Professional Documents
Culture Documents
Carlos Vs Mindoro Sugar
Carlos Vs Mindoro Sugar
Cynthia Manalo-Ferrer,
Respondent.
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Petition
for Declaration of Nullity of Marriage under Article 36 of the Family Code
Parties
1. The Case involves –
a. Jefferson Ferrer of legal age, Filipino, married to
Respondent and is a resident of 821-10 Nasipit
Talamban, Cebu City,1 but he may be served with the
Court’s summons, orders, decisions, resolutions and
other processes or documents through his counsel
1 Please see Annexes “A” to “C”: Proof of petitioner’s residency in Cebu City for at
least six (6) months
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Angot, Barranco, Ejan, Ragasa and Ramirez Law Firm
at 503 Club Ultima Tower II, Jones Avenue, Cebu City.
b. Cynthia Ferrer is also of legal age, Filipino, married to
Petitioner and a resident of #176, 7th street, San
Antonio, Apas, Cebu City, where she may be served with
the Court’s summons, orders, decisions, resolutions
and other processes or documents.
Statement of Facts
2. How the parties met. Jefferson Ferrer was born in the City of Cebu and
after graduating college in 2010, he worked at Marine Insurance
Corporation as an entry-level employee.
a. On March 2011, as a result of his exemplary performance in
work, he was recognized as the "Employee of the Month" for five
(5) consecutive months and was then promoted to Sales
Manager.
b. Afraid that his collegue will devote his entire time to his work,
his friend Marco Gomez, recommended that Jefferson to explore
his options through an online dating application called "Tinder"
for he and his wife met through the same and had a happy ending.
Out of courtesy, Jefferson made an account and started checking
on profiles of the opposite sex but didn't have courage to initiate
a conversation for he was reluctant and bashful.
c. Late April, he saw a notification in “Tinder,” and when he viewed
it, it was from Cynthia, now his wife, who initiated the
conversation asking him to be her friend.
d. According to Cynthia, she was a sales clerk at Ever Bilena
Cosmetics. She always ranked first in selling as she was vibrant,
good-looking and was good at communicating with her
customers.
e. Cynthia and Jefferson started talking more often from dusk until
dawn. This went on for more than a month until both decided
that they were compatible and that it was the right time for them
to arrange their first official date.
f. On May 14, they had their first date in Tides Shangri-la’s Mactan
Resort and Spa. Jefferson picked Cynthia up in his car, brought
flowers and chocolates. He also prepared a present as he was
prepared to ask him to be his girlfriend that same day. The
moment they saw each other, they instantly ‘clicked’ and saw
‘sparks flying’ and they were both so sure that they would spend
their whole lives together. That same night, Cynthia indeed
agreed to be Jefferson’s girlfriend.
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g. On June 1, 2011, the couple decided to live together in Jefferson’s
house. They were sweet together and invited guests over for
parties quite often.
h. Throughout their relationship as lovers, Jefferson showered
Cynthia with compliments and sweet gestures. He would
occasionally give her roses, morning kisses everyday upon
waking up and would make sure he gets to tuck in her to bed.
i. On December 25, 2011, which is also Jefferson's birthday, he
proposed to her to marry him. Cynthia said yes and was given a
5-karat ring with a promise of a lifetime together. Jefferson also
surprised her with a key to a house he bought in Talamban where
they will live after their wedding.
j. On February 28, 2012, Cynthia found out that she was 3 weeks
pregnant with Jefferson’s child. This made Jefferson love her
even more and became a compelling reason for him to marry her
as soon as possible.
k. On June 4, 2012, their marriage was celebrated and was
solemnized by Mayor Alicio Montemayor in his office in the Cebu
City Hall. They were with their respective colleagues Marco
Gomez and Juliet Reyes who served as witnesses.2
l. Looking displeased with the civil wedding, Cynthia demanded
for a church wedding grand enough for their family and friends
to be able to talk about it for a long while. Afraid that it would
cause too much stress to Cynthia who was carrying their child,
Jefferson arranged a church wedding at Our Lady of Sacred Heart
Parish Church, Cebu City.
m. On August 02, 2012, Cynthia was rushed to the hospital due to
severe bleeding and continued abdominal and back pain. She had
an intrauterine fetal demise due to the poor condition of her
pregnancy.
3. The Marriage and The Concrete Manifestations of Cynthia’s
Psychological Incapacity.
a. The first few weeks of Jefferson and Cynthia’s marriage were
described by the petitioner as the ‘perfect marriage.’ Jefferson
would always cook Cynthia breakfast, give her massages and
take care of Cynthia’s cravings.
b. As she was pregnant with their child, Cynthia would constantly
ask Jefferson how she looked and if her belly is starting to appear
huge or if she was gaining weight or was now ugly now that she
is pregnant.
c. Cynthia started gaining more and more weight as her pregnancy
continues. One day, she told Jefferson that she wanted to get rid
of the baby somehow as she was not able to take good enough
pictures of herself because of her weight gain. Jefferson would
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was a job opening at his own company available for her. He even
offered Cynthia to start her own business with the money that he
has saved. This offer was refused by Cynthia who continued
working in the nightclub. Cynthia insists that in her current job,
she shines like a star on stage and that she is a crowd favorite.
She even offers special services to some customers in their
homes, telling Jefferson that this job was her calling.
l. Moreover, Jefferson even discovered Cynthia’s several social
media accounts like Facebook and Instagram wherein she
presented herself as a single woman and had been chatting with
several men using those applications. He also found out that
Cynthia was actively using dating applications such as Tinder,
FindAdultMen.com and OkCupid, where her seductive and
barely dressed pictures were posted.
m. For several months, Cynthia refused to have sexual intercourse
with Jefferson. Wanting to keep trying to make their family,
Jefferson pursues Cynthia day and night, but she refuses him
because she does not want to gain any more weight that comes
along with her pregnancy. She gets angry easily over the slightest
provocation or for no reason at all. She was cold and apathetic
towards the petitioner.
n. On August 13, 2014, Jefferson decided to confront Cynthia to
clear the doubts he had about her job and her behavior. However,
after such confrontation, Cynthia even confidently confessed her
illicit relationship with a Japanese man, and two other men.
Cynthia did not even ask for Jefferson’s forgiveness because
according to her, this did not harm their marriage.
o. Two weeks thereafter or on August 27, 2014, Jefferson found
Cynthia’s Japanese lover in their house. To his surprise, Cynthia
introduced him to her lover as her elder brother. This caused
petitioner so much stress and agony that he got hospitalized for
two weeks.
p. Jefferson still expressed his willingness to forgive Cynthia, but
she chose to run away from the marriage. Cynthia left the
conjugal dwelling and cohabited with her Japanese lover.
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him in the first place and thought their marriage was just
something he did to please her.
b. Cynthia tells Jefferson that she did love him, but she may come
home from time to time, if he was willing that she stay with him
for a few days and return to her Japanese lover on some other
days.
c. She told him that she cannot stay in the marriage because it felt
like a routine, and that she wanted a big and extravagant
romance, which she finds with her Japanese lover together with
her other boyfriends.
d. Jefferson warns her of other people’s opinion of her and subtly
tells her that whatever she is doing may still be forgiven by him
for as long as she cuts all ties with the other men and remain loyal
to him as they had promised in the altar, but she refused him at
once.
Cause of Action:
Jefferson and Cynthia’s Marriage is void under Article 36 of the Family
Code
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d. At the highlight of dating sites when she turned eighteen (18)
years old, she was one of the most popular candidates, and
continued to have three or more relationships online or in
reality. She would always initiate the conversation and like
having to meet them on several dates.
e. She also worked at a nightclub in Cebu City and she described it
as the perfect workplace as she can wear extravagant and
extremely showy costumes while she dances in the middle of the
stage. She often has late night drinks with the first male customer
that catches her eyes.
f. While she initiated the conversation with Jefferson and married
him at the age of nineteen (19), she thought that this was just one
of her other relationships at the time and did not think that he
would ask her to marry him. She loved all the attention and
efforts of her husband when they were dating but hated the fact
that she had to listen to his comments and constructive criticisms
about her job and other relationship. Cynthia thinks that she is
not doing anything wrong and that Jefferson should support her
if he truly loves her.
Summary
The marriage between Jefferson C. Ferrer and Cynthia M. Ferrer
celebrated on 4 July, 2012 is void ab initio under Article 36 of the
Family Code
6. All told, this psychological incapacity of Cynthia and its being grave,
incurable and having existed prior to the marriage, make her
incapable of giving meaning and significance to his marital vows and to
married life in general. When she was pursued by Jefferson and later was
proposed to be married to him, Cynthia had no intention or capacity to
be bound by the responsibilities and obligations consequent to marriage.
7. Cynthia is incapable of rendering love, support and fidelity. She
was only looking for fun and excitement. This marriage was void from the
very beginning.
8. The couple during their marriage has not acquired any property.
9. The Church Annulment. The spouses were granted a Church
Annulment by the Metropolitan Tribunal of the Archdiocese of Cebu
which decreed the invalidity of the marriage in question in a Conclusion
dated 30 March 2016, citing the "lack of due discretion" on the part of
respondent. Such decree of nullity was affirmed by both the National
Appellate Matrimonial Tribunal, and the Roman Rota of the Vatican.
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10. The Psychological Report. The petitioner had engaged the services
of Dr. Margie L. Sy, Clinical Psychologist, for the determination of
psychological evaluation of both parties, who will be presented as an
expert witness in support of the instant petition.
a. Based on the results of the psychological tests and interview on
the parties and the brother of the respondent, as well as based
on the background data gathered and marital history of the
parties, the findings of Dr. Sy are reproduced in the succeeding
paragraphs hereinbelow, culled from the Report of Dr. Sy,
attached as Annex “E” hereof, to wit:
After a thorough analysis of the data presented, it is
revealed that the eventual shattering of the conjugal
partnership between Jefferson Ferrer and Cynthia Manalo is
brought forth by the psychological incapacity of the
Respondent. The respondent is afflicted with a debilitating
psychological condition, which made her inept to be actively
part of a relationship where mutuality is founded and
required.
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PRAYER
WHEREFORE, in view of the foregoing considerations, it is
prayed that the parties’ marriage celebrated on 4 July 2012 be declared
an absolute nullity per Article 36 of the Family Code, based on the fact
that Respondent is psychologically incapacitated to comply and perform
the essential obligations of marriage.
All other reliefs just and equitable under the foregoing are
also prayed for.
by:
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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, Jefferson Ferrer, Filipino, of legal age, married and a resident of
Talamban, Cebu City after having duly sworn to in accordance with law,
do hereby depose and state:
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REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU) SS.
ACKNOWLEDGMENT
BEFORE ME, A Notary public in and for the City of Cebu and the
Province of Cebu this 15th day of December 2018, personally came and
appeared Jefferson C. Ferrer, with Driver’s License ID No. D11-125477
issued by the Land Transportation Office and valid until May 01,2020, at
Cebu City, bearing her photograph and signature, known to me as the
same person who personally signed the foregoing instrument which he
acknowledged to me as his free and voluntary act and deed, consisting
only of twenty-one (21) pages including this page in which this
Acknowledgment is written, duly signed by him and his instrumental
witnesses on each and every page thereof.
WITNESS MY HAND AND SEAL this 8th day of November, 2018 at Cebu
City.
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JURAT
SUBSCRIBED AND SWORN TO before me this 8th day of
November, in 2018 in the City of Cebu, by Jefferson C. Ferrer with
Driver’s License No. 13579086 , valid until May 24, 2021 at Cebu City.
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ANNEX “A”: Barangay
Residency Certification
REPUBLIC OF THE PHILIPPINES CITY OF CEBU
BARANGAY TALAMBAN
OFFICE OF THE PUNONG BARANGAY
CERTIFICATION
(Residency)
This certification is being issued upon the request of above-named person for
whatever purposes it may serve him best.
Given this 8th day of August 2018 at Barangay Talamban, Cebu City.
SUBSCRIBED AND SWORN to before me, this 8th day of August 2018, by
Jefferson Ferrer who exhibited to me (his/her) Community Tax Certificate No.
55765 issued at Cebu City, Philippines
Doc. No. 33
Page No. 2
Book No. 47
Series of 2018
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ANNEX “B”: Sworn Confirmation of Counsel on Record
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU) SS.
SWORN STATEMENT OF COUNSEL
I, LADY LOU G. ANGOT, Filipino citizen, of legal age and with
residence at Block 34 Lot 10 Doña Rita Village, Banilad, Cebu City, Cebu,
after having been duly sworn in accordance with the law, hereby depose
and say:
That I, LADY LOU G. ANGOT, single and of legal age, a lawyer and a
senior partner at ANGOT, BARRANCO, EJAN, RAGASA and RAMIREZ Law
Firm with office address at 503 Club Ultima Tower II, Jones Avenue, Cebu
City, Cebu.
That I personally know JEFFERSON C. FERRER, the person named
as petitioner in the complaint, with residence at 821-10 Nasipit,
Talamban, Cebu City, Cebu.
That I personally know that the petitioner has been a resident of
the said address for at least six (6) months prior to the filing of the
petition.
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ANNEX “C”: Petitioner’s Government I.D.
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ANNEX “D”: Marriage Certificate of Jefferson and Cynthia
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OATH OF SOLEMNIZING OFFICER
That I have ascertained the qualifications of the contracting parties and have found no legal impediment for them to marry as required by
Art. 34 of the Family Code;
And that I took the necessary steps to ascertain the ages and relationships of the contracting parties and that neither of them are under any
legal impediment to marry each other.
………………………………………
Signature of Solemnizing Officer
SUBSCRIBED AND SWORN to before me this 12 day of July, 2004, who exhibited to me his Community Tax No. 5466747 issued on March 28, 2000 at
Cebu City_.
_____________________________________________________________
NOTE – In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the Instrument by signature or mark, it shall be
sufficient for one of the witnesses to the marriage to sign in his name, which in fact shall be attested by the person solemnizing the marriage as follows:
……………………………………………………...
Signature and Printed Named of Solemnizing Officer
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ANNEX “E”: Report of Psychological Assessment
REPORT OF PSYCHOLOGICAL ASSESSMENT
Confidential Material
BACKGROUND INFORMATION:
Personality is the combination of thoughts, emotions and behaviors that
makes you unique. It's the way you view, understand and relate to the outside
world, as well as how you see yourself. Personality forms during childhood,
shaped through an interaction of:
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Medical and Development History:
In many cases, people with histrionic personality disorder have good social
skills; however, they tend to use these skills to manipulate others so that they
can be the center of attention.
The patient, Cynthia Ferrer, through the interview and tests conducted
had a history of being physically and verbally abused by her father in her early
adolescent years. When she started receiving a lot of attention by many of her
suitors, this was where her personality disorder commenced and had
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incorporated itself in her life. It was part of her coping mechanism and a way
of self-healing from the scars she received rooted from the abuses she had
experienced.
Testing Behavior:
RESULTS FROM TESTING
Cynthia, has the following traits which confirms that she suffers from
histrionic personality disorder:
✓ Discomfort when they are not the center of attention
✓ Interaction with others that is inappropriately sexually seductive
or provocative
✓ Rapidly shifting and shallow expression of emotions
✓ Consistent use of physical appearance to call attention to
themselves
✓ Speech that is extremely impressionistic and vague
✓ Self-dramatization, theatricality, and extravagant expression of
emotion
✓ Suggestibility (easily influenced by others or situations)
✓ Interpretation of relationships as more intimate than they
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SUMMARY
After a thorough analysis of the data presented, it is revealed that the eventual
shattering of the conjugal partnership between Jefferson Ferrer and Cynthia
Ferrer is brought forth by the psychological incapacity of the Respondent. The
respondent is afflicted with a debilitating psychological condition, which made
her inept to be actively part of a relationship where mutuality is founded and
required.
That, as a product of her unfavorable experiences and negative
exposures of her childhood and adolescent years, such personality disorder is
merged with her reality and that it is so grave, it cannot be cured by mere
clinical sessions but instead, requires a higher form of treatment.
PREPARED BY:
DR. MARGIE SY
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