REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

EIGHT JUDICIAL REGION
BRANCH ___, Borongan City

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.

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

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 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 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
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:

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 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.:_________

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2019

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 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, 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.

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 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.

COPY FURNISHED:

______________________
______________________

THE OFFICE OF THE CITY PROSECUTOR

_____________ City

THE OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street, Legaspi Village,
Makati City, 1227

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