Republic of the Philippines

REGIONAL TRIAL COURT

__th Judicial Region
Branch __
Tubod, Lanao del Norte
-oOo-

RODCHAR TIMTIM LEGASPINO, CIVIL CASE No. _________

Plaintiff,

-versus- -for-

KAREN CRISTOBAL OBACH DECLARATION OF NULLITY

Respondent. OF MARRIAGE
X--------------------------------------/ (under Art. 36, Family Code)

COMPLAINT

Plaintiff, through undersigned counsel, unto the Honorable Court,

respectfully alleges, that:

1. Plaintiff is of legal age, Filipino, married but now separated-in-fact, with

residence address at Dagohoy St. Crossing, Purok 5 TCES, Poblacion, Tubod, Lanao
del Norte, where he may be served with notices, orders, resolutions, decisions and
other legal processes from the Honorable Court; as proof of his residency, herein
attached are Certificate of Residency, Certification and the Sworn
Statement, of the undersigned counsel, and marked as ANNEX “A”, ANNEX
“B” and ANNEX “C’; in this Petition, she is represented by undersigned counsel,
Atty. Felix M. Escalante, Jr., with office address at 2nd Floor, Lacuna building,
Rizal Avenue, Balangasan, Pagadian City;

2. Respondent is likewise of legal age, Filipino, married but now separated-in-

fact, and a resident of Bahayan, Luinab, Iligan City, Lanao del Norte, where she may
be served with orders, summons, resolutions, decisions, and other legal processes
from the Honorable Court;

3. Sometime on May 18, 2001, the parties entered into a contract of marriage at
Zamboanga City, solemnized by Hon. Alan L. Flores; the said marriage was priorly
issued with marriage license number 0009637; a copy of the Marriage Contract of
the parties is hereto attached and marked as Annex “D”;

4. The parties eventually met, sometime on 1997 at Barangay Begong, Tigbao

Zamboanga del Sur. The plaintiff and her family had a small store where she spent
most of her time. The respondent visits and stays there almost every day and
eventually they became close friends; in just a short period of time, the parties fell in
love with one another and their friendship developed into being lovers and spent
days just like the sweetest love birds in the forest;

5. The saccharine love affair of the parties continued, until it reached a sudden
halt when their parents knew about their relationship. The Plaintiff’s parents did not
accept the respondent as her lover because for them the respondent is irresponsible,
has many vices, a habitual drunkard and a gambler and that she will be throwing her
life away if she insists to be with the respondent. Likewise, the respondents’ parents
did not accept the plaintiff as his lover because she has already a child from her
former lover. However, despite this, the plaintiff and respondent did not heed the
objections of their parents and fought for the love they have. Thereafter, the plaintiff
went with the respondent to the Province of Basilan where the respondent was
assigned and working as a soldier. Anent thereto, they lived together in one roof and
cohabited for good;

6. Thus, sometime in year 2002, the plaintiff eventually noticed the

unpredictable behavior of the respondent and started to show his true nature.

7. Respondent was idle, irresponsible and obnoxiously Jealous; the respondent

always told the plaintiff to stay inside the house and that she could only go out if she
asked permission from him. Eventually they got into a heated argument because the
plaintiff does not want to be a sitting cow and do nothing. As a result, after few
months, the plaintiff went to her home and started a small business. She managed to
convinced the respondent and allowed her to do such;

8. Then, eventually the plaintiff got pregnant but despite this she continued to
run their small business. Whenever the respondent secured a passes to go home, he
will only lay on his back and idle despite knowing that the plaintiff is pregnant with
only few months left to bear a child, he did not even think of helping the plaintiff in
their business;

9. The respondent, if not laying on his back, is out doing gambling spree and
drinking spree with his closest friends, leaving the pregnant plaintiff doing all the
work in their business. Because of this, they always easily got into heated arguments;

10. To make things worse, the respondent, if he run out of money in his gambling
spree, he stole money from their store’s income. The plaintiff endured all of these
because she thought that the respondent will change and become a man after she will
gave birth to their child. But little did she know, after she gave birth, that the
respondent did not actually like children, because, whenever he was able to secure
passes or a chance to go home, he spent most of his time out of the house with his
friends drinking and gambling;

11. There was even a time that the respondent came home late and the plaintiff
got mad and they got into a heated argument. In the middle of the said quarrel, out
of nowhere, the respondent suddenly slapped the face of the plaintiff and just when
the plaintiff thought the physical harm will not get any worst, it did, the respondent
kicked the plaintiff. As a result of this tragic event plaintiff left the respondent and
lived with her parents;

12. Furthermore, the relationship of the plaintiff and respondent had always been
sour, all because of the respondent’s lack of care to their relationship and his
addiction to gambling and his character as a habitual drunkard and often times he
physically hurt the plaintiff. The plaintiff endured this for one reason that she does
not want her children to grow without a father.

13. Eventually, thing got from worse to vilest when the plaintiff learned that the
respondent had an affair with another woman. This shattered the heart and soul of
the plaintiff, and just when the plaintiff thought it would not get any worst, it did,
when she knew that the respondent did not only got an affair to a woman but to
different women. In short the, respondent became a womanizer. This all started
when the plaintiff went to her parents’ home to rest and to somehow recover from
the horrifying experience the respondent’s made her to have, and instead of pursuing
the plaintiff and asked for apology, the respondent turned to as many woman as he
pleased and had fun with them to his hearts’ content.

14. However, despite the respondents’ being a womanizer, the plaintiff did not
end their relationship, she endured and fought for their relationship for a sole reason
that she does not want her children to grow up without a father. Thereafter the
plaintiff put all of her time and energy in their business.

15. After two years, the plaintiff got pregnant for the second time with the
respondent. However, despite this, the respondent did not even change for a tiny bit,
he was still a habitual gambler and a drunkard and worse he still had no intention to
care about their relationship. In fact, as the plaintiff was about to give birth, he called
their house helper to go with her to the hospital. The respondent did not even go with
her to the hospital and did not even bother to visit her and their baby there. The
plaintiff’s heart further shattered into million pieces when she learned that,
respondent, instead of going with her in the hospital or even visit her, was out and
dunk with his friends, it was the apex of all pain and it happened to the plaintiff
during she was under labor for their second child.

16. This leads the plaintiff to conclude that the respondent is afraid of
responsibility and never treated her as a wife and only used her to meet the ends of
his lust. However, extraordinarily, the plaintiff still did not end their relationship for
the same reason that she does not want her children to grow up without a father, it
was one of those extraordinary things a mother can bear for the sake of her children.
17. On 2007, the plaintiff did not fell short in being a good mother to her
children, when she was able to establish a big decent house for her family. Plaintiff
was proud to present the house to the respondent as he came home from his service
as a soldier and she was hoping that the respondent will saw her dedication to her
family and that respondent will change for good. However, the odds did not favor the
plaintiff, the respondent did not even change, he was still the same old notorious
gambler, a habitual drunkard, always out having fun with his friends and a
womanizer, he was living a life like a teen who has no responsibility whatsoever.

18. Notwithstanding all the hardships the plaintiff had with the respondent, she
endured all of it for the sake of their children. In lieu of focusing on the pain and
struggles in their marriage life, plaintiff dedicated her time and effort to their
business and manage to grow the said business and expanded to Municipality of
Dumalinao and in Tubod Lakewood. All she wanted is that the respondent be proud
of her being a responsible wife and him to become a good father of their children.
But instead the respondent continued his vices. Respondent never stopped gambling
and being a drunkard and on top of this he is still a womanizer.

19. The sugar coated relationship turned sour until it further damage the
wellbeing of their children. One of their children, the son, stopped going to school all
because he had an intense fight with the respondent. It was so extreme that the
respondent and his son got into a fist fight. The reason behind this life-threatening
combat is that the son discovered that the respondent hurt the plaintiff physically
apart from hurting her emotionally. It was a night of horror brought by the
wickedness of the respondent.

20. In the same night, the respondent burned almost all of the clothes of the
plaintiff and the things valuable to her. The respondent indeed shown his true colors
and the darkness lurking inside of him.

21. Later on, the Plaintiff learned that the respondent was making multiple loans
in a clandestine manner. Respondent succumbed to gambling that he was willing to
gamble his own family for the sake of his vices and shortsighted happiness driven by
selfishness and irresponsibility. Plaintiff was in rage knowing this, however there was
nothing she can do, the respondent completely yielded to a life of irresponsibility,
recklessness, frivolity and flippancy.

22. The respondent just went out of the frying pan and into the fire when one day
he comeback from drinking spree and threatened the plaintiff and her children that
he will kill all of them for no reason at all. The plaintiff and her children trembled out
of fear and sheer terror. They were afraid because they know that the respondent is a
soldier and most of the time he carries with him a rifle or a hand gun. They were left
praying for their lives and at the mercy of the respondent. It was an another moment
of terror and malevolence.

23. On top of all of the horrors that the respondent brought to the plaintiff and
her children, the plaintiff learned later on that the respondent is not just having a
one night stand with several women but he was actually living with another woman
in an another house. The respondent did not even think twice when he decided to
have a live-in partner, a woman other than his wife.

24. It was a moment of realization on the part of the plaintiff. All her might that
pushed her to hold on to their relationship was vanished in thin air. Plaintiff was put
on her knees, the respondent’s irresponsible, immature, frivolous and malevolent
mind won over the pure benevolent heart of the plaintiff. Despite this humongous
failure in love, plaintiff’s children supported her and never left her side, they carried
the broken heart and tore soul of their mother. It was the purest act of resilience one
could ever witness.

25. Love is like the ocean. It is calm and reassuring, it rages in a storm. It is home
to some of one’s greatest fears and the finest of pleasures. You can let it kill you or
one can allow it to guide you. But no matter how you choose, one thing is for
certain…it will always take up the majority of your world. Plaintiff in this case loved
the wrong person and the same ruined her life forever. Plaintiff sailed to the worst of
storms in the name of love but only to end up wrecked and destroyed.

26. The plaintiff’s heart is strong, resilient and pure and it can give a love a man
could only dream of. However, it was all wasted when the plaintiff chose to love the
respondent who cannot even comply the basic obligations of marital union. This is
the very spirit of the Article 36 of the family code. It gives relief from psychologically
incapacity spouse who failed to comply with the essential marital obligations and
needless to say, this is a mere opinion of the undersigned counsel, that it likewise
gives those who have pure hearts, a chance to have that God given right to be loved
justly and scrupulously to the extent that not even death could tear it apart.

21. Article 36 of the Family Code of the Philippines states that:

“A marriage contracted by any party who, at the time of the

celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be VOID even
if such incapacity becomes manifest only after its solemnization.”

22. Moreover, the Supreme Court defined psychological incapacity as “no

less than a mental (not physical) incapacity that causes a party to be truly
incognitive of the basic marital covenants that concomitantly must be
assumed and discharged by the parties to the marriage;

23. All these circumstances demonstrate that respondent is psychologically

incapacitated to perform his essential marital obligations and thus, making his
marriage with the plaintiff oppressive, or to say the least, meaningless; for the court
to allow this marital union to continue will work grave injustice upon plaintiff as he
will be forever be tied up with respondent; with this, plaintiff seeks the succor of this
Honorable Court by availing herself of the remedies provided under the Family Code
and prevailing jurisprudence, praying for the declaration of nullity of this marriage;

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable

Court that after due notice and hearing, judgment be rendered declaring
the marriage of plaintiff to respondent NULL and VOID AB INITIO on
the basis of defendant’s psychological incapacity to perform her essential
marital obligations.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted this 29th day of October 2020 at Pagadian

City, Philippines.

`
ATTY. FELIX M. ESCALANTE, JR.
Counsel for the plaintiff
2nd floor, Lacuna Bldg. Rizal Avenue,
Pagadian City
Attorneys Roll No. 57655
IBP No. 073623-02/08/19
Issued at Pagadian City
PTR No. 1636059-02/06/19
Issued at Pagadian City
MCLE Compliance VI: 0013549
Issued on October 2, 2018 and
Valid until April 14, 2022
Email ad: pgochief@yahoo.com
0917-623-0775
REPUBLIC OF THE PHILIPPINES}
CITY OF PAGADIAN } s.s

SWORN STATEMENT

I, FELIX M. ESCALANTE, JR., of legal age, married, Filipino and a

resident of Napolan, Pagadian City, Zamboanga del Sur, after having been duly
sworn in accordance with law, do hereby depose and state that:

1. I am the counsel who will handle the annulment case to be filed by

RODCHAR T. LEGASPINO, being the petitioner against his wife
KAREN CRISTOBAL OBACH, which case will be filed in Tubod, Lanao
del Norte;

2. Being his counsel, I have personally verified the petitioner’s residence

in Dagohoy St. Crossing, Purok 5 TCES, Poblacion, Tubod, Lanao del
Norte, and that I can attest that he had been residing thereat for at
least six months prior to the filing of the petition;

3. This can be further supported by the Certificate of Residency as well as

the Certification issued by the Barangay Captain of the said barangay;

4. I am executing this affidavit to attest to the veracity and truthfulness of

the foregoing facts and for whatever legal purpose this may serve;

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of

December, 2019 at Pagadian City, Philippines.

ATTY. FELIX M. ESCALANTE, JR.

ROLL OF ATTORNEY’S NO. 57655

SUBSCRIBED AND SWORN TO BEFORE ME this __th day of

December 2019, at Pagadian City, Zamboanga del Sur, Philippines.
 Republic of the Philippines
REGIONAL TRIAL COURT
__th Judicial Region
Branch __
Tubod, Lanao del Norte
-oOo-

RODCHAR TIMTIM LEGASPINO, CIVIL CASE No. _________

Plaintiff,

-versus- -for-

KAREN CRISTOBAL OBACH DECLARATION OF NULLITY

Respondent. OF MARRIAGE
X--------------------------------------/ (under Art. 36, Family Code)

MANIFESTATION OF COMPLIANCE

PLAINTIFF, through undersigned counsel, unto this Honorable Court,

most respectfully manifests, that:

The plaintiff has duly complied with the requirements under Sec. 5 (4) of
A.M. No. 02-11-10-SC, re: Service of copy of the complaint to the Solicitor
General’s Office and the National Prosecution Service through the Povincial
Prosecution Office of Tubod, Lanao del Norte, evidenced by herein attached letters
with attachment of plaintiff thru counsel to the above offices with corresponding
acknowledgment of receipt and/or registry receipt issued by the Philippine Postal
Corporation for the purpose;

PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable
Court that the plaintiff be considered to have complied with the above-
stated rule and that the manifestation be likewise noted.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted this 5th day of December 2019 at Pagadian

City, Philippines.

ATTY. FELIX M. ESCALANTE, JR.

Counsel for the plaintiff
2nd floor, Lacuna Bldg. Rizal Avenue,
 Pagadian City
Attorneys Roll No. 57655
IBP No. 073623-02/08/19
Issued at Pagadian City
PTR No. 1636059-02/06/19
Issued at Pagadian City
MCLE Compliance VI: 0013549
Issued on October 2, 2018 and
Valid until April 14, 2022
Email ad: pgochief@yahoo.com
0917-623-0775

Copy furnished:

The Solicitor General

Thru:

The Office of the Provincial Prosecutor

Tubod, Lanao del Norte

NOTICE

The Clerk of Court

Regional Trial Court
Branch __
Tubod, Lanao del Norte

THE SOLICITOR GENERAL

Thru: The Provincial Prosecutor’s Office
Tubod, Lanao del Norte

Greetings!

Please submit the foregoing Manifestation of Compliance for the

kind consideration of the Honorable Court sans further arguments.

Thank you.

ATTY. FELIX M. ESCALANTE, JR.

 ATTY. FELIX M. ESCALANTE, JR.
LAWYER-NOTARY PUBLIC
2nd Floor, Lacuna Building, Rizal Avenue, Balangasan, Pagadian City

December 5, 2019

THE SOLICITOR GENERAL

Office of the Solicitor General
134 Amorsolo St., Legaspi Village,
Makati City, 1229

THE HON. PROVINCIAL PROSECUTOR

OF TUBOD, LANAO DEL NORTE
Justice Hall, Tubod
Lanao del Norte

Dear Gentlemen:

In compliance with A. M. No. 02-11-10-SC Rule on Declaration of

Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (March 4, 2003), we are serving your Honorable Office a copy of the
Verified Complaint for Nullity of Marriage entitled RODCHAR TIMTIM
LEGASPINO versus KAREN CRISTOBAL OBACH, filed before the Regional
Trial Court, Branch 7, Tubod, Lanao del Norte, on December 5, 2019 docketed as
Civil Case No. 07-842.

Your kind action will be highly appreciated.

ATTY. FELIX M. ESCALANTE, JR.

Counsel for Plaintiff
With attached complete copy of Complaint