VILLANIEVA - Petition For Annulment

REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ____
CITY OF MANILA
Berto B. Berdugo,
Petitioner,
-versus- Civil Case No. __________

For: Declaration of Nullity
of Marriage under Art. 45
of Family Code
Bea B. Berdugo,
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x
PETITION
COMES NOW petitioner, through the undersigned counsel and to
this Honorable Court, respectfully alleges:
1. That petitioner Berto Berdugo is of legal age, married, Filipino

and resident of 143 Dapitan Street, Manila;
2. That respondent Bea Berdugo is likewise of legal age, married,

Filipino and presently residing at 143 Dapitan Street, Manila;
3. That petitioner and respondent celebrated their marriage on

December 15, 2002 before the Parish Church of San Agustin, Manila,
certified true copy of their Marriage Certificate is attached and made
integral part hereof as Annex “A”;
4. That petitioner and respondent have three 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 1998 in City of

Manila. Their romance culminated in a marriage before the priest of San
Agustin 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
illness manifested;
7. That as early as February of 2003, the respondent have noticed

respondent taking inhibitor medications such as Maraviroc and ENF;
1
10. That the petitioner questioned respondent of the reason why the
same is taking the said prescription drugs to where the respondent gave
a rather vague answer;
11. That further, respondent’s failure to communicate to the petitioner

the illness she was suffering whilst its effects are being greatly apparent;
12. That when the respondent was thought to suffer from Pneumonia
on May 2023, the medical records signed by Dr. Wack Quack show that
apparently the respondent had already contracted a Human
Autoimmune Virus and the same has progressed on its latter stages.
13. That the upon examining past medical records it was shown that
the respondent was afflicted with the said illness prior to the marriage
and the same was willfully concealed to the petitioner;
14. That in the light of the said discovery and failure to disclose the same
to petitioner constitutes a valid ground for a declaration of nullity of
marriage with the respondent pursuant to article 45 of the Family Code;
13. That finally, the petitioner has therefore no other recourse but to
seek judicial relief. The prospects or possibility of respondent get well
from the said illness 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.
City of Manila, June 4, 2024.
VILLANUEVA LAW
OFFICES
By:
______________
Atty. Harvey Villanueva
Commission Serial No. 14344
Until December 31, 2018
2
Roll of Attorney 34555
IBP. No.2222/January 1, 2005/Manila
P.T.R. No. 2223/January 1, 2016
Roll No. 2256
3
VERIFICATION-CERTIFICATION
ON NON-FORUM SHOPPING
I, Berto Berdugo, of legal age, Filipino citizen, resident of 143

Dapitan Street, Manila, 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.
Manila, Philippines, June 4, 2024.
_____________
Berto Berdugo
Affiant
SUBSCRIBED AND SWORN to before me this 4th day of June, 2024

at Manila. Affiant exhibited to me his Filipino Passport No. 12532 issued
at Manila.
Atty. Edward Carino

Commission Serial No. 14344
Until December 31, 2024
Roll of Attorney 34555
IBP. No.2222/January 1, 2005/Manila
P.T.R. No. 2223/January 1, 2016
Roll No. 2256
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2024.

VILLANIEVA - Petition For Annulment

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

-versus- Civil Case No. __________

1. That petitioner Berto Berdugo is of legal age, married, Filipino

2. That respondent Bea Berdugo is likewise of legal age, married,

3. That petitioner and respondent celebrated their marriage on

4. That petitioner and respondent have three children. They have

5. That petitioner met the respondent sometime in 1998 in City of

7. That as early as February of 2003, the respondent have noticed

11. That further, respondent’s failure to communicate to the petitioner

WHEREFORE, after trial, it is respectfully prayed that this

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

2. Ordering the Local Civil Registrar and the National Statistics

City of Manila, June 4, 2024.

I, Berto Berdugo, of legal age, Filipino citizen, resident of 143

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

2. That I caused the preparation and filing of the foregoing Petition;

4. That I hereby certify under oath that I have not heretofore

Manila, Philippines, June 4, 2024.

SUBSCRIBED AND SWORN to before me this 4th day of June, 2024

Atty. Edward Carino

Doc. No. _____;

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