Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch 42
Pinamalayan, Oriental Mindoro
-oOoJACKY CARAAN DE GUZMAN,
Petitioner,
CIVIL CASE NO.
CV 3274-15G
- versus
Nullity of
Marriage
RINA HERNANDEZ BUNYI DE GUZMAN,
Respondents,
x-----------------x

MOTION TO INVESTIGATE FOR COLLUSION OF

THE PARTIES

COMES NOW, the Petitioner through undersigned counsel,

unto this Honorable Court most respectfully states:

1.

That a petition for Nullity of Marriage was filed in this court

on 07 July 2014;

2.

That on __________________, summons has been duly served

via personal service to the respondent by the Sheriff of this
Honorable Court according to the records of this case;

3.

That the 15-day period within which the respondent is

supposed to file his answer lapsed on _______________ 2015. That

Page 2 of 4

until now, no answer was filed by the respondent and therefore an

order for investigation of collusion is proper;

4.

That pursuant to Sec 3(e), Rule 9 of the 1997 Rules of Civil

Procedure and in relation to Art. 48 of the Family Code and Sec. 8
and 9, Rule on Declaration on Absolute Nullity of Void Marriage,
the state will conduct its investigation whether or not a collusion
of the parties exists and to intervene in behalf of the state in
order to see that evidence is not fabricated or suppressed;

5.

That petitioner submits himself for an investigation for

possible collusion and moves that an Order be issued directing
the Office of Solicitor General through the Provincial Prosecutor to
conduct an investigation for possible collusion of parties.

THE PRAYER

WHEREFORE, premises considered, petitioner moves that an

Order be issued directing the Office of Solicitor General through
the Provincial Prosecutor to conduct an investigation for possible
collusion of parties.

Other just and equitable remedies are likewise prayed for.

Page 3 of 4

Calapan City for Pinamalayan Oriental Mindoro, Philippines, 20

November 2015.

ATTY. HOSPICIO I. LAYGO, JR.

Counsel for the Petitioner
IBP No. 956825/01-05-15-Oriental Mindoro
PTR No. 6094114/01-05-15-Calapan City
Roll of Attorneys No. 59679
MCLE Compliance No. IV-0018669, April 18, 2013
330 Encarnacion St., Camilmil
Calapan City, Oriental Mindoro
09204024716
(043) 286 7616
attypyke@gmail.com

NOTICE OF HEARING
The Branch Clerk of Court
RTC Branch 42 Pinamalayan, Oriental Mindoro
Greetings:
Please set this motion for hearing on 01 December 2015 at 9
a.m. if convenient with the court's calendar or without need for
further hearing in view of the circumstances mentioned above.

ATTY. HOSPICIO I. LAYGO, JR.

EXPLANATION
This pleading is not served personally because the address
of the Office of the Solicitor General and the Respondent due to
distance and lack of personnel to effect personal service.
However, the Office of the Provincial Prosecutor was served
personally.

Page 4 of 4

ATTY. HOSPICIO I. LAYGO,

JR.

Copy Furnished:

THE SOLICITOR GENERAL

Office of the Solicitor General
134 Amorsolo St., Legaspi Village
1229 Makati City

OFFICE OF THE PROVINCIAL PROSECUTOR

Hall of Justice, Mabini St.
Pinamalayan, Oriental Mindoro

RINA BUNYI DE GUZMAN

Babangonan, Victoria, Oriental Mindoro