Professional Documents
Culture Documents
IDENTIFYING INFORMATION
PETITIONER
NAME
AGE
DATE OF BIRTH
PLACE OF BIRTH
RELIGION
CIVIL STATUS
ED. ATTAINMENT
OCCUPATION
ADDRESS
NAME
AGE
DATE OF BIRTH
PLACE OF BIRTH
RELIGION
CIVIL STATUS
ED. ATTAINMENT
OCCUPATION
ADDRESS
PROBLEM PRESENTED
Petitioner and respondent have been married for 13 years but unable to establish
a wedded relationship since respondent had to leave for work abroad and would only
avail of a month long vacation. They spent limited time together during respondent her
stay in the country but shared half of the period with respondents family in Laguna. The
marriage turned bitter when the couple failed to meet the expectations of one another
and their inability to resolve their respective issues that resulted to their permanent
separation hense, the filing of the petition.
RESPONDENT
Bernadette Matienzo Tangi or Badette as respondent is known to friends and
petitioners relative hails in Kalayaan, Laguna. She is 38 years old born on March 24,
1974 and the 3rd of four siblings composed of 3 girls and a boy. The undersigned met
respondent and her father for the first time in their residence at Longos, Kalayaan,
Laguna during the formers homevisit. The undersigned immediately introduced herself
and informed them of the purpose of her visit. Respondent showed annoyance hearing
the purpose of the visit while the father of respondent manifested irritation hearing
petitioners name. The atmosphere was seemingly filled with hostility such that the
intended thorough interview did not materialized but instead was conducted quite briefly
allowing the respondent and the father to air their side and share her piece with regard
the petition. Badette established her refusal to be part of the Court proceeding as she
wanted to move on. She averred that she thought the interview of the psychologist
during the early stage of the proceeding suffice to close the chapter of their lives as
couple. She kept her distance/association with petitioner after losing trust on him which
she refused to elaborate. She is contented with her life without him and now she is
happy with her two children such that she asked her little ones be spared. When asked
how she managed without going back to work, Badette disclosed the father of her
children ages 9 and 12 have been providing for all their needs. She begged not to be
dragged in the case because it is doing her family harm and wanted so asked for an
apology and explained she was only duty bound to conduct her study. She wished her
well and her children as well. Respondents father likewise expressed his
disappointment with petitioner having the nerve to go their place. He was mad at him for
not bring his daughters misery and destroying her peace with his appearance during
the undersigneds visit. The old man did swear that their path must not cross again such
that the place with so much tension. The undersigned had to make an apology for
having caused them discomfort.
MARITAL RELATIONSHIP
Allan and Badette met in the workplace at Saisaki during the first quarter of 1997.
He was a contractual while she was already a regular employee. They became
acquainted and together with close co-employees They go out more frequently.
Petitioner recounted that on September 27, 1997 they became boyfriend/girlfriends. It
was also during this period when Allans work application for Dubai was granted but
opted to stay because, he was very much high on his relationship with respondent.
However, it was quite late when he learned of Bernadettes pending application for work
also in Dubai.
Bernadette and Allan met in Saisaki restaurant where both were employed as
regular and contractual respectively. They belong to a group in the office and they go
out quite often. Their constant meeting developed their fascination that paved way to
their intimate relationship until they became officially boyfriend and girlfriend in 1998
shortly before Bernadette left for Dubai to work. They agreed that should they remain
steadies during the latter stint abroad, they will get married
Since she gets back. Bernadette availed of her first vacation after a year work in Dubai
Duty Free Shop.
They got married on November 15, 1999 in a civil rite and after a brief
honeymoon, she went back to Dubai but as promised goes home one month every year
to have their private moments. Accordingly the marriage was kept secret from her family
initially such that when she comes home, her month long vacation was split into two to
enable Bernadette to spend time with her family in Laguna. During Bernadettes
vacation in February 2002 that was able to gather her strength to tell her parents about
their marriage and that left the latter dumbfounded but eventually accepted them and
allowed them to sleep together such that things went smooth thereafter.
Allan was able to find an employment after being jobless for quite a longtime and
wanted to share the good news and called his wife first. He recounted the pain and his
astonishment hearing a mans voice on the line who introduced himself as respondents
live-in partner in Dubai. She confronted her and in January 2003 instead of receiving an
explanation from his wife a letter telling him to bring her belongings to her parents in
Laguna was received by Allan and out of rage, petitioner opted to sell those and Allan
turned to drugs if only to find temporary relief and he never saw his wife again.
Petitioner and respondent never had a child. The last news he received about
Bernadette was she already have children.
HOME AND ECONOMIC CONDITION
Petitioner is staying in his workplace where a dorm type room for worker is being
provided by the company during weekdays. He joins his brothers in the Cavite on
weekends and holidays currently.
CLEARANCES
Robert Allan Joseph Tangi submitted clearance certificate issued by the National
Bureau of Investigation on June 8, 2012 stated thereto that he has no record on file.
Petitioner likewise presented Clearance certificate issued by the Department of
Justice Office of the City Prosecutor; the Metropolitan Trial Court of Metro Manila Office
of the Clerk of Court and the Regional Trial Court Office of the Clerk of Court all in
Quezon City and showing that there was no criminal complaint filed against him.
CHARACTER REFERENCES
The following persons listed below who have known petitioner for many years,
penned letter of commendation and shared significant information is support to his
petition.
1. Norman Nuguit
- a neighbor and a family friend
B 26 L 7 Rosewood Village saw Allan cope with depression
Niog II, Bacvoor Cavity
and surviving & living life anew
2. Sharika O. Cabalinan
97 Howmart Road,
Balinatwak, Quezon City
Petitioner,
-versus-
x==========================x
DECISION
This is a petition for Declaration of Nullity of Marriage filed by
petitioner Robert Allan Jose M. Tangi against respondent Bernadette M.
Tangi, praying that his marriage with respondent be declared null and void
ab initio pursuant to the provisions of Article 36 of the Family Code of the
Philippines.
THE FACTUAL BACKGROUND
The instant petition was filed on January 15, 2010 and was initially
raffled to Branch 225, Quezon City on January 18, 2010.
Petitioner
is a Filipino Citizen and
residing at No. 57 Howmart Road, Baesa, Quezon City, Metro Manila while
respondent Bernadette M. tangi is likewise a Filipino Citizen, residing at
Road 1, Highway, Longos, Kalayaan, Laguna.
On February 12, 2010, Branch 225 issued an Order for the service of
summons and a copy of the petition. Summons was accordingly issued and
served to respondent as per Officers Return of Summons filed by Mr.
Arnel P. Dela Cruz, process Server of RTC OCC Santa Cruz, Laguna stating
therein that the original copy of summons was duly served to herein
respondent.
When respondent failed to file any responsive pleading within the
period provided by law, Branch 225 issued an order dated may 26, 2010
directing CP Ray Gilberto Espinosa to conduct and investigation to
Determine whether collusion exists between parties and to submit his report
within thirty (30) days from the receipt thereof. He was likewise directed to
appear for the State and ensure that the avidence presented is not fabricated
or suppressed.
On September 15, 2010, ACP Ray Gilberto J. Espinosa filed a
Collusion Report statingthat he conducted collusion investigation on
August 13 and 27, 2010 and found no cogent reason to believe that there is
collusion between the parties. He further recommended that the cease be included in
the courts calendar for trial.
Thus, pursuant to Section 9 (3) of A.M. No. 02-11-10-SC, the case
was set for Pre-trial Conference on November 19, 2010 at exactly 8:30 in the
morning. On said date, however, the public prosecutor was indisposed.
Thus, case was reset again to February 11, 2011 at 2:00 oclock in the
afternoon. The case was further reset to May 27, 2011 at 2:00 oclock in the
afternoon because there was no return yet on the notice sent to parties. On
said date, however, case was ordered reset to August 12, 2011 at 2:00 p.m.
considering that the Presiding Judge was attending a seminar.
On November 28, 2011, an Order was issued by Hon. Maria Elisa
Sempio Diy stating that RTC Branch 225 was converted into a regular court
pursuant to A.M. No. 04-8-456 RTC dated October 4, 2011. Thus case was
forwarded to the Office of the Clerk of Court and eventually re-raffled to this court.
During the pre-trial conference, petitioner caused the marking of
several documents to prove his case. Petitioner will present himself, the
Social Worker and an expert witness while the government reserved the
presentation of witnesses during the course of trial. The issue to be
resolved is whether or not the marriage of petitioner and respondent should
be declared void ab initio on the ground that respondent is psychologically
incapacitated to comply with her essential marital obligations.
THE PETITIONERS EVIDENCE
,36 years old, married and
A resident of No. 57 Howmart Road, Baesa, Quezon City, is the petitioner in
this case.
Petitioner met respondent sometime in 1997 at Triple V (Saisaki)
Restaurant located at 4th floor, Mega Mall Building, EDSA, Quezon City
where they were both working. Petitioner was a mere contractual employee
while respondent was then regular.
xxx
Conclusions and Recommendations:
Right at the start, the marriage beteen subject
Was DOOMED TOFAIL. It was
a marriage only in paper as subject has remained alone after the wedding and
his wife did not change her civil status and chose to retain her maiden name.
They are only married when doing the sexual act in bed and afterwards, they
become two separate people indulging in their own activities. There WAS
NEVER A UNION OF MIND AND HEARTS WHICH MARRIAGE OF
LOVE IS ALL ABOUT. Allan being DEPENDENT, has been subordinating
his own needs to those of Bernadette as it was she who decided when and
how they should get married. He was afraid of being blamed for anything.
Bernadette for herself is so narcissistic and antisocial that just as it was in her
own family; her needs and wants come first. While outwardly, she supported
Allans needs when the latter become jobless, she saw to it that her own needs
are fulfilled by cohabiting with another. WORSE, she has made people
believe that Allan was guilty of squandering her money when in reality, she
has used her resources in giving birth to her daughter and son. Instead of
trying to resolve their conflicts, THEY HAVE GONE THEIR OWN
SEPARATE WAYS. They have BOTH FAILED TO FULFILL THE
ESSENTIAL OBLIGATIONS OF MARRIAGE such as love, trust, respect,
emotion and spiritual support, fidelity and commitment. Allan, in his
inadequacy simply turned away from his wife instead of communicating.
Bernadette, on the other hand has chosen to live with another man telling lies
here and there and to avoid blame consequently making another people suffer
for her mistakes. HER NARCISSISTICE PERSONALITY DISORDER with
underlying antisocial traits is SO GRAVE AND DEEPLY ROOTED that it is
denies having any part in what has happened. Thus, it is hereby PRAYED
THAT ANNULMENT BE GRANTED TO SUBJECT PETITIONER to give
him a chance to pick-up the pieces, move on and rebuild a new life for
himself.
The third witness for the petitioner is
of legal age, married and Court Social Worker assigned
Exhibit for the petitioner.
She confirmed that she went to the house of respondent in Laguna and
was able to meet the latter, along with respondents father. The respondent
expressed her annoyance when she informed her of the purpose of her visit.
Respondent told her that she does not want to be dragged further on
petitioners case and that she thought that the initial interview conducted by
the psychologist on her was enough.
Respondent now have two children with other man and do notwish to
be involved with petitioners life ever again. Meanwhile, respondents father
blamed petitioner for the misery of her daughter.
The interview was cut short by herein witness because of the hostile
Attitude of respondent and her father towards her who even held a bolo at
that time.
After the presentation of witnesses, the petitioners counsel filed his
Formal offer of documentary evidence, to wit:
Exhibit A
Exhibit A-1
Exhibit A-2
Exhibit B
Exhibit C
Exhibit C-1
Exhibit D
Exhibit E
Exhibit E-1
Exhibit F
Exhibit F-1
ISSUE
Whether or not the marriage of petitioner and respondent should be
declared avoid ab ignition on the ground that respondent is psychologically
incapacitated to comply with her marital obligation.
THE COURTS RULING
Article 36 of the Family Code, as amended, provides:
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such
Iincapacity becomes manifest only after its solemnization.
BERNADETTE M. TANGI,
Respondent.
x -------------------------------------x
JUDICIAL AFFIDAVIT
I, BELEN ADORA V. SUMAGUE, 60 years old, Filipino,
married and with office and postal address at 31 I Monte de Piedad Street,
Cubao, Quezon City, after having been duly sworn in accordance with the
law hereby depose and state:
Atty. Melvin Arquillo : We are offering the testimony of Mrs. Belen Adora
V. Sumague to prove the following:
a) That she is a Clinical Psychologis and Guidance
Counselor of Ample Professional Evaluation
Center engaged in the psychological evaluation of
patients and employees of companies referred to
their office for psychological test, evaluation and
interpretation thereof, personality assessment and
recommendation;
b) She will testify that she has interviewed and
conducted a battery of psychological tests to the
person of Robert Allan Joseph Muniz Tangi
regarding his mental ability and personality
assessment and likewise evaluated the personality
Doc. No ______;
Page No. _____;
Book No. _____;
Series of 2014.
Copy furnished:
The City Prosecutor
Quezon City
The Office of the Solicitor General
134 Amorsolo Street, Legaspi Village
Quezon City
Ms. Minerva L. Amores
San Francisco, Magarao
Camarines Sur