Professional Documents
Culture Documents
-versus-
PETITION
COMES NOW, the petitioner, Leonilo Antonio, by counsel,
and unto this Honorable Court, MOST RESPECTFULLY AVERS,
THAT:
1. The petitioner, LEONILO ANTONIO, is of legal age, Filipino
citizen, married and a resident of 7685 Salcedo Street, Legaspi
Village, Makati City.
2. The respondent, MARIE IVONNE F. REYES, is of legal age,
Filipino citizen, married and a resident of 7685 Salcedo Street,
Legaspi Village, Makati City.
3. The petitioner and met in August 1989 when petitioner was 26
years old and respondent was 36 years of age.
4. Barely a year after their first meeting, they got married before a
minister of the Gospel1 at the Manila City Hall, and through a
subsequent church wedding2 at the Sta. Rosa de Lima Parish,
Bagong Ilog, Pasig, Metro Manila on 6 December 1990.
Attached as Annex A hereof is a copy of the
Certificate of Marriage of the parties.
5. Out of their union, a child was born on 19 April 1991, who sadly
died five (5) months later.
1
Solemnized by Rev. Victor M. Navarro, Minister of the PCCC, Las Pias, Metro Manila.
Rollo, p. 86.
and wife as well as Articles 220, 221, and 225 of the same
Code in regard to parents and their children.
g. Interpretations given by the National Appellate Matrimonial
Tribunal of the Catholic Church in the Philippines, while not
controlling or decisive, should be given great respect by our
courts.
h. The trial court must order the prosecuting attorney or fiscal and
the Solicitor General to appear as counsel for the state. No
decision shall be handed down unless the Solicitor General
issues a certification, which will be quoted in the decision,
briefly stating therein his reasons for his agreement or
opposition, as the case may be, to the petition.
The party alleged to be psychologically incapacitated does not need
to be personally examined by a physician or psychologist:
In Marcos vs. Marcos, 343 SCRA 755 (2000), the guidelines do
not require that a physician examine the person to be declared
psychologically incapacitated - what is important is the presence of
evidence that can adequately establish the partys psychological
condition, for indeed, if the totality of evidence presented is
enough to sustain a finding of psychological incapacity,then actual
medical examination of the person concerned need not be
resorted to.
Correspondingly, in the instant case of Ngo Te v. Yu-Te, G.R. No.
161793, 13 February 2009, the presentation of expert proof
presupposes a thorough and in-depth assessment of the parties
by the psychologist or expert, for a conclusive diagnosis of a
grave, severe and incurable presence of psychological incapacity.
PRAYER
WHEREFORE, the above premises considered, it is respectfully
prayed of this Honorable Court after hearing on the merits, that:
a. The petitioners marriage to respondent be declared null and
void.
Other reliefs just and equitable under the premises are likewise
prayed for.
City of Makati, March 8, 1993.
VERIFICATION/CERTIFICATION
I, LEONILO ANTONIO, of legal age, married, Filipino, and a
7685 Salcedo Street, Legaspi Village, Makati City, after being
duly sworn in accordance with law, depose and state:
1. That I am the petitioner in this case and that I have caused the
preparation of the same petition;
2. that I attest to the truth of all the allegations in the same petition of
my own personal knowledge;
3. That I have read all the contents thereof;
4. That the allegations constrained therein are true and correct of
my personal knowledge
5. That I have not commenced any other action or proceeding
involving the same issues or matter in any court, tribunal or quasijudicial agency and, to the best of our knowledge, no such action
or processing is pending therein,
6. That if I should thereafter learn that the same or similar action or
proceeding has been filed before the Supreme Court, Court of
Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such within five (5) days therefrom to the
court wherein the original pleading and sworn certification
contemplated herein has been filed.
LEONILO ANTONIO
Affiant
Social Security System No. 27485972837
Issued in Makati City