Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 6
Davao City

ELLEN MERRIAM G. CRUZ

Petitioner,
CIVIL CASE NO. ____
-versus- FOR: Declaration of Nullity of
Marriage
JOHN LLOYD E. CRUZ
Respondent
X----------------------X

PETITION

COMES NOW petitioner, through the undersigned counsel and

to this Honorable Court, respectfully alleges:

1. That petitioner ELLEN MERRIAM G. CRUZ is of legal age,

married, Filipino and resident of Phase 8, Block 29, Country Homes,
Cabantian, Davao City;

2. That respondent JOHN LLOYD E. CRUZ is likewise of legal

age, married, Filipino and presently residing at Lot 6, Phase 9-C,
Block 12, Deca Homes, Mintal, Davao City;

3. That petitioner and respondent celebrated their marriage on

December 28, 2018 before the Parish Church of San Pedro, Davao
City, certified true copy of their Marriage Certificate is attached and
made integral part hereof as Annex “A”;

4. That petitioner and respondent have two children. They

have no written agreement executed before the marriage to govern
their property relations nor have any community property acquired
during their marriage. They have no debts;

5. That petitioner met the respondent sometime in 2015 in City

of Manila. Their romance culminated in a marriage before the priest
of San Pedro church;
 6. That in a short span of time they had been together, this is
the time which the petitioner describes as a period where the
respondent’s instability, psychological or otherwise, showed up;

7. That other instances, wherein such instability could be

reasonably inferred are as follows:

a. After their marriage, the respondent gave up his job at

DUSIT D2 Estate and Residences as General Manager
without justifiable reason;

b. That petitioner tried to explain to him that it was his

responsibility to support her but respondent would ignore
and shout at her, making the petitioner the breadwinner
of the family;

c. That the respondent is a compulsive gambler;

d. He is a womanizer;

e. He resorts to drug and alcohol abuse during their

cohabitation;

f. That the respondent does not want to have a child with

the petitioner because according to him it will just cause
burden for him;

g. That parties would fight even for the smallest things

through not due to the fault of the petitioner, and
frequently, the respondent would always apologize to the
petitioner, but later on, he will repeat his quarrelsome
and troublesome ways;

h. He prefers to hang out with friends and with her flings

instead of being with petitioner;

i. That during their honeymoon period, things were running

smoothly between them, but not on the succeeding week,
when the respondent’s instability started to manifest
clearly to the petitioner. Their relationship lasted in 2019;

8. That some other manifestations of the psychological and

emotional disturbances on the part of the respondent can be cited as
follows:
a. That there were many times when the respondent never even
kissed the petitioner. Respondent would not even look at her
whenever they spoke with each other. She was always the
one, who holds or hugs him so that they may become closer to
each other but every time she tries to be closer to him, he
simply had to always turn his back to her. This is causing so
much unbearable emotional and psychological pain on the part
of the petitioner;

b. That petitioner told the respondent that they should discuss

what went wrong between them and hopefully they could work
it out again. The petitioner verbalized all of the things she had
noticed and felt, knowing that everything works out when there
is an open communication. She told him about the lack of
passion, respect and romance in their relationship. The
respondent just ignored her pleas;

c. That respondent began hurting the petitioner physically by

throwing things on her and shoving her around;

d. That respondent did not stop gambling and using alcohol and
drugs;

e. The respondent abandoned the petitioner and left to be with

another woman. Since May 2019, the respondent did not
return nor tried to communicate with the petitioner. The
petitioner on several instances, tried to reach the respondent
through his relatives and friends but to no avail.

f. That the petitioner already gave up on the respondent after

trying to give all her efforts just to save her marriage to a man
who, as shown in the foregoing, is not cognitive to and
psychologically incapable of performing, his basic marital
covenants to herein petitioner;

g. That further, respondent’s psychological incapacity from all

indications appears to have been manifesting at the time of the
celebration of marriage. Although said manifestations were not
then perceived, the root cause shall be proved to such an
extent that respondent could not have known the obligations
he was to fulfill or knowing them could not have validly
performed them. It is of such incapacity that respondent was
unable to assume his marital obligations;
 h. That the respondent’s incapacity to fulfill his essential marital
obligations appear to be grave, incurable and deeply ingrained,
thus; warranting the issuance of the Decree of Nullity of
petitioner’s marriage with the respondent;

i. That finally, the petitioner has therefore no other recourse but

to seek judicial relief. The prospects or possibility of
respondent to reform and assume his essential marital
obligations is a remote possibility, if not a hopeless expectancy.

PRAYER

WHEREFORE, after trial, it is respectfully prayed that this

Honorable Court rendered judgment:

1. Declaring the marriage entered into by the parties as NULL

and VOID on the ground of psychological incapacity of the
respondent;

2. Ordering the Local Civil Registrar and the National Statistics

Office to cancel in their respective Books of Marriages, the marriage
between the petitioner and the respondent.

Petitioner prays for such other relief she may be entitled to in

the premises.

Davao City, Philippines, February 14, 2020.

SANTOALLA and Associates Law Offices

Counsel for the Petitioner
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Tel. Nos.: (082) 282-3662
ssantoalla@yahoo.com
By:

ATTY. STEPHANIE M. SANTOALLA

IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
COPY FURNISHED: (Personal Service)
JOHN LLOYD E. CRUZ
Lot 6, Phase 9-C, Block 12,
Deca Homes, Mintal, Davao City

ATTY. ERVEN JOHN P. CLAROS

Doors 7 & 8, Tropical Building,
J.P. Laurel Avenue, Lanang,
Davao City, Davao del Sur

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES )
DAVAO CITY )S.S.

I, ELLEN MERRIAM G. CRUZ, of legal age, Filipino citizen,

resident of Phase 8, Block 29, Country Homes, Cabantian, Davao
City;after having been sworn to in accordance with law, depose and
say:
1. That I am the petitioner in the above-entitled case;
2. That I caused the preparation and filing of the foregoing
Petition.
3. That all the allegations therein are true and correct of my
own knowledge and based on authentic records;
4. That I hereby certify under oath that I have not heretofore
commenced any other action or proceeding involving the same
issues in the Supreme Court, Court of Appeals or any other
tribunal or agency, and that to the best of my knowledge, there
is no other action or proceeding, which is pending before this
Honorable Court, Court of Appeals, Supreme Court or any other
tribunal or agency involving the same parties and the same
issues, and that if I learn hereafter that there are other
proceedings pending before this Honorable Court, or any other
tribunal or agency, I hereby undertake to report that fact
within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 14th day of February 2020 , in Davao City, Philippines.

ELLEN MERRIAM G. CRUZ

Affiant
SUBSCRIBED AND SWORN to before me this February 14,
2020, in the Davao City, with affiant exhibiting to me her Driver’s
license no. L06573824 issued at Davao City on April 12 2019.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2020.