Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 1
Baguio City
JUDITH CARLOS,
Petitioner,
CIVIL CASE NO. 234-1
-versus- For: Declaration of
Nullity
of Marriage
ARNOLD CARLOS,
Respondent.
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PETITION

PETITIONER, by counsel unto this Honorable Court, alleges:

(1) Petitioner is of legal age, Filipino citizen, and with residence at Zamora St., Baguio
City, while her husband respondent Arnold Carlos, is also of legal age, Filipino
citizen, and at present is residing at Corono St., Baguio City.

(2) On June 12, 2000, Petitioner and respondent got married at the Baguio Cathedral,
Baguio City, Philippines solemnized by Rev. Hilario Baggao. The Marriage Certificate
is hereto attached as Annexed “A”.

(3) They lived at Zamora St., Baguio City. During their shared moments, petitioner
noticed that her husband would give any excuse not to have sex with her. For about
one year since their marriage, he never had any sex with her, which was the reason
of their quarrels every time. Such quarrels led her husband to frequently leave the
conjugal home and would return at unholy hour of the night, drunk and immediately
go to sleep.

(4) Petitioner had been convincing her husband to go to a physician for consultation to
know what is bothering him not to perform his moral obligation as husband.
However, the husband refused.

(5) In more than one year of their marriage, respondent did not have any sexual
intercourse with the petitioner, nor even allow her to touch his private parts, nor to
kiss him. To such extent that their lives became so unbearable thus led the petitioner
to file an instant petition for annulment of marriage on the ground of psychological
incapacity of her husband pursuant to Article 36 of the Family Code.

(6) It has been held that the prolonged refusal of a spouse to have sexual intercourse
with the other spouse is a sign of psychological incapacity.

PRAYER
 WHEREFORE, petitioner prays that judgment be rendered, declaring petitioner’s
marriage to respondent as null and void, and for such other relief as may be just and
equitable in the premise.

Baguio City, Philippines, this 2nd day of June 2011.

ATTY. ROXANNE V. PAGLINGAYEN

Counsel for the Petitioner
Room 206 Porta Vaga Building,
Session Road, Baguio City
PTR NO. 46728; 1/4/2011
IBP NO. 42784; 1/ 5/ 2011; Baguio-Benguet
ROLL NO. 43535; 05-04-10
Series No. of Commission 13-NC-11-R

REPUBLIC OF THE PHILIPPINES }

DONE: IN THE CITY OF BAGUIO } S.S.
X ========================== X

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
 I, JUDITH CARLOS, the plaintiff in this case, have caused the preparation of the
petition for annulment of marriage; I have read the material and relevant allegations
therein contained are true and correct of my personal knowledge.

I hereby certify that I have not heretofore commenced any action or filed any claim
involving the same issues before any other court, tribunal or quasi-judicial agency; that to
the best of my knowledge, there is no such pending action or claim and that if I should
hereafter learn that the same or similar action or claim has been filed or is pending, I shall
report such fact within five (5) days there from to the Honorable Court.

IN WITNESS WHEREOF, I have hereunto affix my signature this 2 nd day of June

2011, in the City of Baguio, Philippines.

JUDITH CARLOS
Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this 2 nd day of June
2011 by Judith Carlos, personally known to me, who is the same person who personally
signed before me the foregoing affidavit and acknowledged that she executed the same.

LIYA ORTEGA-RODRIGUEZ
Notary Public
Until December 31, 2012
Doc. No. __83__; PTR No. 050183/Baguio City/01-11-11
Page No. _17__; Roll of Atty. No. 8121983
Book No. I ; IBP Lifetime Membership No. 9031984
Series of 2011. Baguio-Benguet