REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7TH JUDICIAL REGION
BRANCH __
CEBU CITY

IN THE MATTER OF THE

SETTLEMENT OF THE INTESTATE
ESTATE OF JACOB PERALTA
AND THE ISSUANCE OF THE LETTER
OF THE ADMINISTRATION

SP. PROC. NO. ______

CHARLES BOYLE
Petitioner,

x------------------------------------------x

PETITION

COMES NOW, the Petitioner, by counsel and to this Honorable Court,

most respectfully alleges:

1. Petitioner is of legal age, Filipino, married and with residence address

at Sanciangko St., Brgy. Kalubihan, Cebu City. He is one of the principal
creditors of the deceased.

2. On September 10, 2018, JACOB PERALTA died without leaving any

will. At the time of his death, he was a resident of Pelaez St., Brgy. Sto.
Niño, Cebu City.

3. The deceased was survived by the following compulsory heirs,

namely: AMY SANTIAGO PERALTA, surviving spouse and legitimate
children ROSA PERALTA-DIAZ and GINA PERALTA-LINETTI, all of
the legal age and residents of Pelaez St., Brgy. Sto. Niño, Cebu City.

4. The deceased left several properties at the time of his death consisting
primarily of real estate properties in Cebu City with a total market value of
six million (₱6,000,000.00) pesos and assessed value of the four million
(₱4,000,000.00) pesos.

5. The deceased also left several obligations and personal debts at the
time of his death, which needed to be settled before the estate is finally
distributed to the heirs. Part of his debt include various mortgage loans
annotated in the titles and sum of two million (₱2,000,000.00) pesos, which
the deceased owed the petitioner as of 5 October 2015, as deceased by the
statement of account prepared by the accountant of the deceased hereto
attached as Annex “A”and forms an integral part of this petition.

6. To finally settle the estate of the deceased, petitioner, being one of the
principal creditors of the deceased, would like to seek for the issuance by
this Honorable Court of Letters of Administration in order to make a full
inventory and accounting of his estate, administer such estate, and settle any
or all claims for and against such estate during the pendency of the estate
proceeding prior to the distribution of the net estate to the compulsory heirs
in view of the apparent neglect and/or continuing refusal of the heirs to settle
such estate to the great damage and prejudice of the creditors like herein
petitioner. A copy of the demand letter sent by petitioner, through counsel, to
the heirs of the deceased is hereto attached as Annex “B” and forms an
integral part of this petition.

7. Petitioner is not aware of any judicial proceeding commenced by the

heirs or by the other interest parties to settle the estate of the deceased since
the death of JACOB PERALTA on September 10, 2018. Petitioner, as
creditor, may therefore, be appointed as an administrator if the estate. Sec. 6,
Rule 78 of the Rules of the Court provides: “If no executor is named in the
will, or the executor or executors are incompetent, refuse the trust or fail to
give bond, or a person dies intestate, administration shall be granted:

(a) To the surviving husband or wife, as the case may be or

next of kin, or the person selected by them, or both, in the
discretion of the court, or to such person as such surviving
husband or wife, or next of kin, requests to have appointed, if
competent and willing to serve.

(b) If such surviving husband or wife, as the case may be or

next of kin, or the person selected by them, be incompetent or
unwilling, or if the husband or widow, or next of kin, neglects
for thirty (30) days after death if the person to apply for
administration or to request that administration be granted to
some other person, it may be granted to one or more of the
principal creditors, if competent and willing to serve x x x”
(emphasis ours)

8. Petitioner has none of the disqualifications under Section 1, Rule 78

of the Rules of the Court, as amended.

9. Petitioner is thus qualified under the law, and is competent and

willing to assume such solemn duty of the administering the estate of the
deceased, whom he considers as his best friend and brother anyway during
his life time. And for this purpose, petitioner is willing to post a bond that
may be fixed by this Honorable Court conditioned upon the circumstances
enumerated under Section 1, Rule 81 of the Rules of Court, as amended.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of the

Honorable Court, that after due notice, settlement and partition of the
intestate estate of JACOB PERALTA for the benefit of all the compulsory
heirs be rendered by this Court in accordance with law.

Petitioner prays for such other reliefs just and equitable in the premises.

22 February 2019, Cebu City, Philippines.

MIRA HYACINTH S. ALTAR

Counsel for Petitioner
Roll of Attorney’s No. ______
IBP No. ______, Cebu, January 07, 2019
PTR No. ______, Cebu City, January 07, 2019
MCLE V Compliance No. _____
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7TH JUDICIAL REGION
BRANCH __
CEBU CITY

PETITION FOR THE PROBATE

OF THE LAST WILL AND TESTAMENT
AND SETTLEMENT OF THE ESTATE
OF THE LATE STEFAN SALVATORE

Spec. Pro. Case No. _____

DAMON SALVATORE
Petitioner,

x-----------------------------x

PETITION

COMES NOW, the Petitioner, DAMON SALVATORE, through the

undersigned counsel and unto this Honorable Court most respectfully avers:

1. That the Petitioner is of legal age, married, Filipino and resident of

Sanciangko St., Brgy. Kalubihan, Cebu City, where he can be served with
summons and other processes of this Honorable Court;

2. That Petitioner is the brother and the executor named in the last will and
testament of STEFAN SALVATORE, deceased, who died in Cebu City on
October 31, 2018. Hereto attached and marked as Annex “A” of this petition
is the death certificate;

3. That said STEFAN SALVATORE executed and left said last will and
testament in accordance with the formalities of the Republic of the
Philippines. Said last will and testament (photocopy only) dated November
26, 2016 is hereto attached as Annex “B” and made integral part of this
petition, the original thereof to be presented to this Honorable Court at the
time of the probate;

4. That the subscribing witnesses to said will are: BONNIE BENNETT, of

legal age, single, Filipino, and a resident of Room 214, ABC Condominium,
Escario St., Cebu City; ALARIC SALTZMAN, of legal age, married,
Filipino, and a resident of Phase 1, Block 2, Lot 3, Mystic Falls Subdivision,
Cebu City; and MATT DONOVAN, of legal age, single, Filipino, and a
resident of Urgello St., Sambag II, Cebu City;
5. That the decedent is an inhabitant of the Republic of the Philippines and a
resident of Pelaez St., Brgy. Sto. Niño, Cebu City at the time of his death;

6. That the Petitioner, DAMON SALVATORE, named in the will as

executor thereof, be allowed to serve without the required bond and that
Petitioner is legally qualifies, competent, willing and ready to accept the
appointment as Executor of the last will and testament and hereby signifies
is willingness to serve and discharge his duties and responsibilities as such;

7. That the properties left by the decedent consists of real and personal
property estimated to have the gross value of Fifty Million Pesos (Php
50,000,000.00) more or less;

8. That the testator, at the time of the execution of the said will, was 60
years old, of sound and disposing mind, and not acting under duress, fraud,
or undue influence, and was in every respect capacitated to dispose of his
estate by will;

9. That the decedent STEFAN SALVATORE was survived by CAROLINE

FORBES-SALVATORE, surviving spouse, of legal age, Filipino, and a
resident of Pelaez St., Brgy. Sto. Niño, Cebu City where she can be served
notices.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed upon this

Honorable Court that judgment be rendered declaring:

1. That, upon proper notice, publication and hearing, the abovementioned

will of the deceased STEFAN SALVATORE be approved, allowed and
admitted to probate;

2. That letters testamentary (or of administration) be issued to herein

Petitioner, without bond; and

3. That such other reliefs be granted as shall be deemed just and equitable in
the premises.

22 February 2019, Cebu City, Philippines.

MIRA HYACINTH S. ALTAR

Counsel for Petitioner
Roll of Attorney’s No. ______
IBP No. ______, Cebu, January 07, 2019
PTR No. ______, Cebu City, January 07, 2019
MCLE V Compliance No. _____
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7TH JUDICIAL REGION
BRANCH __
CEBU CITY

IN THE MATTER OF THE PETITION

OF SERENA VAN DER WOODSEN
FOR ADMISSION TO THE
PHILIPPINE CITIZENSHIP

NATURALIZATION
CASE NO. ________

SERENA VAN DER WOODSEN,

Petitioner

x -------------------------------------- x

PETITION FOR NATURALIZATION

PETITIONER, by the undersigned counsel, unto this Honorable Court,

respectfully avers that:

1. Petitioner made a DECLARATION of her bona fide intention to

become a citizen of the Republic of the Philippines and filed the same with
the Office of the Solicitor General on November 26, 2018;

2. Petitioner’s full name is SERENA VAN DER WOODSEN, single,

and presently residing at Room 214, ABC Residences, Pelaez St., Cebu City;

A. Petitioner is an American national and a subject of the United

States of America, 28 years old at the time of filling of this petition,
being born on August 22, 1980 in New York City, USA. Standing
five feet, 8 inches (5’8) in height, one hundred (100) pounds in
weight, eyes are light brown and hair is blonde in color with white
complexion;

B. Petitioner’s parents are LILY VAN DER WOODSEN and

WILLIAM VAN DER WOODSEN;

C. Petitioner resided and continue to reside in the Republic of the

Philippines since 2004 in Pelaez St., Cebu City, Cebu, Philippines,
until present, hence, she has been residing in the Philippines for more
than five (5) years now;
 D. Her last foreign address/residence was at The Van der Woodsen
penthouse, located at 300 East, 55th St., New York City. She came to
the Philippines on December 18, 2003, thru the Ninoy Aquino
International Airport.

3. Petitioner is a bona fide holder of Alien Certificate of Registration No.

E123456 and Immigrant Certificate of Registration No. 12345678, both
issued by the Bureau of Immigration on June 15, 2004, respectively.

4. Petitioner is able to speak and write English, Filipino, Cebuano;

5. Petitioner is presently and gainfully doing business in Cebu City

being the proprietor of a dress shop as such pays her taxes accordingly;

6. Petitioner believes in the principle underlying the Philippine

Constitution. She is of good moral character and has conducted herself in a
proper and irreproachable manner during the entire period of her residence
in the Philippines, in her relations with the constituted Government as well
as the community in which she is living. She has mingled socially with
Filipinos and has a sincere desire to learn and embrace the customs,
traditions and ideals of the Filipinos. She has all the qualifications under
Section 4 of Commonwealth Act No. 473 and none of the disqualifications
to become a Filipino Citizen.

She is not opposed to organized government or affiliated with any

association or group of persons who uphold and teach doctrines opposing all
organized governments. She is not defending or teaching the necessity or
propriety of violence, personal assault or assassination for the success or
predominance of men’s ideas. She is not a polygamist nor a believer in the
practice of polygamy. She is not suffering from any incurable and
contagious disease. The nation from which she a citizen or subject is not at
war with the Philippines.

It is her intention in good faith to become a citizen of the Philippines and

renounce absolutely and forever all allegiance and fidelity to any foreign
prince, potentate or sovereignty, and particularly to the people of USA at
which of this time she is a citizen. She will reside continuously in the
Philippines from the date of the filling of this petition up to the time of her
admission to the Philippine citizenship.

7. She has not heretofore filed any petition for any citizenship in any
other country;

8. BLAIR WALDORF, of legal age, married and a resident of Brgy.

Kalubihan, Cebu City and JENNY HUMPHREY, of legal age, single, and a
resident of Brgy. Kalubihan, who are credible Filipino citizens, will appear
and testify as her witnesses at the hearing of the petition; and
 9. Attached hereto and made integral parts of this petition are:

A. DECLERATION OF INTENTION TO BECOME A FILIPINO

CITIZEN as Annex “A”
B. 2x2 signed photograph of Petitioner, as Annex “B”;
C. CERTIFICATE OF ARRIVAL as Annex “C”;
D. ALIEN CERTIFICATE OF REGISTRATION (NO. E123456) as
Annex “D”;
E. IMMIGRANT CERTIFICATE OF RESIDENCE (ICR) as Annex
“E”;
F. JOINT AFFIDAVIT OF WITNESSES as Annex “F”

WHEREFORE, it is respectfully prayed of Honorable Court that after due

hearing, the petitioner be admitted as a citizen of the Philippines.

22 February 2019, Cebu City, Philippines.

SERENA VAN DER WOODSEN

Petitioner

MIRA HYACINTH S. ALTAR

Counsel for Petitioner
Roll of Attorney’s No. ______
IBP No. ______, Cebu, January 07, 2019
PTR No. ______, Cebu City, January 07, 2019
MCLE V Compliance No. _____
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7TH JUDICIAL REGION
BRANCH __
CEBU CITY

IN THE MATTER OF THE PETITION

FOR THE DECLARATION OF PRESUMPTIVE
DEATH OF ROSS GELLER

SP. PROC. CASE NO.______

RACHEL GREENE GELLER

Petitioner,

-vs-

LOCAL CIVIL REGISTRAR (Muntinlupa City)

And the CIVIL REGISTRAR GENERAL of the
NATIONAL STATISTICS OFFICE

Respondents.
x------------------------------------------------------x

PETITION

PETITIONER, by the undersigned counsel, unto this Honorable Court,

respectfully avers that:

1. Petitioner is of legal age, married, Filipino and a resident of Brgy.

Kamagayan, Cebu City. The subject of this petition, her husband, also of
legal age, Filipino was last known to have resided in Alabang, Muntinlupa
City, Philippines, prior to his trip to Germany. Petitioner may be served with
summons and other court processes at her address;

2. Respondents are herein impleaded being the offices tasked under the law
to record entries concerning citizens of the Republic of the Philippines. They
may be served with summons at their address in Muntinlipa City and Manila,
Philippines;

3. Petitioner and her absent husband were married on July 21, 2004 at the
Basilica Minore del Sto. Niño de Cebu, Cebu City. Machine copy of their
certificate of marriage is herein attached and marked as Annex “A”;

4. Prior to their marriage, Petitioner and her absent husband were living
together as husband and wife for almost six years;
5. Out of that relationship, Petitioner and her absent spouse has one child
named BEN GELLER, born on April 01, 2001. Machine copy of the
affidavit for Delayed Registration of Birth and Certificate of Life Birth (Late
Registration) are hereto attached and marked as Annexes “B” and “C”
hereof;

6. On July 22, 2004, the day after their marriage, ROSS GELLER went to
Manila to process his documents for working abroad;

7. After processing his travel documents in Manila, ROSS GELLER left

directly to Germany to work without personally saying goodbye to his wife
and son;

8. At first, her husband would communicate with by calling via long

distance and sometimes via mails. As time went on, their communication
became lesser and lesser and very far in between until such time that there
were no more telephone calls or letters;

9. Concerned about her husband’s whereabouts and condition, Petitioner

went to Alabang, Muntinlupa City to seek information from the owner of the
apartment unit last stayed in by her husband before going to Germany, but
nobody can give her positive information. Petitioner wrote letters to her
husband’s known friends, and also called and sent letters to her husband’s
employer in Germany, but she was told that he was not anymore connected
with the company and they did not know where her husband was;

10. Petitioner also went to her brothers and sisters in-laws to inquire as to
the whereabouts and condition of her husband, but they also do not have an
idea on how and where Ross was;

11. After all reasonable and diligent effort to find Ross proved futile, the
brothers and sisters of Ross executed a document in favor of Rachel
releasing and or transferring to Rachel the deposit account of the late ROSS
GELLER maintained with Metropolitan Bank and Trust Company, Alabang
Branch. Machine copy of the document executed by the brothers and sisters
of Ross in favor of Rachel hereto attached and marked as Annex “D”
hereof;

12. Until now, petitioner does not know if her husband is still alive or
otherwise. It has been almost fifteen (15) years since here husband had been
absent. Petitioner has already transferred to Cebu to work in order to support
her needs and the needs of her son, BEN GELLER, who is now about to
graduate from high school;

13. Petitioner prays to the Almighty every day that her husband be alive and
well, even if it would mean that he has found somebody else’s arm to keep
him warm. But she must also move on with her life;
14. While she still have feeling for him, she cannot forever live in
uncertainties and wait forever for him to come back. Just like any other
human, she needs company to be with her especially when she gets older;

15. If only the petitioner have plenty of money, she would have reasonably
and diligently searched where her husband might be including the entire
Germany to look for her husband. But she does not enjoy the luxury of
wealth for that purpose;

16. Petitioner is at least forty seven (47) years of age and she needs a legal
husband that would look after her, if and when she gets older and sick. In
order to have blessings from the Almighty, she wants to have a church
wedding. She cannot, however, enter into a subsequent marriage with
another while she is still legally married to her missing husband;

17. Petitioner is a member of the community of good standing and has no

derogatory record in locality where she resides and is not facing any
criminal or administrative charges.

PRAYER

WHEREFORE, premises considered, petitioner most respectfully prays, if

not beg the kind indulgence of this Honorable Court, that after due notice,
publication and hearing, petitioner’s husband, ROSS GELLER, be declared
presumptively dead so that herein petitioner would be able to remarry.
Petitioner prays that upon approval of this petition, the Local Civil Registrar
of Muntinlupa City and Civil Registrar General of the National Statistics
Office be directed to record and register the said declaration of presumptive
death.

OTHER RELIEF AND REMEDIES which are consistent with the law and
equity under the premises are likewise prayed for.

22 February 2019, Cebu City, Philippines.

MIRA HYACINTH S. ALTAR

Counsel for Petitioner
Roll of Attorney’s No. ______
IBP No. ______, Cebu, January 07, 2019
PTR No. ______, Cebu City, January 07, 2019
MCLE V Compliance No. _____
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7TH JUDICIAL REGION
BRANCH __
CEBU CITY

IN THE MATTER OF THE SP. PROC. NO. _____

PETITION FOR THE HABEAS
CORPUS OF FALLON CARRINGTON FOR ISSUANCE OF A
WRIT OF HABEAS
CORPUS

ALEXIS CARRINGTON,
Petitioner

x------------------------------x

PETITION

PETITIONER, through and by the counsel, unto this Honorable Court, most
respectfully states:

A. That Petitioner, ALEXIS CARRINGTON, is of legal age, Filipino,

married, and a resident of Brgy. Kalubihan, Cebu City, Philippines, where
she may be served with notices, orders or other processes of this Honorable
Court;

B. That FALLON CARRIGNTON -- in whose behalf this petition is

made and filed before this Honorable Court, hereinafter for brevity is
referred to as FALLON, a 6-year old child -- is daughter of the Petitioner,
per Birth Certificate dated November 22, 2013, duly issued by the Office of
the City Registrar of Cebu City, hereto attached and marked as Annex “A”;

C. That on or about the 8th day of December 2018, after the last class of
FALLON in Brgy. Kalubihan Day Care Center, BLAKE CARRINGTON,
the estranged husband of Petitioner, by means of intimidation and threats to
inflict physical harm to the Petitioner, did then and there willfully and
unlawfully take FALLON, against her will, from the rightful custody of the
Petitioner, and since then confined and detained her in the house of BLAKE
CARRINGTON thereby depriving her of the liberty to communicate and
live with the petitioner in her rightful dwelling;

D. That the petitioner has likewise been prohibited by BLAKE

CARRINGTON from seeing and communicating with FALLON;
 E. That on several occasions, when the petitioner insisted in going up to
the house where FALLON has been detained, BLAKE CARRINGTON
would drove the petitioner away while uttering demeaning slurs at her;

F. That on one occasion when petitioner insisted on asserting his right to

see and talk with FALLON, BLAKE CARRINGTON threatened her by
motioning as though striking her with the lead pipe near the gate of the
house where FALLON is being detained;

G. That the main reason why petitioner and her husband has been
estranged and been living separately for almost three (3) years now is the
abusive tendencies of her husband;

H. That petitioner believes that it is in the best interest of their

daughter’s well-being if the latter would continue living with her
considering that she has a stable source of income as a public school teacher
employed by the Department of Education compared to her husband who
does not have a regular job; and

I. That the petitioner’s husband is, in reality, incapable of taking care of

their daughter because of his abusive tendencies and gambling habits, and
that her husband only took FALLON from her to spite her because he heard
that she was contemplating on instituting a case for legal separation.

PRAYER

WHEREFORE, it is most respectfully prayed for by the Petitioner of the

Honorable Court:

1. To issue a WRIT directing a peace officer to take and produce the

body of FALLON CARRINGTON - who is actually detained and deprived
of her liberty in the illegal custody of BLAKE CARRINGTON, in the
latter’s house in Banilad, Mandaue City; and

2. To summon BLAKE CARRINGTON to appear before this Honorable

Court -- to show cause of the detention and restraint of the liberty of
FALLON CARRINGTON, and why she should not be released to the
custody of the petitioner -- without any delay.

22 February 2019, Cebu City, Philippines.

MIRA HYACINTH S. ALTAR

Counsel for Petitioner
Roll of Attorney’s No. ______
IBP No. ______, Cebu, January 07, 2019
PTR No. ______, Cebu City, January 07, 2019
MCLE V Compliance No. _____
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7TH JUDICIAL REGION
BRANCH __,
CEBU CITY

JUANA DELA CRUZ

Petitioner,

-versus- CIVIL CASE No. ______

For: DECLARATION OF
ABSOLUTE NULLITY
OF MARRIAGE

PEDRO DELA CRUZ

Respondent,
x-------------------------------x

PETITION

COMES NOW, PETITIONER through the undersigned counsel, unto

this Honorable Court, most respectfully states, THAT:

1. Petitioner is of legal age, Filipino, married to respondent and

presently residing at Sanciangko St., Brgy. Kalubihan, Cebu City, where
she may be served with orders, notices and other processes of this
Honorable Court;

2. Respondent is of legal age, Filipino, married to petitioner and a

resident of Sanciangko St., Brgy. Kalubihan, Cebu City, where he may
be served with summons, orders, notices and other processes of this
Honorable Court;

3. Petitioner and Respondent entered into a contract of marriage last

April 1, 2014 in Roman Catholic rites at Saint Therese of the Child Jesus
Parish, Lahug, Cebu City with Rev. Fr. Jose del Espiritu Santo as the
solemnizing officer; a machine copy of their Marriage Contract is hereto
attached as Annex “A”;

4. Petitioner and respondent begot one (1) female child who was
born on November 8, 2014 at Chong Hua Hospital, Cebu City, and given
the Christian name, JOANA DELA CRUZ, a copy of the Birth
Certificate is hereto attached and marked as Annex “B”;

5. The property relations between the Petitioner and the Respondent

is absolute community of property though they were not able to acquire
any property during the marriage, hence, there is nothing to be judicially
separated or adjudicated;

ANTECEDENT FACTS AND ALLEGATIONS IN

SUPPORT OF THE DECLERATION
NULLITY OF MARRIAGE:

6. Petitioner and Respondent first met through the social networking

site, Facebook, on February 10, 2012; they have been in constant
communication thru phone for one year; it was only after a year that they
both decided to personally meet;

7. During their phone conversations and meetings, Petitioner had

observed that the Respondent is a dominant person; she just dismissed
her observation because she never had any boyfriend and she was
thinking that men, generally are dominant;

8. Even before the parties decided to meet up in person, Petitioner

had tried to distance herself from the Respondent when she was told by
the Respondent that he broke up with his girlfriend because of her; she
felt that she is to blame for the break up;

9. The Respondent kept calling the Petitioner over the phone but she
would not answer the calls because she was still feeling guilty that she
was to blame for Respondent’s past break up and that made her felt
uneasy;

10. Despite this, the parties agreed to try a relationship even without
courtship; they just decided to try to be in a relationship and after a week
of being a couple, the decided to meet up;

11. Even before they got married, they already had several break ups
but because the Respondent would attempt to commit suicide or do harm
himself if the Petitioner would break up with him, she decided to stay in
that relationship because she did not want to be blamed if ever
something bad will happen to the Respondent;

12. The Respondent only decided to marry the Petitioner after she
got pregnant; Petitioner was not ready to get married, in fact, she did not
want to get married but when she and her family knew that she was
pregnant, she was somehow pressured to get married; being Catholic and
coming from a family of devout Catholics, she did not want to embarrass
her family by being a single mother and be a subject to social ostracism
and ridicule;

13. Respondent likewise was not ready for marriage but somehow
he decided to marry the Petitioner because the parents of the Petitioner
were very nice to him and according to the Respondent, as he often
openly brag, the Petitioner, being a registered medical technologist, was
his investment;

14. After a month from knowledge that the Petitioner was two
months pregnant, the parties got married;

15. Respondent was not able to finish his college education because
he got into drugs and other vices and failed most of his subjects;

16. Even before the Respondent became the boyfriend of the

Petitioner, he had affairs with different women and had a two-year old
son with his former live-in partner; the Petitioner was aware of such fact
but her judgement got the better of her because her mental faculties were
blurred by her devotion to the Respondent;

17. Right after marriage, the real abusive and violent behavior and
character of Respondent slowly manifested;

18. During and right after the celebration of the marriage, the
respondent’s psychological incapacity persisted and subsequently
became more manifest, as among others, the respondent showed
Emotionally Unstable Personality Disorder;

19. At first it was only verbal abuse; that whenever the Petitioner
would disagree with the Respondent, the latter would shout and swear at
her or utter demeaning words and slurs;

20. Not much later, the abuse escalated to threatening the Petitioner
that the Respondent would inflict physical pain on her whenever they
disagree;

21. The first time that the Respondent physically hurt her was when
their daughter was still an 8-month old baby; the Petitioner asked the
Respondent if they could attend the birthday celebration of her cousin in
Talisay City; the Respondent answered that he would be busy that day so
the Petitioner suggested that only her and their baby would go; that was
when the Respondent got angry all of a sudden and grabbed her hair
while uttering slurs at her and slapped her in the face;

22. From then on, the physical abuse became often; to avoid getting
hurt, the Petitioner would choose to stay silent when her husband is not
in a good mood;

23. The physical beatings would happen even if their daughter is

there and would see what was happening;

24. This trauma on their daughter has caused her daughter to alienate
from her father; the Petitioner tried to explain to their daughter that “it is
okay” because it is normal for couples to fight; it was only later that the
Petitioner realized that it was no longer healthy for their daughter to see
her being beaten and to explain to her that it is normal because her
daughter might think that it is indeed normal for couples to fight and
normal for women to be beaten by their partners; with this, she decided
that whenever the Respondent is around, she would just blindly follow
what he wanted, even to the point of doing things that are very
humiliating for a wife to do;

25. Aside from the physical abuse, Respondent also withheld his
salary from the Petitioner; Respondent would also ask the Petitioner to
account for all the expenses, including the petty ones;

26. Lately, Petitioner learned that the Respondent impregnated

another woman;

27. That as it is now, and as it was before and at the time of the
celebration of their marriage, Respondent’s behavioral pattern, which
was existing at the time they entered into marriage but became more
manifest after the solemnization of their marriage, reflects the absences
of the mind, will and heart for the performance of the essential marital
obligations, as set out in Articles 68, 70 and 71 of Executive Order No.
209, otherwise known as the Family Code of the Philippines, amounting
to a severe case of psychological incapacity; the Respondent too is not
capable of performing his duties and obligations to his wife and daughter
as set out in Article 220 of the Family Code; and such psychological
incapacity is grave and incurable’

28. On April 2013 to May 2013, the Petitioner went to see a

Psychologist for two reasons; first because she was deeply troubled and
was, and still is, experiencing trauma and, second, because she wanted to
know if there is a way to get out from the situation that she is into
because the life that she has is literally driving her crazy and is slowly
dragging her to the pulpit of self destruction; a copy of the
Psychologist’s report is hereto attached as Annex “C”;

PSYCHOLOGIST’S DIAGNOSIS and

OPINION ON JUDICIAL ANTECEDENCE,
GRAVITY and INCURABILITY

29. As aptly stated in the Psychologist’s report on his findings, “the

marital and familial relationship became estranged because of the
exaggerated personality patterns of the Respondent-Husband known as
Narcissistic Personality Disorder concurrent with Anti Social
Personality Disorder”;
“Such “Personality Disorder of the Respondent is enduring,
pervasive and long standing; Respondent had failed marriage before
 he met and married the Petitioner. These failed relationships would
indicate that he has a pervasive problem that affects every
relationship that he would go through; Aside from these failed
marital involvement, there are other dimensions that would suggest
that existence of personality disorder even before, and such
Personality Disorder is considered as grave and incurable;

Discussions on the Findings

as stated in the Psychologist’s report

30. According to the Diagnostic and Statistical Manual of Mental

Disorders, 4th Edition, Text Revision, also known as DSM-IV-TR, the
General diagnostic criteria for a personality disorder are the
following;

1. An enduring pattern of inner experience and behavior that

deviates markedly from expectation of the individual’s culture. This
pattern is manifested in two (or more) of the following:

(1) Cognitive (I.e., ways of perceiving and interpreting self,

other people, and events)
(2) Affectivity (e.i., the range, intensity, liability and
appropriateness of emotional response)
(3) Interpersonal functioning
(4) Impulse control

2. The enduring pattern is inflexible (incurable), and pervasive

across a broad range of personal social situations

3. The enduring pattern leads to clinically significant distress or

impairment in the social occupational, or other important areas of
functioning.

4. The pattern is long and stable and of long duration; its onset
can be traced back at least adolescence or nearly adulthood.

5. The enduring pattern is not better accounted for as a

manifestation or consequence of another mental disorder.

6 the enduring pattern is not due to genera medical condition.

31. As for the Respondent, under the General Diagnostic criteria for
personality disorder, he falls on four (4_ of the six situations or
circumstances enumerated, that is: (2) that the enduring pattern is
inflexible (incurable), and pervasive across a broad range of personal ans
social situations ; (3) The enduring pattern leads to clinically significant
distress or impairment in the social occupational, or other important
areas of functioning; (4) the pattern is long and stable and of long
duration; Its onset can be traced back at least to adolescence or early
adulthood; and (6) The enduring pattern is not due to general medical
condition;

32. On the other hand, Narcissistic Personality Disorder is

indicated by three or more of the following:

Category (1): has a grandiose sense of self-importance (e.g.

exaggerates achievements and talents, expects to be recognized as
superior without commensurate achievement);
Category (2): Is preoccupied with fantasies of unlimited success,
power, brilliance, beauty or ideal love;
Category (3): Believes that he or she is “special” and unique and
can only be understood by or should associate with, other special or
high-status people institutions);
Category (4): Requires excessive admiration;
Category (5): Has a sense of entitlement, I.e., unreasonable
expectations of especially favorable treatment or automatic
compliance with his or her expectations;
Category (6): Is interpersonally exploitative, I.e., takes
advantage of others to achieve his or her own ends;
Category (7); Lacks empathy: is unwilling to recognize or
identify with the feelings and needs of others
Category (8): is often envious of others or believes that others
are envious of him or her; and
Category (9): Shows arrogant, haughty behaviors or attitudes

33. Unfortunately, the Respondent’s personality would reveal that he

falls under three (3) of the categories defined as having Narcissistic
Personality Disorder that is: under Category (5): Has a sense of
entitlement, I.e., unreasonable expectations of especially favorable
treatment or automatic compliance with his or her expectations,
Category (6): Is interpersonally exploitative, I.e., takes advantage of
others to achieve his or her own ends, and Category (9); Is
interpersonally exploitative, I.e., takes advantage of others to achieve his
or her own end

34. The Diagnostic and Statistical Manual of Mental Disorder,

fourth edition (DSM IV-TR), defines Antisocial Personality
disorder-ASPD (in Axis II Cluster B) as:

A) There is a pervasive pattern of disregard for and violation of

the right of others occurring since age 15 years, as indicated by three
or more of the following:
 (1. ) Failure to conform to social norms with respect to
lawful behaviors as indicated by repeatedly performing acts that
are grounds for arrest;
(2. ) deception, as indicated by repeatedly lying, using of
aliases, or conning others for personal profit or pleasure;
(3. ) impulsiveness or failure to plan ahead;
(4. ) irritability and aggressiveness, as indicated by repeated
physical fights or assault;
(5. ) reckless disregard for safety or self or others;
(6. ) consistent irresponsibility, as indicated by repeated
failure to sustain consistent work behavior or honor financial
obligation;
(7. ) lack of remorse, as indicated by being indifferent to or
rationalizing having hurt, mistreated, or stolen from another;

B) The individual is at least age 18 years.

C) There is evidence of conduct disorder with onset before age

15 years.
D) The occurrence of antisocial behavior is not exclusively
during the cours of schizophrenia or manic episode.

35. Per Psychologist’s report, the Respondent squarely falls under

the categories numbers (1), (2), (4), (6) and (7) as defined in the above
paragraph; thus it is clear that the Respondent has antisocial personality
disorder;

36. To wrap it up, the Psychologist opined that:

A. JURIDICAL ANTECEDENCE

(1) “Respondent-husband’s personality problem is

enduring, pervasive and long standing. Respondent had failed
marriage before he met and married the petitioner. These failed
relationships would indicate that he has a pervasive problem that
affects every relationship that he would go through. Aside, these
failed marital involvement, there are other dimensions that
would suggest the existence of personality disorder even
before, during the time he cohabitated with the
petitioner-wife. (Emphasis ours).

(2) The psychologist gathered the following facts:

A. Respondent-husband is a drug dependent since his

college years;
 B. He was in a pervasive conflict with his brother whom
he would engage in physical fight ever since they were
young;

C. Not only that, he is vicious even to his own mother

and sister whom he would physically hurt at times;

D. His past girlfriends also shared that they also

experienced physical and verbal abuse from the Respondent
when they were still in a relationship.

B. GRAVITY

1. The Respondent’s personality disorder has not only

affected himself but also the people around him. Respondent
subjected Petitioner to physical and psychological abuse that
Petitioner is now suffering from Post Traumatic Stress
Disorder. Respondent also affected their young daughter, who,
in one way or another has been affected by his abuses. He
also subjected his mother and siblings to physical harm. The
Respondent also affected their economic dimension. He
would spend most their budget for their needs on his drug
addiction and other vices.

2. The Respondent would also treat the Petitioner like a slave,

and would demand large sums from Petitioner’s monthly
salary to support his vices (indicating Narcissistic Personality
Disorder Category No. 5, a sense of entitlement).

C. INCURABILITY

1. Other than pervasiveness that would make the disorder

recurrent and inflexible, the ego syntonic component of the
disorder is also a significant factor for its incurability.
Respondent is comfortable with his situation, because if he is
not, then he would have mend his ways. He even rejected the
suggestion to seek professional help.

2. The psychologist explained that “rarely, however, people

with personality disorders recognize that they have problems
since they would always attribute it to other people.”

37. Per recommendation of the Psychologist and based on his expert

opinion, the Respondent, who is suffering from Narcissistic Personality
Disorder (with Anti-Social Personality Disorder), is psychologically
incapacitated to comply and fulfill the essential obligations in marriage
as stipulated by law, our local customs and traditions; thus
 recommending that the Petition for Declaration of Nullity of Marriage be
granted.

PRAYER

WHEREFORE, it is most respectfully prayed for by the Petitioner of the

Honorable Court:

1. To issue a judgment declaring the marriage between the Petitioner and

the Respondent null and void on the ground of Respondent’s psychological
incapacity as provided for in Art. 36 of the Family Code of the Philippines.

2. That such other reliefs be granted as shall be deemed just and equitable in
the premises.

22 February 2019, Cebu City, Philippines.

MIRA HYACINTH S. ALTAR

Counsel for Petitioner
Roll of Attorney’s No. ______
IBP No. ______, Cebu, January 07, 2019
PTR No. ______, Cebu City, January 07, 2019
MCLE V Compliance No. _____
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7TH JUDICIAL REGION
BRANCH ___
CEBU CITY

IN RE: IN THE MATTER OF

DECLARATION OF HEIRS OF SPS.PROC. CASE No.___
WILMA SANTOS, FOR: DECLARATION
BEA MANZANO, SHAINA MANZANO, HEIRSHIP OF
DANIEL MANZANO, ENRIQUE WILMA SANTOS
MANZANO, DOMINIQUE
MANZANO, CHIENNA MENDOLA,
KATHRYN MENDOLA, ALEX
MENDOLA, JAMES MANZANO, et al.,
Petitioners,

x-----------------------------------------------------------------------------------------x

PETITION

PETITIONERS, through by Counsel, respectfully states:

1. Petitioners are all of legal ages, married, Filipino citizens, and all
are resident of Brgy. Kalubihan, Cebu City, Province of Cebu,
Philippines, where they may be served with summons and other court
processes;

2. That the Sps. WILMA SANTOS, married to EDDIE MANZANO,

during their lifetime has begot three (3) children namely:

1. Lucky Star Santos Manzano

2. Mary Louise Santos Manzano married to Jessie Mendola
3. Ed Luis Santos Manzano

3. That LUCKY STAR SANTOS MANZANO, deceased,

represented by his compulsory heirs namely: BEA MANZANO and
SHAINA MANZANO, DANIEL MANZANO, ENRIQUE MANZANO
and DOMINIQUE MANZANO, all of legal and residing at Cebu City,

4. That MARY LOUISE MANZANO-MENDOLA, deceased,

represented by her compulsory heirs namely: CHIENNA MENDOLA,
KATHRYN MENDOLA and ALEX MENDOLA all of legal ages, and
all residing at Cebu City;
 5. That ED LUIS MANZANO, deceased, represented by her
compulsory heirs namely: JAMES MANZANO, NASH MANZANO,
and COCO MANZANO, all of legal ages, and all residing at Cebu City;

6. That during the lifetime of WILMA, she left a parcel of

agricultural land more particularly described as follows:

“A parcel of land (Lot No. 12) situated in Brgy. Labangon, Cebu

City. With the boundaries stated in TCT No. 123456. Consisting of
six hundred (600) square meters, more or less.”

7. That the late WILMA died in the year 1999 leaving a parcel of
land registered in her name and is located in Barangay Labangon, Cebu
City, Philippines. Because of the long passage of time from her death in
1999 and because these are many who claim to be heirs, there is a need
to judicially determine and declare who are the surviving heirs of the late
WILMA. Thus, this petition is filed to establish the status and rights of
the parties as heirs of the decedent, through this Special Proceedings.

PRAYER

WHEREFORE, it is respectfully prayed that after due notice, and

publication and trial, the petitioners concerned will be decreed as the
surviving heirs of the late WILMA and shall possess all the rights and
participation as legal Heirs of WILMA.

Petitioners prayed for such other relief and remedy as are just and reasonable
render the premises.

22 February 2019, Cebu City, Philippines.

MIRA HYACINTH S. ALTAR

Counsel for Petitioners
Roll of Attorney’s No. ______
IBP No. ______, Cebu, January 07, 2019
PTR No. ______, Cebu City, January 07, 2019
MCLE V Compliance No. _____