REPUBLIC OF THE PHILIPPINES

REGIONAL TRIALCOURT
8
TH
JUDICIAL REGION
Branch ___
Laoang, Northern Samar


EVA AIDA BALANDAY-MERCADO,
Petitioner,

-versus- Civil Case No.___
FOR: DECLARATION OF NULLITY
OF MARRIAGE

CESARIO DR. MERCADO,
Respondent.
x----------------------------------------x


PETITION

Petitioner, by counsel, unto this Honorable Court most respectfully
states that:

1. Petitioner is Filipino, of legal age and married to respondent and a
resident of Brgy. Poblacion, Pambujan, Northern Samar, Philippines,
where she may be served with summons and other pertinent orders
and processes of this Honorable Court.

2. Respondent is a Filipino citizen, of legal age, and married to
petitioner. He may be served with summons and other pertinent
orders and processes of this Honorable Court at Poblacion,
Pambujan, Northern Samar

3. Petitioner and respondent were married on September 27, 1994
and out of this marriage, they have five (5) children, namely:
Zeinab; Cesar Ivan; Chiara Joseline; Charisse; and Czarina Beatriz,
all surnamed Mercado. A copy of the Certificate of Marriage is
hereto attached as Annex A; a copy of the Certificates of Live
Birth of their children are attached hereto as ANNEX B, C, D.
E, and F, and made an integral part hereof.

4. The marriage of Petitioner with Respondent was a failure. Even
before the celebration of their marriage, Respondent had
manifested eccentricity and irresponsibility that he would not care
the feelings of the Petitioner. In the hope of helping the Respondent
to correct his misbehavior, Petitioner acceded to Respondents offer
of marriage.

5. At the time of the celebration of their marriage, Respondent was
suffering from psychological incapacity and he was truly not
cognitive of his marital obligations of marriage. The facts and
circumstances being that-

a. Respondent portrayed and acted as if he is not a married man.
For several occasions after their marriage in 2004 until the birth
of their child in January 11, 2005, he left the petitioner from
January 5, 2005 to December 2005, leaving the Petitioner alone
and the newly born baby, he would return loosely explaining that
he came from a tour or vacation with his male friends; Worst, he
carted himself (P20, 000.00), the salary of the Petitioner, in
going to manila and returning to Biri, Northern Samar;

b. Again, from the last week of December 2005, he left the
Petitioner and his child together with his alleged male friends in
Manila. And when the Respondent returned sometime in March
2006 he chose to live with his grandparent in Biri, Northern
Samar;

c. He was domineering that he threatens the Petitioner whenever
she complain for his misgivings. He is also selfish that he would
not care the needs of the Petitioner and their child;

d. He never gave moral support and respect to the Petitioners
endeavor; and he failed and continue to fail in providing financial
support to the petitioner and to their minor child since they were
married;

e. Respondent had an unhappy childhood that brought about his
personality disorder.

6. Petitioner and respondent are currently separated in fact and have
been so since December 2005. The reason for the continuing
separation in fact is the breakdown of the marriage due to
respondents psychological incapacity to fulfill and discharge his
marital obligations, which existed at the time of the marriage but
manifested itself well into the marriage.

7. The psychological incapacity of the respondent to remain married is
characterized by gravity, juridical antecedence, and incurability;
prior to this resort, petitioner had attempted formal and informal
counseling sessions, all of which were unproductive due to
respondents resistant and, at times, even hostile to these efforts.

8. Such incapacity of the Respondent is so grave and serious that he is
truly incognitive of and unable to fully assume and comply with her
marital obligations under Article 68, 69, 70 and 71 of the Family
Code of the Philippines and the attendant duties of a married
person as well.

9. That

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 prated for.

November 26, 2012, Catarman, Northern Samar.



ATTY. RACHED P. RONDINA
Counsel for the Petitioner
Corner Quezom and BonifacionSts.,
Catarman, Northern Samar
Roll No. 60320
IBP No 893946/3-19-12/ N. Samar
PTR No. 2162937/5-10-12/ N. Samar
MCLE Exempt (New Lawyer)



VERIFICATION WITH CERTIFICATION
OF NON-FORUM SHOPPING


I, EDITHA SERRONA- MARTIRES, of legal age, Filipino and residing
at Biri, Northern Samar, under oath hereby depose and state that:

1. I am the Petitioner in the above-entitled case;
2. I caused the preparation of the foregoing petition;
3. I have read the same and know its contents;
4. The allegations therein are true and correct of my personal
knowledge or based on authentic records;
5. I have not commenced any action or filed any claim involving the
same issues before any court, tribunal or quasi-judicial agency, that
to the best of his knowledge, there is no other pending action or
claim; and
6. If I should learn that a similar action or proceeding has been filed or
is pending before any court or tribunal, I shall notify this Honorable
Court within five (5) days from such notice.



EDITHA SERRONA- MARTIRES
Affiant


SUBSCRIBED AND SWORN to before me this 26
th
day of November
2012 in the Municipality of Catarman, Province of Northern Samar,
Philippines, by the affiant who showed to me her identification card sufficient
to establish her identity required under the New Rules on Notarial Practice of
2004.




Doc. No. ___; ATTY. RACHED P. RONDINA
Page No. ___; Notary Public until Dec. 2013
Book No.___; PTR No. 2162937/ 5-10-12
Series of 2012. Catarman, Northern Samar