REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH ______ - Manila

GINA LASALA ASAÑON,

Petitioner,

-versus- Civil Case No. ______________

For: Declaration of Absolute Nullity
RENATO GAYAP PERICO, of Marriage under Article 35 (4) of
Respondent. the Family Code.

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

PETITION

COMES NOW, the Petitioner GINA LASALA ASAÑON (“Gina”), by

the undersigned counsel, unto this Honorable Court, most respectfully

alleges, that:

1. Petitioner is of legal age, Filipino, and with postal address at 47

Palawan Street, Barangay Sto. Cristo, Bago Bantay, Quezon City;

2. Respondent Renato Gayap Perico (“Renato”), or otherwise known

as Renato Duque to herein Petitioner, is likewise of legal age,

Filipino, and with the last known address at 16 Avocado Street,

Phase 1, Valle Verde Subdivision, Pasig City, where he may be

served with summons and other court processes;

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3. Gina and Renato met sometime in March of 1984 where the

respondent introduced himself to the petitioner as Renato Duque.

4. Romance, thereafter, sprung between the parties that resulted to

their marriage in Manila on January 28, 1985, evidenced by the

Parties’ Marriage Contract as hereunto attached and made integral

part hereof as Annex “A”.

5. The Parties’ marital union was blessed by one (1) child, to wit:

Reggie Asañon was born on December 24, 1985 as evidenced by

his Certificate of Live Birth as hereunto attached as Annex “B”.

6. Respondent Renato abandoned then pregnant Petitioner Gina

merely 5 months into their marriage without any apparent reason.

7. When Gina went to Renato’s hometown and province at Sta.

Maria, Pangasinan to inquire into the Respondent’s whereabouts,

the Petitioner found out through various people that Renato was

already married to a certain Vilma Estrada celebrated at Santa

Ana, Manila sometime in the year 1984.

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8. Not only did Gina find about Renato’s prior marriage, the

Petitioner also discovered that Renato Duque, his spouse’s alleged

name, was fictitious and fabricated since his true and legal name is

in fact Renato Gayap Perico.

9. Bearing this unexpected and surprising discovery, and equipped

with Renato’s other personal information (i.e. his birthdate and the

name of his parents), Gina proceeded to inquire with the

Philippine Statistics Authority of Manila (PSA) regarding the real

identity of the Respondent.

10. According to the records of the Philippine Statistics Authority,

there is no record pertaining to one Renato Gayap Duque as

evidenced by the certified true copy of PSA’s letter dated June 19,

2018 as hereunto attached as Annex “C”.

11. Instead, Gina was able to obtain with the PSA a certified true

copy of the Respondent’s Certificate of Live Birth, which revealed

that his true name was, in fact, Renato Gayap Perico.

12. Upon further inquiry with the PSA, a record yielded pertaining to

the marriage of the Respondent with a certain Vilma De Guzman

Estrada on February 7, 1984, evidenced by the certified true copy

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 of the letter of PSA dated May 30, 2018 as hereunto attached as

Annex “D”.

13. Consequently, the Respondent was legally married when he

entered into a subsequent marriage with the Petitioner, who

completely had no idea whatsoever of this fact, rendering such

marriage as bigamous for having been contracted out of a prior

and valid subsisting marriage.

14. As such, the marriage of the Petitioner and Respondent is

therefore void from the beginning in the light of the provisions of

Article 35 of the Executive Order No. 209 otherwise known as

“The Family Code of the Philippines”, which reads:

“Art. 35. The following marriages shall be void

from the beginning:

(4) Those bigamous or polygamous marriages not

falling under Article 41.”

PRAYER

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 WHEREFORE, premises considered, Petitioner most respectfully

prays of this Honorable Court that:

1. After due hearing, a decree be issued by this Honorable Court

ordering:

a) The marriage between the Petitioner and Respondent be

declared null and void for being bigamous in nature; and

b) That the absolute community of property be dissolved

and liquidated, depriving the Respondent of his share in

the conjugal property and awarding the same to the

above-named child.

2. That such other relief or remedy be granted to the petitioner as

may be just and equitable in the premises.

Quezon City for _________ City, ____ March 2019.

JESUS B. LAPUZ
Counsel for Petitioner
Unit 164, Goldloop Tower B,
Josemaria Escriva Drive, Ortigas
Center, San Antonio, Pasig CIty
PTR No____________________
IBP No. ____________________
Attorney’s Roll No. _________
MCLE No.:_________
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Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2019

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines)

Province of ______________) S.S.

_________________________)

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

I, Gina Lasala Asañon, of legal age, Filipino, married, and a resident of

Quezon City, Philippines, after being sworn in accordance with law,

hereby depose and certify that:

(a) I have not theretofore commenced any other action or proceeding or

filed any claim involving the same issues or matter in any court, tribunal,

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or quasi-judicial agency and, to the best of my knowledge, no such action

or proceeding is pending therein; (c) if I should thereafter learn that the

same or similar action or proceeding has been filed or is pending before the

Supreme Court, the Court of Appeals, or any other tribunal or quasi-

judicial agency, I undertake to report such fact within five (5) days

therefrom to the court or agency wherein the original pleading and sworn

certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

March 2019 at ___________________, Philippines.

GINA LASALA ASAÑON

AFFIANT

SUBSCRIBED AND SWORN to before me, this _____ day of March 2019,

by _______________ who exhibited to me (his/her) Tax Identification No.

___________________ issued at __________ City, Philippines on ________,

2019.

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COPY FURNISHED:

______________________
______________________

THE OFFICE OF THE CITY PROSECUTOR

_____________ City

THE OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legaspi Village,
Makati City, 1227