Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 25
Tabuk city Kalinga

GEOFF DANTES VICTORIO,

Petitioner,

CIVIL CASE no. 1317

For; PETITION FOR
-versus- DECLARATION OF
NULLITY OF
MARRIAGE

ANNE GONZAGA VICTORIO,

Respondent,

X------------------------------------------------X

PETITION
Petitioner, GEOFF DANTES VICTORIO, by counsel, unto this
honorable court, most respectfully avers:

Nature of the Petition

1. This is a petition for declaration of nullity of marriage on the

ground of psychological incapacities of both parties as
provided under Article 36 of the family code of the Philippines
in relation to Article 68 thereof.

2. Both parties, as will be proven hereinafter have failed and

continuously failed to comply with their respective mandated
duties to live together, observe mutual lover, respect and
fidelity towards each other, which failure could be attributed to
their respective psychological incapacities as found and
proven.

The Parties

3. Petitioner, GEOFF DANTES VICTORIO, is of legal age,

Filipino citizen, and presently residing at Bulanao Norte,
Tabuk city, Kalinga, which is within the jurisdiction of the
honorable court, and had been residing therein for a period of
more than fifteen (15) years prior to the filing of the instant
 petition, and where he may be served with notices, orders,
and other processes of this honorable court.

4. Respondent, ANNE PANGANIBAN GONZAGA, is of legal

age, Filipino citizen, and presently residing at Dagupan West,
Tabuk city, Kalinga, where she may be served with summons
and other processes from this honorable court.

Compliance with A.M. 02-11-10-SC

5. In compliance with the requirement of A.M. 02-11-10- SC,

petitioner hereby attaches the following documents, as proof
of her residence.

5.a ANNEX “A” – Verified Barangay certification issued

by Barangay Bulanao Norte, Tabuk city, Kalinga as to the residency
of the petitioner.

5.b ANNEX “A-1” – Sketch of the residence of petitioner

as certified by the Barangay Captain of Barangay Bulanao Norte,
Tabuk city, Kalinga.

5.c ANNEX “A-2” and in series – Identification Cards

indicating the address attesting of the petitioner; and

5.d ANNEX “A-3” – Affidavit and sworn statement of the

counsel on record attesting on the verification of the residence of
the parties.

The Material Facts in Support of the Petition

6. The parties were married on January 26, 2015, before the

Saint William cathedral, Bulanao, Tabuk city, Kalinga. A copy
of the marriage certificate of the parties is here in attached as
Annex “B”.

7. The parties have one child, Gino Gonzaga Victorio, born

December 2, 2015. A copy of the live birth certificate of Gino
Gonzaga Victorio is here in attached as Annex “C”.

8. There are no real and personal properties acquired during the

marriage.

9. Petitioner met the respondent when they were both single in a

coffee shop at Bulanao, Tabuk city, Kalinga. In which they
became friends and followed by number of dinner dates, later
on December 20, 2014, after a long period of courting the
respondent, they became sweethearts.
10. After wedding, the mother of geoff donated a newly build
house to the couple and start living together as husband and
wife, their only child was born ten (10) months later.

11. Both parties have a personal and stable job, at first both
parties were in a strict observance of their marital obligations,
and both cared for their only son.

12. At first their marriage life was good everything was in a

nice flow and it was really a happy family.

13. As time passes by, their relationship turn sour when the
respondent was promoted to his work, and the respondent
became workaholic and forgotten her marital obligations both
to his husband and son.

14. One time, the petitioner asked the respondent to make

love after of a long period of time, but the respondent refused
due to her alibi that she is busy at work, tired at work and
need to be at work earlier.

15. There are also instances that the respondent was late to
be at home at night, that the petitioner waited for the
respondent in the stairs of their house while their son crying
because of missing the respondent.

16. There was one time that the petitioner is late to be at

home at night and the respondent confronted him and
accused him of seeing another woman.

17. After that incident, the petitioner and respondent had a

heart to heart talk, in where the petitioner confronted the
respondent that she forgotten her marital obligations that she
is always focus on her work.

18. After that incident, their relationship situation is getting

worse to the extent that the respondent minding her own
business and stay to her friend rather to his husband.
 19. That incident did not affect their relationship to their one
and only child Gino Gonzaga Victorio.

20. There is also time that the petitioner and respondent

quarreled at night to the extent that the respondent accused
the petitioner of being a womanizer.

21. As a result, the petitioner is left with little choice but to

seek the court intervention. The idea of respondent reforming
and fulfilling her key marital obligations and responsibilities is
a remote possibility, if not hopeless one.

Cause of Action

22. The marriage between the petitioner and respondent is

void under Article 36 of the family code, which provides:

“Article 36. A marriage contracted by any party who, at

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

23. In the case of Santos v. Court of Appeals (G.R. No

112019, January 4, 1995), it was held that “psychological
incapacity” should refer to no less than a mental (mot
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
which, as so expressed by Article 68 of the Family code,
include their mutual obligations to live together, observe love,
respect and fidelity and render help and support.

24. Article 68 of the Family code provides, “The husband and

wife are obliged to live together, observe mutual love, respect
and fidelity, and render help and support”.

25. In order to deliver both contracting parties from ordeal of

a marriage that only proved to be farce and which had
brought them nothing but pain and grief and to free them from
the eternal embarrassment and inequity of being bound by
marriage which is engulfed with pretensions and deceptions’,
a declaration of nullity of marriage is proper under the
circumstances.
 26. On a final note, in dissolving marital bonds on account of
either party’s psychological incapacity, the courts is not
demolishing the foundation of families, but it is actually
protecting the sanctity of marriage, because it refuses to allow
a person afflicted with a psychological disorder, who cannot
comply with or assume the essential marital obligations, from
remaining in that sacred bond. It may be stressed that the
infliction of physical violence, constitutional indolence or
laziness, drug dependence or addiction, and psychosexual
anomaly are manifestation of a sociopathic personality
anomaly. Noteworthy, that in article 36, there is no marriage
to speak of in the first place, as the same as is void from the
beginning. To indulge in imagery, the declaration of nullity
under Article 36 will simply provides a decent burial to a still
born marriage.( Edward Kenneth Ngo Te, vs. Rowena Ong
Gutierrez Yu- Te G.R No. 161793 February 13, 2009).

Name of Intended Witnesses

27. Petitioner intends to present the following witnesses in

support of his cause of action against the respondent, to wit:

27.a GEOFF DANTES VICTORIO- he is the

petitioner, and he will testify on the following; (a)the fact of the
marriage between the parties, (b) the history and circumstances of
the marriage of the parties from courtship to marriage, and the the
eventually led to collapse of the parties marriage: and (c) to
identify the parties and pertinent documents. The Judicial affidavit
of the petitioner is herein attached as ANNEX “E”.

27.b BOBBY LUNA MARTINES- he is the best

friend of the petitioner, and would testify on the following; (a) his personal
knowledge on the relationship of the parties, prior to and during the
marriage, and (b) to corroborate the testimony of the petitioner. The judicial
Affidavit of Pablo Victorio Escobar is herein attach as ANNEX “F”.

Documents to be presented

28. In support of his cause of action, the petitioner shall

present the following documents, to wit:

EXHIBITS PURPOSES
 EXHIBITS “A” To prove compliance with A.M. No.
Certificate of residency of the petitioner. 02-11-10-SC to prove its existence
and to form part of the testimony of
the petitioner.
EXHIBITS “A-1” To prove compliance with A.M. No.
Sketch of the house of petitioner 02-11-10-SC to prove its existence
and to form part of the testimony of
the petitioner.
EXHIBITS “A-2” To prove compliance with A.M. No.
Identification cards containing the address 02-11-10-SC to prove its existence
of the petitioner. and to form part of the testimony of
the petitioner.
EXHIBITS “A-3” To prove compliance with A.M. No.
Affidavit/ sworn certification of the counsel 02-11-10-SC to prove its existence
of petitioner attesting that verification were and to form part of the testimony of
made on the address of the parties the petitioner.

EXHIBIT “B” To prove the fact of marriage of the

Certificate of Marriage of the parties parties, to prove its existence and
to form part of the testimony of the
petitioner

EXHIBITS “C” To prove that the parties has a

Certificate of live birth of gino Gonzaga child, to prove its existence and to
victorio form part of the testimony of the
petitioner

Prayer

WHEREFORE, premises considered, it is most respectfully prayed that the

marriage between the petitioner and the respondent be declared null and
void from the beginning pursuant to Article 36 of the Family code of the
Philippines.

Other reliefs, just and equitable under the premises, are also prayed for.
 December 5, 2022, Tabuk city, Kalinga, Philippines.

ATTY. FRAULEIN SENTON

Counsel for the petitioner

PTR No. 0695826, 01-03-2022, Tabuk City

[Link]. 006961, 01-03-2022, Baguio City
Roll No. 64670
MCLE No. VI-0003900, 12-05-2022
SENTON & ASSOCIATES LAW OFFICE
Purok 6, Bulanao, Tabuk City, Kalinga

Copy furnished:

Office of the Solicitor General

134 Amorsolo St., Legazpi Village
Makati City
* by registered mail

Office of the City Prosecutor

Tabuk city, Kalinga
* by registered mail

EXPLANATION
Personal service being impractical due to distance and lack of
manpower, the foregoing pleading is being served through registered mail.

Republic of the Philippines

REGIONAL TRIAL COURT
Second Judicial Region
Branch 25
Tabuk city Kalinga

GEOFF DANTES VICTORIO,

Petitioner,

CIVIL CASE no. 1317

-versus For; PETITION FOR
DECLARATION OF
NULLITY OF
MARRIAGE

ANNE GONZAGA VICTORIO,

Respondent,
X------------------------------------------------X

JUDICIAL AFFIDAVIT OF GEOFF DANTES VICTORIO

OFFER OF TESTIMONY:

This judicial affidavit is executed to serve as the direct testimony of

the witness Geoff Dantes Victorio and to prove/substantiate the following:

1. To prove that petitioner is married to the respondent and they

have a daughter;

2. To prove and substantiate the allegations in the petition that

petitioner and respondent are psychological incapacitated to
perform their essential marital obligations;

3. To testify on other matters relative to this case and identify

pertinent documents.

REPUBLIC OF THE PHILIPPINES

PROVINCE OF KALINGA
CITY OF TABUK

I, GEOFF DANTES VICTORIO, is of legal age, married, Filipino,

and presently residing at Bulanao Norte, Tabuk City, Kalinga, after having
been duly sworn in accordance with law, depose and state that:

PRELIMINARY STATEMENT

The person examining me is Atty. Fraulein L. Senton with postal

address at SENTON & ASSOCIATES LAW OFFICE at Purok 6, Bulanao,
Tabuk City, Kalinga. The examination is being held at the same address. I
am answering his questions fully conscious that I do so under oath and
may face criminal liability for false testimony and perjury.

Q1: Do you swear to tell the truth, the whole truth and nothing but the truth
in your judicial affidavit.
A: Yes, I do
Q2: Do you know that you are under oath and that in case you make false
statement under oath, you can be held criminally liable for false testimony
or perjury
A: Yes, I do.

Q3: State your name and address and other personal circumstances.
A: I am GEOFF DANTES VICTORIO, is of legal age, married, Filipino, and
presently residing at Bulanao, Norte, Tabuk City, Kalinga, Philippines.

Q4: Who are you in relation to the petitioner in civil case no.________ for
Declaration of Nullity of marriage filed against Anne Gonzaga Victorio,
which case is now pending before the Regional trial Court, branch 25 of
Tabuk City, Kalinga.
A: I am the petitioner.

Q5: Who is Anne Gonzaga Victorio?

A: She is my wife.

Q6: What prompted you to file the above- mentioned case against your
wife?
A: I filed this case for the purpose of nullifying my marriage with Anne,
because, we have failed to perform our marital obligations as husband and
wife.

Q7. Prior to your marriage with respondent, what were your expectations
regarding marriage?
A: I believed in the sanctity of marriage. I believed that marriage is forever,
I just want a wife who will love and respect me and to whom I will live
together for the rest of my life.

Q8: What or who influenced you, if any, for having such beliefs?
A: I was influenced by my friends who, despite many trials, have managed
to make their marriage work up to the present.

Q9: can you give a brief description of yourself and the things you value?
A: I am an extrovert. I am friendly and can easily adopt to any person I deal
with. I am peace-loving and as much as possible I avoid quarrels with my
family, friends nor with any other people. I am responsible, loyal and
faithful. Respect and good relationships between and among my family and
friends are the values that I appreciate the most.

Q10: Prior to your relationship with the respondent, have you been in a
previous relationship?
A: No

Q11: How did you meet the respondent?

A: I met Anne in a coffee shop at Bulanao. Actually I first saw her in an
incident where my best friend Franc had an accident where he bumped the
car of one of the friend of Anne, one day when I was going to my favorite
coffee shop I saw her on a table all alone and I approached her and
introduced myself with her and we had a great conversation.

Q12: What was your first impression when you first met the respondent?
A: Anne was friendly, jolly, and she is very kind, responsibly taking care her
mother, helpful to her friends.

Q13: What happen next? If any, after your first meeting.

A: We became friends and we go on dinner dates, till I started courting her
and after couple of months we became sweethearts.

Q14: How was the respondent as a girlfriend?

A: Actually we were only boyfriend and girlfriend for three weeks because
after days of becoming sweethearts we immediately planned our wedding
for the coming month, but during that three weeks as sweethearts, she is
loving, caring, and responsible as a girlfriend. She took good care of me.

Q15: what happen next, if any, did you push through on the wedding plan?
A: Yes, the wedding went smoothly and perfect as plan. We got married on
January 29, 2015 at St. William Cathedral Bulanao, Tabuk City, Kalinga,
before Father Benjamin Santos, the resident priest of St. William Cathedral.

Q16: What proof can you show that indeed you and Anne got married?
A: I have our Marriage Certificate issued by the Philippine statistics
Authority which was attached in the petition.

Q17: I am making as “EXHIBIT B” your marriage certificate attached in

your petition. Do you affirm my action?
A: Yes, I do

Q18: What Happened after your wedding?

A: After our wedding, we bought our own house. We both have a personal
and stable job and we are able to manage everything.

Q19: How was your relationship as husband and wife during the early days
of your marriage?
A: Anne is okay, she is a good wife at first we had beautiful bond. When
our first child was born she is a good mother and a responsible wife and we
both observe our marital obligations. As time passes when Anne got
promoted in her work, she gave almost of her time to her work, to the
extent that she forgot to observe her obligation as a wife. When I ask her
one time to make love after a long period of time maybe months she
refused due to her alibi that she has work, tired of work, and need to be at
work early. At first I understand her situation but she gotten worst and more
and more workaholic, I ask her again couple of times to make love but
same answer over and over again that she is tired at her work. She no
longer has time for me. There are also instances that she came home late
at night where me and our son waiting for her.

Q20: What else happened, if any?

A: After those incident, one time after work, I went to my best friend’s
house and seek for advice on my situation, I trusted my best friend so
much that he is the one that I seek for advice. He advised me to have a
heart to heart talk with my wife. After a couple of hours staying at my best
friend I went home late at night and there she waited for me and she
confronted me and accused me that the reason I was late is that I am
seeing another woman.
Q21: what happened after that incident in that night, if any?
A: In the evening of the following day after our work, we had a heart to
heart conversation, I confronted her of being workaholic and that she does
not have any more time for me as her husband, that she forgot her
obligations with me but she always using her work as an alibi so I told her
that I have work too but I did not forgot my obligation as a husband.

Q22: After the heart to heart talk with the respondent, how was your
relationship?
A: after that night, our relationship had gotten worse to the extent that she
is minding her own business and stay more time with her friends rather
than with me as her husband.

Q23: Did you have a child with Anne?

A: Yes.

Q24: What proof can you show that indeed you and Anne had a child?
A: I have a certificate of live birth of our child Gino Gonzaga Victorio issued
by the Philippine Statistic Authority which was attached in the petition.

Q25: I am marking as “EXHIBIT C” the certificate of live birth of Gino

Gonzaga Victorio which was attached in your petition. Do you affirm my
action?
A: Yes, I do.

Q26: How was she as a mother to your child?

A: She is a good mother to our child. Responsible mother but ever since
she got promoted and became workaholic there are instances that she
came home late at night where our child is always waiting for her due that
he always missed her.

Q27: Does your relationship with your son get affected from your situation
with your wife?
A: No, my relationship with my son is smooth and good. Actually me and
Anne had a good relationship with our child despite that we both his
parents is not in good terms.

Q28: Is it possible that you and respondent will reconcile?

A: No, it is not that easy because respondent failed to perform her
obligation as a wife.

Q29: During the duration of your marriage, have you and Anne acquired
properties or investments?
A: No, we have not bought any real property during the course of our
marriage.

Q30: Do you Affirm and confirm under oath all your declarations in your
Judicial Affidavit?
A: Yes, I do

IN WITNESS WHEREOF, I have hereunto set my hand this 5 th day of

December, 2022 at Tabuk City, Kalinga, Philippines.
 GEOFF DANTES VICTORIO
Affiant

SUBCRIBED AND SWORN to before me this December 5 2022 at Tabuk

City, Kalinga, Philippines. Affiant exhibited to me her TIN: 509-998-030

DOC NO: 107

PAGE NO: 25
BOOK NO: 68
SERIES OF 2022

ATTESTATION
I faithfully recorded the question I asked to GEOFF DANTES VICTORIO
and the corresponding answers she gave me; and neither I nor any other
person then present coached him regarding his answers.

FRAULEIN L. SENTON

SUBCRIBED AND SWORN to before me this December 5 2022 at Tabuk

City, Kalinga, Philippines. Affiant exhibited to me her Integrated Bar of the
Philippines identification card bearing Roll number 64670

DOC NO: 107

PAGE NO: 25
BOOK NO: 68
SERIES OF 2022
 Second Judicial Region
Branch 25
Tabuk city Kalinga

GEOFF DANTES VICTORIO,

Petitioner,

CIVIL CASE no. 1317

-versus For; PETITION FOR
DECLARATION OF
NULLITY OF
MARRIAGE

ANNE GONZAGA VICTORIO,

Respondent,
X------------------------------------------------X

JUDICIAL AFFIDAVIT OF BOBBY LUNA MARTINES

OFFER OF TESTIMONY:

This judicial affidavit is executed to serve as the direct testimony of

the witness Bobby Luna Martines and to prove/substantiate the following:

1. To prove that petitioner is married to the respondent and they

have a daughter
 2. To prove and substantiate the allegations in the petition that
petitioner and respondent are psychological incapacitated to
perform their essential marital obligations.

3. To testify on other matters relative to this case and identify

pertinent documents.

REPUBLIC OF THE PHILIPPINES

PROVINCE OF KALINGA
CITY OF TABUK

I, BOBBY LUNA MARTINES, is of legal age, married, Filipino,

and presently residing at Bulanao Norte, Tabuk City, Kalinga, after having
been duly sworn in accordance with law, depose and state that:

PRELIMINARY STATEMENT

The person examining me is Atty. Fraulein L. Senton with postal

address at SENTON & ASSOCIATES LAW OFFICE at Purok 6, Bulanao,
Tabuk City, Kalinga. The examination is being held at the same address. I
am answering his questions fully conscious that I do so under oath and
may face criminal liability for false testimony and perjury.

Q1: Do you swear to tell the truth, the whole truth and nothing but the truth
in your judicial affidavit.
A: Yes, I do

Q2: Do you know that you are under oath and that in case you make false
statement under oath, you can be held criminally liable for false testimony
or perjury
A: Yes, I do.

Q3: State your name and address and other personal circumstances.
A: I am BOBBY LUNA MARTINES, is of legal age, married, Filipino, and
presently residing at Bulanao, Norte, Tabuk City, Kalinga, Philippines.

Q4: Who are you in relation to the petitioner in civil case no.________ for
Declaration of Nullity of marriage filed against Anne Gonzaga Victorio,
which case is now pending before the Regional trial Court, branch 25 of
Tabuk City, Kalinga.
A: He is my best friend

Q5: Are you present in the marriage celebration of the petitioner and
respondent?
A: Yes, I am present in their marriage celebration, in fact I was the best
man of the petitioner.

Q6: How was Geoff as a best friend?

A: He is humble and a very kind person I have ever known in my life.

Q7: Does Geoff have a girlfriend before his marriage with the respondent?
A: None, he does not have girlfriend before she met the respondent.

Q8: Do you have any knowledge, if any, how the petitioner and respondent
met?
A: Yes, the first time that petitioner saw the respondent is that during the
night I accidentally bumped my car to the friend’s car of the respondent.
And after that incident the petitioner and respondent finally met at a coffee
house in Bulanao, Tabuk City, Kalinga. I was the one who saw the
respondent that time and I told the petitioner that the woman whom he fell
in love was in the coffee shop so he went there, and that's the time they
known each other.

Q9: After the wedding, what did you observed in the marriage life of the
petitioner and respondent?
A: After their marriage, I observed that the petitioner and respondent quietly
doing well, they have a happy life and both have a good stable job.

Q10: Does the petitioner and respondent had a child?

A: Yes, they have, In fact I am one of his godfather during his christening.

Q11: Is it true that the respondent share and seek your advice in his
situation with his wife?
A: Yes, actually I was shocked because that's the first time I saw my best
friend depressed after a long period of time. So he came in my house and
shared his situation with his wife and I told him to have a heart to heart talk
with her wife.

Q12: After you gave the respondent an advice to have a heart to heart talk,
did they do it?
A: Yes, according to Geoff they had a heart to heart talk, but after that their
relationship became worst. And one night the petitioner came again to my
house and told me that the respondent accused him of seeing another
woman.

Q13: In your personal knowledge, if any, have you seen or heard the
petitioner having a mistress or does he seeing another woman when his
relationship to her wife turns sour?
A: No, I have not seen or heard anything about that, I only saw my best
friend very sad and trying to find a solution for their problem.

Q14. What do you think the reason why their relationship turns sour?
A: I also witness it myself that when the respondent got promoted on his
work, she suddenly changes. In the early years of their marriage life I
witnessed that the respondent was very caring to her husband and son and
even to us when we visit their home, but when she got promoted she is no
longer the wife of our friend we have known before, she is now more
engaged in her work than to her family.

Q15: Is it possible that the petitioner and respondent will reconcile?

A: No, it is not that easy because of the stressful events that the
respondent caused and her failure to perform the essential marital
obligations as a wife.

Q16: Do you Affirm and confirm under oath all your declarations in your
Judicial Affidavit?
A: Yes, I do.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of

December , 2022 at Tabuk City, Kalinga, Philippines.

BOBBY LUNA MARTINES

Affiant

SUBCRIBED AND SWORN to before me this December 5 2022 at Tabuk

City, Kalinga, Philippines. Affiant exhibited to me her TIN: 509-998-030

DOC NO: 107

PAGE NO: 25
BOOK NO: 68
SERIES OF 2022

ATTESTATION
I faithfully recorded the question I asked to BOBBY LUNA MARTINES and
the corresponding answers she gave me; and neither I nor any other
person then present coached him regarding his answers.

FRAULEIN L. SENTON
SUBCRIBED AND SWORN to before me this December 5 2022 at Tabuk
City, Kalinga, Philippines. Affiant exhibited to me her Integrated Bar of the
Philippines identification card bearing Roll number 64670

DOC NO: 107

PAGE NO: 25
BOOK NO: 68
SERIES OF 2022