REPUBLIC OF TH PHILIPPINES

REGIONAL TRIAL COURT

SECOND JUDICIAL REGION
BRANCH 4
FAMILY COURT
TUGUEGARAO CITY, CAGAYAN

KARMELA Y. TAGUIAM, CIVIL CASE NO. 1234

Petitioner,

- versus - for:

BART TEKEN Declaration of nullity of

MARRIAGE under Art, 36
of the Family Code

Respondent,

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

MEMORANDUM

I, Karmela Taguaim, through the undersigned counsel, unto this

Honorable Court respectfully submit and present this Memorandum in the
above-titled case and aver that;

PREFARATORY

Article 1 of the New Civil Code on Law and Family Relation states
that; Marriage is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal
and family life. It is the foundation of the family and an inviolable social
institution. But who is to blame when marriage fails? This case was brought
out by the wife against her husband for nullity of marriage on the ground of
drunkenness and incapable to support family.

THE PARTIES

1. Petiotioner Karmela Y. Taguiam, of legal age, residing on 101 St.

Penablanca, Cagayan, where she may be served with legal processes and
issued by the honorable court;
 2. Respondent, Bart Teken, of legal age, residing on 19 St. Isabela,
where he may be served with legal processes and issued by the honorable
court;

PROCEDURAL BACKGROUND

3. On, March 17, 2017, herein petitioner filed for Annulment of

Marriage against the Respondent. Summons was issued and was served to
the Respondent.

4. On, March 19, 2017, the Respondent filed his answer.

MATERIAL FACTS

5. Karmela narrated that she met Bart in 2017 at Luna Street

Tuguegarao City. While she was with her college friends sitting and
drinking, a group of men suddenly approached them where they ask if they
could share table with them which they did mind because few of those men
are friends with her. At that moment she regarded Bart to be cute, quiet,
thoughtful person. They soon became sweethearts. After 2 years, they
got married.

6. Karmela describe Bart as kind, gentle, Joker which did not last
long. In the eyes of the public, Bart was the picture of a perfect husband and
father. Few weeks after their weeding Bart became unreasonably harsh,
easily angered and alcoholic.

7. Karmela also added that Bart doesn’t have any job which then
made Karmela the provider of their family. They always go unto quarrel and
fights which usually results to biting of Bart at Karmela and sometime never
went home.

8. Karmela at first tried to tollerate Bart maybe because she

understands that Bart was undergoing some depression due to on his job
which he was fired. But after months of continuing maltreatment of Bart to
his family, Karmela then seek the advice of a lawyer.

9. Bart admitted the allegations that he and his wife are undergoing
some misunderstandings and arguments. However, maintained that their
relationship is in good condition because they were able to resolve it after
fights.

10. Bart also admitted the he sometimes went home over drunk but
not always. He also drinks when there is special occasions.
 11. Bart, however denied the allegations of Karmela that he physically
maltreated her. He also added that he never put fist on his wife and that she
loved his wife so much.

12. Bart on his defense states that the eason why he doesn’t go home
is in order to avoid misunderstanding with his wife and not to make the
problem go bigger.

12. Karmela file a petition for Nullity of their Marrige.

ISSUES

DISCUSSION

PRAYER

WHEREFORE, premises considered, is respectfully prayed that after

trial, Judgment be rendered by this Honorable Court declaring Petition for
Nullity of Marriage between Petitioner Karmela Taguiam and Respondent
Bart Teken be (dismissed/not)

May 18, 2018

Tuguegarao City, Philippines

ATTY. LANCE ADRIAN C. TUMANGUIL

Counsel for the (Complainant/respondernt)
Annafunan Highway Tuguegarao City, Cagayan

SUBSCRIBED AND SWORN to before me this 18th day of May

2018 at Tuguegarao City, Cagayan.
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Series of 2018