECLARATION OF NULLITY
OF MARRIAGE
MA. CECILIA R. BONDOC-BENIN,
Respondent.
x----------------------------------x

PETITION

PETITIONER, through counsel, to this Honorable Court, respectfully


states:

1. Petitioner is of legal age, Filipino, married to Ma. Cecilia Bondoc


and residing at No. 34 Tinagan Street, Barangay San Jose, Quezon City,
Metro Manila. Respondent is likewise of legal age, Filipino, residing at
Phase 7C, Package 7, Lot 29, Block 49, Bagong Silang, Caloocan City, Metro
Manila where she may be served with summons and other court processes;

2. Petitioner is now 42 years old. He was born on December 25,


1975. He is Roman Catholic. He finished his secondary education at San
Jose High School, Quezon City. Copies of his certificate of live birth,
certificate of baptism and Form 137 are hereto attached as ANNEXES “A”,
“B” and “C” respectively;

3. Petitioner and respondent came to know each other in the year


1991 when they became classmates at San Jose High School, Quezon City.
They were then 4th year high school students. Later, they became
sweethearts;

4. In October 1992, petitioner and respondent started living together


as husband and wife;

5. On September 10, 1993, when petitioner was only 17 years, 8


months and 15 days old, petitioner and respondent got married in Manila.
A copy of their marriage contract is hereto attached as ANNEX “D”;
Page two
6. The union between petitioner and respondent was blessed with
two daughters, named Marheyjef Daucel B. Benin who was born on June
15, 1993 and Marhey Jasmine B. Benin who was born on June 28 1997.
Copies of their certificates of live birth are hereto attached as ANNEXES “E”
and “F”;
7. Due to personal differences and constant bickering, petitioner and
respondent separated and lived independently from each other. It was
their agreement that petitioner will give financial support to his daughters
and that he will have visitation rights towards them and on special
occasions, bring them home with him;

8. Petitioner diligently complied with his obligation to support his


daughters and had been visiting them regularly until the time when
respondent refused to accept financial support and refused to allow
petitioner to see and visit his daughters;

9. Petitioner and his mother, Purita Benin exerted diligent efforts to


make respondent change her mind and allow petitioner to see and visit his
daughters but said efforts failed. Respondent adamantly refused to accept
further financial support for their daughters and refused to let petitioner
see them;

10. Later, respondent changed her residence without informing


petitioner of her and her daughters’ whereabouts. Petitioner continuously
looked for them and it was only in the year 2009 when petitioner found
them;

11. Petitioner learned that on January 17, 2009, respondent married


Diomedes Odtohan Ramos. A copy of their marriage contract is hereto
attached as ANNEX “G” and a copy of the Advisory on Marriages issued by
the Phiippine Statistics Authority is hereto attached as ANNEX “H”.

12. It is submitted that based upon the fact that petitioner was only
17 years, 8 month and 15 days old when he contracted marriage with the
respondent, the marriage between petitioner and respondent should be
declared null and void from the beginning.

13. Petitioner and respondent were not able to acquire any property;

12. That the best interest of the parties will be better served if
petitioner’s marriage with respondent will be declared null and void.
Page three

WHEREFORE, it is most respectfully prayed of this Honorable Court


that the marriage between petitioner and respondent be declared null and
void.

Petitioner further prays for such other relief and remedies just and
equitable under the premises.

Valenzuela City,___________________

ATTY. WILLIAM N. REYES


Counsel for the petitioner
27 Little Baguio Street,
Marulas, Valenzuela City
Roll No. 47608
PTR No. _______ – January 3, 2017
IBP No. _________ CALMANA Jan. 3, 2017
MCLE Compliance No. V - 0016771
March 2, 2016
TIN: 111-866-028
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, JESS PAUL D. BENIN of legal age, Filipino, married to Cecilia


Bondoc and presently residing at Block 1, lot 14-B Agoo Street, New Haven
Village, Brgy. Kaligayahan, Novaliches, Quezon City residing at No. , do
hereby depose and state under oath:

That I am the petitioner in the above entitled case;

That I have caused the preparation and filing of this petition;

That I have read and understood the contents of said petition and
that all the allegations contained therein are true and correct of my
personal belief and knowledge;

That I have not heretofore commenced any other action involving


the same issue in the Supreme Court, the Court of Appeals or any other
tribunals or agency involving the same cause of action;

That to the best of my knowledge no such action or proceedings are


pending in the Supreme Court, the Court of Appeals or different divisions
thereof, or any other tribunals or agency involving the same cause of
action;
That if I should then learn the same, I undertake to promptly inform
the aforesaid and/or other Court of Tribunal or agency of the fact within
five (5) days therefrom.

IN WITNESS WHEREOF, I hereunto voluntarily affix my signature this


______________________ at Valenzuela City.

JESS PAUL D. BENIN


Affiant

SUBSCRIBED AND SWORN to before me this ___________ at Valenzuela City ,


Jess Paul D. Benin presented to me his Driver’s License No. N04-97-385241 , a valid
proof of identity with his name, picture and signature thereon.

Notary Public

Doc. No. ______


Page No. _____
Book No. _____
Series of 2018
Things to do:

1. SECURE CERTIFIED COPY OF BAPTISMAL CERTIFICATE OF


JESS PAUL BENIN;
2. SECURE CERTIFIED COPY OF FORM 137 OF JESS PAUL BENIN;
SECURE CERTIFIED COPY OF MARRIAGE CONTRACT BETWEEN
CCECILIA BONDOC AND DIOMEDES ODTOHAN RAMOS.