Professional Documents
Culture Documents
Dayanghirang
2016-80065
Cesar Cruz,
Respondent,
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MEMORANDUM
The petitioner, Linda Manansala Cruz, through counsel, respectfully states:
slapped petitionere on her face. She had no choice but to get up and buy him
three bottles of San Miguel Pale Pilsen. The next morning, respondent
apologized. He said he was just very drunk and upset that his grandfather
died.
5. When they were okay, respondent asked her husband if they could move
from his mothers house and proposed that she would pay for their rent
espense. She got surprised when respondent and said that he is not inutile.
He claimes that his mothers house ie enough for the both of them.
Respondent got angry, and held her arm tightly. He raised his voice and said
that he is not inutile. Petitioner begged he husbang to remove his hand
because it will bruise, the respondent did not do so.
6. On July 2007, respondent went home drunk at 4:00 AM and ordered his wife
to cook food for him. Petitioner refused since she needs to rest because her
shift runs until 12, and only got home at 2 AM. Respondent then pulled the
petitioner forcefully from bed to the door which almost broke petitioners
hand. Respondent was stronger and bigger than the petitioner, the husband
was 58 while petitioner was only 50 tall. Petitioner cooked instant noodles
for him but as soon she gave it to her husband, respondent poured the hot
noodles to her. The respondent told his wife that he has no respect for him
because she earns money and he does not. Petioner then prepared fried egg
and rice for the respondent. She went to theie nearby clinic and it was found
out that she suffered. Even thought the petitioner was exhausted, she still
cooked fried rice and egg for her husband. Petitioner went to a doctor and
based on the findings, she suffered second degree burns on her chest and left
arm. Attached as Annex B hereof is a copy of the Medical Certificate.
7. The respondents mother comforted the petitioner and tried to convience the
respondent to be kinder to his wife. She also convienced the respondent to
find a job. The respondents mother explained that his son has Oppositional
Defiance Disorder (ODD) because of being in a broken family. Annex C
hereof is a copy of the Medical Certificate
8. On April 2009, petitioner asked respondent to come with her to her
grandmothers wake. Respondent said that he was not feeling well. On that
morning, she saw her husband go out of the house and visit their neighbor,
Arnold De Leon. Respondent went home at 1PM and smelled like gin.
Respondenst said that Wala kang kwenta, puro pagbunganga lang ang
alam mong gawin. Akala mo kung sino ka, E kaya naman tayo buhayin ni
nanay! Respondent added that he hates her.
9. After sometime, repondent took his mothers proposal. His mother paid for a
rental room near SM San Lazaro at 78-B Elena St., San Lazaro, Manila. On
December 2009, petitioner bought respondent decent clothes and shoes to
wear in his job interviews and eventually landed a job on March 2010.
Petitioner observed that her husband does not go to work regularly, one time
she visited his mother and to her surprise her husband was there, respondent
claimed that it was his day off. On June 2010, petitioner confronted
respondent if he was already terminated. Respondent got angry, and
answered that he was never employed. He just pretended that he went to
work so he can get away from petitioner and her nagging. They fought, and
respondent would hit his wife on her stomach. Petitioner suffered physical
abuses from her husband consistently. Respondent said that he had enough
of hers nagging, and forcing him to work when his allowance from his
mother was enough for the both of them. Petitioner begged him to not leave,
but he left and went to his mothers house.
10.According to the petitioner, her husband was not ready for having children.
When Luzviminda visited them with her three children, respondent shouted
because the children were very noisy while watching television. She also
confessed that her husband only touched her once a month and was too
quick.
11.In the span of nine years of marriage, respondent did not take any effort in
order to find a job, and perform his essential marital obligations. Instead, he
kept on battering his wife, and made her suffer from his being
psychologically incapacitated partner. A span of nine years proved that this
is so grave and permanent. Marriage entered by the petitioner and
respondent can be categorized as void ab initio since the latter was
psychologically incapacitated before the wedlock.
THE ISSUES
I.
Whether or not the Marriage between Linda Manansala Cruz and Cesar
Cruz is void ab initio on the ground of psychological incapacity
manifested by the respondent.
II.
ARGUMENTS
I.
WITH
THE
ESSENTIAL
MARITAL
OBLIGATIONS
OF
MARRIAGE.
Article 68 of the Family Code is very categorical on the rights
and obligations of husbands and wives as it succinctly puts:
Article 68 The husband and the wife are obliged to live
together,
observe mutual love, respect and fidelity, and render mutual
help and support.
Clearly, respondent was not able to comply with it, further, not
only is respondent irresponsible but he is psychological incapacitated
PRAYER
WHEREFORE, premises considered, petitioner Linda Manansala
Cruz respectfully prays the Court to render judgement:
Declaring the marriage between Linda Manansala Cruz and Cesar Cruz as
void ab initio.
Ordering respondent Cesar Cruz to pay petitioner moral damages of PHP
300,000 and attorneys fees of PHP 150,000.00 including appearance fee for
counsel amounting to PHP 25, 000.00.
Petitioner prays for other reliefs as may be deemed just and equitable in the
premises.
Manila City, Philippines, this 15th day of January, 2017.
Copy furnished:
GODRIC GRIFFINDOR LAW OFFICE
#4 Privet Drive Little Whinging, Manila, Philippines
ATTY. ANNA MARIE B. DAYANGHIRANG
Counsel for the Respondent
PTR No. 1111111:1-11-01:B.C.
IBP No. 222222-22-22:B.C.
EXPLANATION
In view of time and manpower restrictions, the above Memorandum was
served via registered mail as personal service could not be availed of without
causing undue hardship to plaintiff.
ATTY. RENZ MATTHEW I. CUNNINGHAM
Counsel for the Petitioner