Republic of the Philippines

Regional Trial Court

12th Judicial Region
Branch 15
Cotabato City

NOEL S. DESAMPARADO, SPL. PROC. NO._________

Petitioner,

- versus - -for–

LORNA YMBONG-DESAMPARADO ANNULMENT OF MARRIAGE

Respondent.
X------------------ --X

PETITION

COMES NOW, the Petitioner, thru the undersigned counsel and unto this
Honorable Office respectfully states that:

1. Petitioner is a Filipino, of legal age, married and resident of Pansacala St.,

Cotabato City while Respondent is also a Filipino, of legal age, married and
presently residing at Polomolok, South Cotabato, where they may respectively
be served with summons and other processes of this Honorable Court;

2. Petitioner and Respondent were married in a civil wedding ceremony by Hon.

Mamerto Y. Coleflores, Municipal Trial Judge on August 21, 1990 at
Minglanilla, Cebu. Machine copy of their Marriage Contract is hereto is hereto
attached as Annex “A” and forms part of this Petition;

3. Petitioner first met the Respondent in Manila sometime in 1989, when he was
looking for a job. They got acquainted to each other and started to have a
closer relationship until the time he was hired by a shipping company. He
worked abroad as a seaman and while on board Respondent regularly wrote
letters to him;

4. After his contract, Respondent called him up and requested him to visit her at
her residence in Lapu-lapu City, Cebu. As a sign of respect, Petitioner visited
her and stayed therein for a couple of days. Thereafter, he went home to his
place in Polomolok, South Cotabato and spent his time with his family;

5. One day, Respondent wrote a letter telling Peitioner that she was pregnant
and he was responsible for it. Without much ado, Petitioner went to Cebu and
visited her again. They decided to get married. Wedding was done secretly in
the absence of their respective parents. However, a week after the wedding,
Petitioner found out that she was not actually pregnant and only that
Respondent wanted to cover up her wrongdoings from her parents regarding
her “premarital-sex relationship” with her ex-boyfriend;

6. Petitioner did not, somehow, bother to seek rectification of the said situation
after all, they were already married to each other and besides, this time he
was already busy preparing for his second contract of employment. He
worked again as a seaman. After on board, Petitioner and Respondent lived
together as husband and wife in Lapu-lapu City, Cebu until they begot two
(2) children whom they named Emerson and Edzell. Machine copy of their

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 Birth Certificates are hereto attached as Annexes “B & C” and form part of
this Petition;

7. However, during the time Petitioner was on board, there were already stories
conveyed to him that his wife, the herein Respondent, had an illicit
relationship with his ex-boyfriend but Petitioner did not mind to react to the
said issue as he had no evidence to prove the allegations. What he did while
on ship was to believe, pray and hope that Respondent was already
reformed;

8. Until such time when Petitioner could not anymore resist the doubts in his
mind as rumors continued. He did not finish his contract and went home. To
his surprise, he found out that there were no longer savings and money left
in their bank account despite the P70,000.00 per month of her allotment.
Petitioner confronted Respondent what happened to their savings but she
would only say that everything was spent for the family. Many times,
Petitioner also asked her of the rumors that her ex-boyfriend regularly met
her when he was on board but Respondent would just deny everything;

9. Petitioner went back to board again. There was a time when Petitioner came
home from abroad when he personally noticed that the structure of the body
of the Respondent became bigger and wider. Upon confrontation,
Respondent admitted to him that she was impregnated by his ex-boyfriend
and asked for Petitioner’s forgiveness;

10. At that point in time, Petitioner did not know what to do except to decide to
leave her immediately and to bring their two (2) children Emerson and
Edzell to Polomolok, South Cotabato. However, Respondent begged him that
they to settle everything first if ever they leave her, and she requested him to
go to a law office for purposes of seeking legal advice and in deed they
executed an agreement dated April 19, 2001 whereby stating among others
Respondent admitted being pregnant with another man. Machine copy of
their Agreement is hereto is hereto attached as Annex “D” and forms part of
this Petition;

11. Still Petitioner could not believe that her wife was pregnant and so he decided
to buy a pregnancy test however the result was positive. In spite of
everything, they still wanted to see a doctor for an ultrasound check. It was
confirmed again that she was pregnant for more than 3 months and the
Petitioner only arrived from abroad for not more than a month. Machine copy
of the Ultrasound Report dated April 21, 2001 is hereto attached as Annex
“E” and forms part of this Petition;

12. They decided to leave her alone. However, their eldest son begged his father,
the herein Petitioner, to forgive his mother, the herein Respondent, and to
give to her another chance to change her life. Petitioner found it very difficult
yet he was compassionate enough to try to understand the situation of the
Respondent in case left alone and their children being separated from their
mother;

13. For the sake of their children sake and out of his goodness, Petitioner forgave
her and in fact brought her with them to Polomolok, South Cotabato leaving
the shame in Lapu-lapu City. There and then, they lived together as one
family as if nothing happened in the past;

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14. Petitioner worked abroad again as seaman but his contract was not
completed as he came home to attend the needs of the Respondent when
she delivered a baby girl named Divine. Machine copy of her Birth Certificate
is hereto attached as Annex “F” and forms part of this Petition;

15. Without any reservation, Petitioner treated and loved the baby girl as his real
daughter. He was thinking that everything would run smoothly and that his
wife had already changed. But in the year 2004-2005, while Petitioner was on
board again at sea, unexpectedly, a report came to him that Respondent
again had an affair with another man, their neighbor and known to be a
drug-addict. In deed, the sister of the Petitioner and their neighbors saw her
paramour would regularly go t their conjugal house every time their children
went to school;

16. There were also times when their children arrived from school without their
mother at home and no food prepared to eat as well. They just owed
sardines from the store in their neighborhood, while Respondent and her
paramour were having good times outside spending Petitioner’s money;

17. Until one day, Petitioner went home after receiving text messages from his
sister telling him about Respondent’s betrayal. Respondent was surprised
upon his arrival at night. Petitioner talked Respondent in a diplomatic way
about going to a doctor on the following morning for a medical check up and
a drug test;

18. Surprisingly, Petitioner, when he woke up the next morning, was surprised
when Respondent was no longer in their bed. She left with no permission
while Petitioner was still asleep leaving him and her three (3) children.
Petitioner after looking her exhaustively went to a police station and reported
that Respondent left and abandoned them away;

19. Petitioner found out latter that Respondent went to Lapu-lapu City. Their
house and lot were made collateral in a mortgage and his jewelries were
pawned in the pawnshop and have not yet redeemed. Petitioner also found
out that He had a lot of unpaid debts already made by Respondent from
other people;

20. Petitioner has sufficiently demonstrated his love, faithfulness, thoughtfulness

and care to the Respondent and his family, unfortunately however, the love
and care that he had shown to the Respondent was not only unrequited, but
abused just casually by the Respondent;.

21. Respondent terribly failed, both in her marital and maternal duties. She hurt
her family and her Husband’s good reputation by engaging in an adulterous
relationship with different paramours. She cares only about herself and the
pursuit of her own happiness, totally unconcerned of how the family might
feel about her indiscretions. She does not take care of her husband and
children in a way that a wife and mother should. She has never done
anything to make the marriage work;

22. Truly, Respondent is psychologically incapacitated to perform the essential

marital obligations as stated in the provisions of EO 209 known as the Family
Code of the Philippines, and by virtue thereof, Petitioner is now entitled to a
Declaration of nullity of his marriage with the Respondent specifically under
Article 36 of the same Code.

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 WHEREFORE, premises considered, it is respectfully prayed to the Honorable
Court that after hearing judgment be rendered:

1. DECLARING the marriage between the Petitioner NOEL S.

DESAMPARADO and Respondent LORNA YMBONG-
DESAMPARADO totally NULL and VOID AB INITIO;

2. DISSOLVING the absolute community of property or the

conjugal partnership in favor of the Petitioner and their children;

3. DECLARING the custody and sole parental authority over the

children named EMERSON Y. DESAMPARADO, EDZELL Y.
DESAMPARADO and DIVINE Y. DESAMPARADO to the
Peitioner;

Such other relief just and equitable under the premises are likewise prayed
for.
Coptabato City, Philippines. November 5, 2007

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 VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, NOEL S. DESAMPARADO, Filipino, of legal age, married and a resident of

_________________, Tacurong City, Sultan Kudarat afterr having been duly sworn
to in accordance with law, hereby depose and say:

1. That I am the Petitioner in the above-entitled case;

2. That I caused the preparation of the foregoing Petition;
3. That I have read the foregoing Petition and the allegations
thereof are true and correct to my own knowledge and belief;
4. That I hereby certify under oath that:

a. I have not heretofore commenced any action or filed

any claim involving the same issue in court, tribunal or
quasi-judicial agency and, to the best of my knowledge,
no such other action or claim is pending therein;
b. If thereafter I should learn that the same or similar
action or claim has been filed or pending, I shall report
the fact within five (5) days therefrom to this Honorable
Court.

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

_____________________ at the City of Coitabato, Philippines.

NOEL S.DESAMPARADO
Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of

____________________ at the City Cotabato, Philippines.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2007.