REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JURIDICAL REGION
BRANCH VIII
TACLOBAN CITY

RINA I. DELA CRUZ,

Petitioner,
Civil Case No. CEB 41138
-versus- For: Declaration of Nullity
of Marriage
REGOR G. DELA CRUZ,
Respondent.
x----------------------------------------------x

PETITION

COMES NOW petitioner, by the undersigned counsel and unto this

Honorable Court, most respectfully alleges:

1. Petitioner, RINA I. DELA CRUZ, is a Filipino, of legal age, married to the

respondent, and a resident of Zone 4, Brgy. Rosal Sta. Rita Samar,
Philippines; respondent REGOR G. DELA CRUZ is likewise Filipino, of legal
age, who is currently working as a factory worker in NEXUSCEL
MANUFACTURING, and a resident as well of Zone 4 Brgy. Rosal Sta. Rita
Samar, Philippines where he may be served with summons, orders and other
legal processes of this Honorable Court.

2. Petitioner and respondent are husband and wife, having been legally married
on April 23, 2020 in a civil ceremony at the Office of the mayor in the
Municipality of Sta. Rita before the Hon. Jade Kie T. Magallanes, as
evidenced by a marriage certificate issued by the office of the solemnizing
officer of the said municipality, herein attached as “Annex A”.

3. The marital union was blessed with two beautiful daughters. The first one is
ROSEMARY I. DELA CRUZ, was born on November 2, 2022 and the second
child is RHYTHM MAE I. DELA CRUZ was born on September 27, 2023.
Copies of their birth certificates, hereto attached as “Annex B”.

4. In retrospect, petitioner and respondent were childhood friends growing up in

the same neighborhood. Back then, petitioner and respondent decided to
have their formal dating after they graduated in high school and in that short
courtship, they decided to get married.

5. The beginning of their marriage was normal and magnificent, with the fact that
they often fought each other. They live harmoniously as husband and wife
and parents to their children until the later part that her husband shown and
displayed an irrational behavior not expected from a mature and a
responsible husband and father to their children.

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6. A few months later, they subsequently had serious quarrels because of their
unreconcilable differences and the respondent’s immaturity as the head of the
family.

7. Petitioner, also noticed the frequent drinking and hanging out of the
respondent with his friends. She has been hearing rumors that the
respondent was engaged in illegal gambling and addicted to
methamphetamine drug also known as “shabu” and other prohibited drugs.
Because of this, he sometimes would physically and verbally abuse the
petitioner due to his mental and psychological immaturity.

8. The respondent would always prevent the petitioner from seeking occupation
and left promises that he would provide and support the needs of their
children. The respondent failed to provide his financial obligation towards his
family due to gambling and then began to manifest no caring attitude towards
them that he would leave the house, stayed at his work in the factory or hang
out with his friends and then would come back only after several days.

9. On May 7, 2024, Sunday, at around 8:30 pm, respondent, REGOR G. DELA

CRUZ, returned home with the influence of alcohol, exhibited his abusive and
irresponsible behavior resulting to their serious verbal argument and violent
quarrel.

10. On May 8, 2024, Monday, when the petitioner asked for money from the
respondents for the school allowance, payment of bills, and for their goods,
the respondent brutally stares at her and with his strong hands he choked the
petitioner’s neck and ferociously punched and kicked her letting her whole
body fell into the ground. The petitioner was in vulnerable position for another
attack when he grabbed the plastic chair near the table and batted her
angrily. The petitioner tried to deflect his strikes but her body was weak and
she couldn’t see anything because of the blood dripping from her eyes. With
the respondent’s discontentment, he picked up the things inside the house
and throw them ferociously, and then he left. The petitioner shouted for help
and her two daughters hurriedly go outside to ask for assistance from their
neighbors.

11. Due to the brutality that the respondent had committed upon the petitioner;
which sustained an injury in the left eye of the petitioner resulting for her
temporary blindness and got bone fractures in her arms and chest. She also
had bruises in both arms, face, and in left hips and lower back.

12. Moreover, the petitioner suffered mental and emotional anguish, public
ridicule and humiliation when he engaged himself in illegal drugs, affairs and
dealing with his abusive behavior. As evidenced by the Physical and
Psychological Examination Report hereto is attached as “Annex C”.

13. The petitioner also learned that the respondent had an affair with a random
girl that the respondent met at the bar. Petitioner has a strong belief that the
respondent had an intimate sex with her several times.

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 14. After the quarrel, the respondent left their conjugal dwelling and this was the
last time the petitioner saw him and then petitioner had not seen,
communicated nor heard anything from the respondent about his
whereabouts.

15. Petitioner is filing this petition to declare her marriage a null and void.
Respondent show no concern for his obligation towards his family in violation
of Article 68 of The Family Code which provides that husband and wife re
obliged to live together, observe mutual love, respect and fidelity and render
mutual help and support. Petitioner is also filing a case under Art. 36 of the
same Code as the respondent manifested apparent personality disorder and
by being psychologically immature and failing to perform her responsibilities
as a husband.

PRAYER

Wherefore, premises considered, it is most respectfully prayed that the marriage of the
petitioner with the respondent be declared null and void. It is likewise prayed that if
when parties are able to enter into an extra judicial settlement as to custody and joint
parenting, the same be adopted with this Court and in the absence thereof, a fair and
just settlement of their rights and obligations as parents be adjudicated by this
Honorable Court. We pray for such other reliefs, just and equitable under the premises.

Tacloban City; May 30, 2024.

Doc No. ______ ATTY. JUVY MAE R. MACASUSI

Page No. _____ Zone 1, Lot 11 Block 12, LMWD Subdivision
Book No. _____ PTR No. 112345 – 10/27/2024 - Sta Rita Samar
SERIES OF 2024 IBP Member No. 057465 – 10/27/2024 – Sta. Rita
Samar

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 MCLE Compliance No. VII – 0001622 – valid until
December 24, 2024
Republic of the Philippines )
Tacloban City ) s. s.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, RINA I. DELA CRUZ, of legal age, Filipino, married and a resident of Zone 4, Brgy.
Rosal Sta. Rita Samar, after hereby duly sworn to in accordance with law deposes and states
that;

1. That I as the petitioner in the above-entitled case have caused this petition of nullity
of marriage to be prepared; that I read and understood its contents which are true
and correct of my own personal knowledge and/or based on true records;

2. I attest that the allegations in this petition are true and correct and base on my
personal knowledge or based on authentic records. My signature appearing herein
serves as a certification of the truthfulness of the allegations in this petition;

3. I attest this petition is not files to harass, caused unnecessary delay, or needlessly
increase the cost of litigation

4. I have not heretofore commenced any action or proceeding, nor is there any action
or proceeding, to the best of my personal knowledge, pending in the Supreme Court,
the Court of Appeals, or in any other court, tribunal, or agency against the same
parties involving the same cause; and

5. Should I hereafter learn the same action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or in any other court, tribunal, or
agency; I undertake to notify this Honorable Office within five (5) calendar days
therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of May,
2024.

RINA I. DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 10th day of May 2024 at

Tacloban City, affiant personally appeared before me her competent evidence of his
identity.

WITNESS MY HAND AND NOTORIAL SEAL on the day, year and place above-
mentioned.

Doc No. ______ ATTY. JUVY MAE R. MACASUSI

Page No. _____ Zone 1, Lot 11 Block 12, LMWD Subdivision

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Book No. _____ PTR No. 112345 – 10/27/2024 - Sta Rita Samar
SERIES OF 2024 IBP Member No. 057465 – 10/27/2024 – Sta. Rita
Samar
MCLE Compliance No. VII – 0001622 – valid until
December 24, 2024