Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch _____
Pasay City

Gail Montero, CIVIL CASE NO. _______

Petitioner
-versus FOR:

Calixto Montero, DECLARATION OF NULLITY

Respondent, OF MARRIAGE
x-------------------------------------------x

PETITION

WITH ALL DUE RESPECT.

Petitioner, by counsel, to this Honorable Court, respectfully states:
1. Petitioner, GAIL MONTERO, is of legal age, Filipino citizen and a resident of
Poblacion, Makati, where she may be served with summons and other court
processes;
2. The Respondent CALIXTO MONTERO, is likewise of legal age, Filipino
citizen, and a resident of Cypress, Forbes, Makati City, where he may be served
with summons and other court processes;
3. Petitioner and Respondent (referred as herein as Parties) entered into a contract of
marriage on June 30, 2012. A copy of their marriage certificate is hereto attached
as Annex “A”;
4. Petitioner and Respondent met sometime in January 2011 at Baguio for a film in
which the respondent is directing. Petitioner was 17 years old aspiring actress.
4.1 During the filming the Respondent made advances to the petitioner disguise as
mentoring and it escalates to more intimate encounters as the respondent made
molests the Petitioner;
4.2 Not long after, Petitioner couldn’t bear what the Respondent done to her and
file a rape case against the Respondent;
4.3 But the case was withdrawn as the Petitioner agree to marry the Respondent
when she turn 18 the following year, due to the influence of her mother which
 give her consent to the Respondent which was attained by force and
intimidation later reveal before her death by Petitioner’s Aunt;
4.4 Even before their marriage, the Petitioner had observed that the Respondent
displayed abusive and psychotic behaviour to the extent that he oftentimes
would slap Petitioner in the face when she didn’t do what he wants. He also
isn’t contended having a wife and always seek for other woman to sleep with.
5. During the marriage, Petitioner tried to make the marriage work and serve the
Respondent as a dutiful wife even when the Respondent had gotten into an
accident that make him incapable to walk, but Respondent had only gotten worst
and would verbally and physically abuse her. He also has an affair with his
therapist.
6. Petitioner, after her husband’s accident, discover that Respondents lied to her, that
respondent was physically incapable of consummating the marriage as
Respondent was impotent from the start and lied about it to the Petitioner. A copy
of a medical certificate is hereto attached as Annex “B”
7. Petitioner also discover that Respondent paid her parents to convince her to agree
to drop the rape case in exchange of marrying her to the Respondent.
8. Psychological evaluation perform by Dr. ______ and Dr. ____ of St. Luke’s
Medical Center, Taguig City, shows that respondent revealed to operate in a very
self-centred manner. His egocentrism made it easy for him to deceitfully use
others in his own convenience. He would do actions without any remorse or guilt
feelings towards the petitioner.
9. These traits reveal his psychological incapacity under Art. 36 of the Family Code
of the Philippines associated with Respondents impotency which render him
physically incapable of consummating the marriage.
10. The psychological make-up of petitioner and respondent is explained in greater
detail in the Clinical Assessment Report (“Report”) dated 28 December 2017, a
copy of which is attached as “ANNEX C”;
11. That the psychological incapacity on the part of the defendant was already
existing and manifest even before the celebration of the marriage, but Petitioner
thought it will disappear during the marriage; however, it subsisted and got even
worse;
12. That said psychological and physical defect or illness is grave, serious and
incurable;
13. Petitioner is filing this petition to declare her marriage a nullity. Respondent
showed no concern for his obligation towards the marriage in violation of Art. 68
of the New Family Code which provides that husband and wife are obliged to live
together, observe mutual love, respect and fidelity and render mutual help and
support. Petitioner is also filing this case under Art. 36 of the same Code as the
respondent is psychologically incapacitated i.e. his lack of effective sense of
rational judgment and responsibility by being psychologically abusive, constant
 lying, infidelity, manipulative and failing to perform his marital duties, and
Article 45, paragraph 3, 4, 5 for the consent obtain by fraud and, and intimidation
and physical dysfunction, i.e. his impotency.
14. That the parties did not acquire any property and there are no known creditors
who will be prejudiced by the declaration of nullity of their marriage should the
Honourable court grants this petition, hereto attached as Certificate of Non-
Property, “Annex F”.

PRAYER

WHEREFORE, it is most respectfully prayed that judgment be rendered

declaring the nullity of the marriage of Petitioner with the Respondent pursuant to Article
36, and the annulment of the same marriage based on Article 45 (5) of the Family Code
of the Philippines.

Other reliefs and equitable under the premises are also prayed for.
August 1, 2018 Makati City, Philippines

LK LAW FIRM
Counsel For Petitioner
Suite 204, Puso ng Baguio
Session Road, Baguio City

BY:
Atty. __________________
IBP: 99434543, 2/17/12, Baguio City
PTR No. 23434, 1/16/12; Baguio City
Roll No. 34534, 4/8/11; Manila
MCLE Compliance No. IV-45546, 7/7/14; Baguio City
Telefax No. (074) 442 -3495-08653, Mobile no. 09394354456

Copy Furnished:
ADK Law Firm
Counsel for Respondent
27th Floor Trafalgar Bldg.
888 H.V. Dela Costa St., Makati City
Tel. No. 800-0001 to 04
Email: firmjek@jeklaw.com.ph

By:

NEIL PATRICK RAPOSON

Roll No. 37489
IBP No. 457133/1-3-2014/Manila
PTR No. 32414131/1-3-2014/Manila

Office of the City Prosecutor (Personal Service)

Justice Hall, Makati City
Office of the Solicitor General (Registered Mail)
134 Amorsolo St. Legaspi Village
1129 Makati City, Metro Manila

EXPLANATION
A copy of the foregoing PETITION was sent through registered mail to the office of the
Solicitor General due to the distance, and manpower constraints.
 VERIFICATION/CERTIFICATION

I, Gail Montero, of legal age, married, Filipino, and a resident of Poblacion,

Makati City, after being duly sworn in accordance with law, depose and state:
1. That I am the petitioner in this case and that I have caused the preparation of
the same petition;
2. That I attest to the truth of all the allegations in the same petition of my own
personal knowledge;
3. That I have read all the contents thereof;
4. That the allegations constrained therein are true and correct of my personal
knowledge
5. That I have not commenced any other action or proceeding involving the same
issues or matter in any court, tribunal or quasi-judicial agency and, to the best
of our knowledge, no such action or processing is pending therein,
6. That if I should thereafter learn that the same or similar action or proceeding
has been filed before the Supreme Court, Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such within five (5) days
therefrom to the court wherein the original pleading and sworn certification
contemplated herein has been filed

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of August
2018 in the City of Baguio.

GAIL MONTERO
Affiant
Social Security System No. 2346375643
Issued in Makati City

SUBSCRIBED AND SWORN to before me this 1st day of August, 2018 at

Makati City, Philippines, by affiant who exhibited competent evidence of identity bearing
his photograph and signature the specifics of which are indicated below his names

Doc. No. ___; ATTY. __________________

Page No. ___; Notary Public until Aug. 2018
Book No.___; PTR No. 2162937/ 5-10-12
Series of 2015. Makati City