REPUBLIC OF THE PHILIPPINES

Regional Trial Court of Zamboanga del Norte

Branch 11 (RTC)

RODOLFO De GRACIA
Petitioner,
versus -

CIVIL CASE NO. S-665

Complaint for declaration of nullity of marriage

NATIVIDAD DE GRACIA
Respondent
xx

COMPLAINT

COMES NOW, the plaintiff together with the undersigned

counsel to this most honorable court, MOST RESPECTFULLY
STATES THAT;

1. The Plaintiff is of legal age, married and a resident of

Zamboanga Del Norter.

2. Defendant Natividad De Gracia is a Filipino, of legal age,

married, and residing at Dipolog City, where she may be served with
summons, papers and other process of this Honorable Court.

3. Both parties have capacity to sue and to be sued.

4. Plaintiff herein is the husband of the defendant which the

defendant left their conjugal home and sold their house without the
plaintiffs consent.
5. The defendant moved to Dipolog City where she lived with a
certain Engineer Terez (Terez), and bore him a child named
Julie Ann Terez.
6. The defendant then after cohabiting with Terez, Natividad
contracted a second marriage on January 11, 1991 with
another man named Antonio Mondarez and has lived since
then with the latter in Cagayan de Oro City.
7. The defendant abandoned them in 1972 and the plaintiff was
left to take care of Ma. Reynilda and Ma. Rizza.
8. The plaintiff exerted earnest efforts to save their marriage
which, however, proved futile because of Natividads
psychological incapacity that appeared to be incurable.
9. Petitioner furthered that he was forced to marry her barely 3
months into their courtship in light of her accidental pregnancy.
10.
The plaintiff alleges that the defendant was
psychologically incapacitated to comply with her essential
marital obligations.

PRAYER

WHEREFORE,

the

above

premises

considered,

it

is

respectfully prayed of this Honorable Court after hearing on the

merits, that:

1. The marriage of the plaintiff and the defendant is declared

null

and

void

because

of

defendants

psychological

incapacity that appeared to be incurable.

2. The defendant will have the full custody to Ma. Reynilda and
Ma. Rizza.

Other reliefs just and equitable under the premises are likewise
prayed for.

For the Plaintiff

By

ATTY. Jo Vanne Trivilegio

Trivilegio and Trivilegio and Trivilegio Law Firm
#7 Blumentritt St Guimbal, Iloilo
PTR No. 1247838 1-20-2012 Davao City
IBP No. 911117 1-21-2012 Davao City
Roll No. 07218
MCLE Ex. No. 111-000748 1-13-2012
For 3rd compliance

VERIFICATION AND CERTIFICATION

I Rodolfo De Gracia, Filipino, of legal age, married and a
resident of residing at Zamboanga Del Norte, after having been duly
sworn to in accordance with law depose and say, THAT:
That I am the Plaintiff in the above-entitled case; That I have
caused the preparation of the above Complaint and I have read the
same and knows the contents thereof; That the allegations contained
therein are true and correct of my own personal knowledge.
IN WITNESS WHEREOF, I have hereunto set my hand this 28rd
day of December, 1998 at Zamboanga Del Norte, Philippines.

SUBSCRIBED AND SWORN to before me this 28rd day of

December, 1998, by Rodolfo De Garcia, who exhibited to me her
Voters ID No. 12345 issued at Zamboanga Del Norte, Philippines on
May 12, 1997.

WITNESS MY HAND AND SEAL.

Doc. No. 0012;
Page No. 003;
Book No. 001;
Series of 2012.