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COURT OF APPEALS
MANILA
Mrs. W
Petitioner,
CA GR SP
NO. 100001
RTC Makati
B-00 Appealed Civil Case
No. 00-xx-xxx
---versus---
For: Declaration of Nullity
Of Marriage
Mr. H
Respondent.
x--------------------------------x
THE PARTIES
6. The fifteen (15) day period in which to file a Petition for Review
under Rule 42 shall expire on 10 December 2016 but without
waiting for the said expiry date, we now filed this instant petition.
7. This petition was not filed for delay. It is one which raises
substantial issues and thus, is worthy of consideration, the
Regional Trial Court having rendered the assailed decision in a
way that is not in accord with facts, law and applicable decisions of
the Supreme Court.
PROCEDURAL BACKGROUND
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being a good and loving husband, and thus, made him unable to
perform his marital obligations;
10. That the Regional Trial Court of Makati, Branch 58, dismissed,
on 11 November 2016, the petition 2 for lack of merit, based mainly
on the following grounds:
11. That herein Petitioner avers that her petition should have been
granted; that the screen shots of the personal messages of his
husband with his women chat mates clearly proves his marital
infidelity. Further, petitioner avers that respondent's frequent
drinking and coming home late shows that he has no time and care
for her anymore; and,
12. Hence, this Petition for Review under Rule 42 of the Revised
Rules on Civil Procedure, praying for reconsideration.
SOLE ISSUE
DISCUSSION
3 Civil Code Volume I (Persons and Family relations) - Revised Edition, p. 424
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In a commentary, it was stated that two of the manifestations of
psychological incapacity is habitual alcoholism and marital
infidelity.4
The trial court judge must have based his decision not just on other
precedents, for all relationships are distinct from each other, but
also from the facts of the case at bar.
5 Republic of the Philippines v. Dagdag, G.R. No. 109975, February 9, 2001, 351
SCRA 425, 431.
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PRAYER
Copy furnished:
RTC Branch 58
Makati City
EXPLANATION
A copy of this Petition for Review was served via registered mail
and/or private courier due to time constraints and lack of
messenger to effect personal service.
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I, DENNIE VIEVE DP IDEA, of legal age, after having been duly sworn in
accordance with law, depose and state that:
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Affiant
Doc. No. ;
Page No. ;
Book No. ;
Series of 20__.
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MAKATI
Mrs. W
Petitioner,
Promulgated:
11 November 2016
Mr. H
Respondent.
x-------------------------------------------------------------------------------------------x
DECISION
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should be preserved. That we should always be reminded of the sanctity
of marital union and of the family, and we cannot let petitioners
satisfaction to ruin their marriage.
SO ORDERED.
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