Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 04
(FAMILY COURT)
Tuguegarao City

NADINE LUSTRE REID,

Petioner,
Civil Case No. _________
-versus- For: Declaration of Nullity of Marriage
Marriage
JAMES MARQUINEZ REID,
Respondent,
x----------------------------------------x

PETITION
Petitioner Nadine Lustre-Reid, through the undersigned counsel, unto the Honorable
Court, most respectfully states that:

1. Petitioner is of legal age, Filipino, married to respondent, self-employed, and has

been for more than six (6) months, a resident of 24 Kobe Street, Ugac Sur,
Tuguegarao City where she may be served with orders, notices, and other court
processes;

2. Respondent is likewise of legal age, Filipino, married to petitioner, and presently

residing at 2 Gigi Street, Carig Sur, Tuguegarao City, Cagayan where he may be
served with summons, orders, notices, and other court processes;

3. Petitioner and respondent contracted marriage on 08 August 2003 in

Tuguegarao City under a regime of absolute community of property; (Attached as
Annex “A” is a copy of their Certificate of Marriage)

4. Prior to their marriage, petitioner and respondent started as friends;

5. One day, out of alcohol intoxication, the two turned sexually intimate and became
instant lovers;

6. More sexual tryst followed until petitioner got pregnant and the two were forced
to get married and initially settled at petitioner’s family house;

7. Because of petitioner’s delicate pregnancy condition, she had to stop working

and since respondent was jobless, they had to depend totally on the financial
support coming from their parents;

8. At the early stage of their marriage, petitioner immediately noticed immaturity,

dishonesty, violence, insensitivity, and lack of respect and sense of responsibility
on the part of respondent as he would give preference to his own interest;

9. Though respondent later worked as a tricycle driver, he failed to surrender his

earnings because he continued with his vices;

10. He was into drugs, alcohol, video games, gambling, and other vices;

11. On March 30, 2004, the couple’s first child Jadine was born; (Attached as Annex
“B” is her Certificate of Live Birth)
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12. Five years later, on 23 July 2009, their second child James Jr. was born;
(Attached as Annex “C” is his Certificate of Live Birth)

13. Despite having two children, respondent did not mend his ways;

14. He would rather drink and do drugs with his friends or spend time in a computer
shop and gamble, than work or stay at home to take care of the children;

15. Worse, petitioner discovered that respondent was maintaining a relationship with
another woman named Issa Pressman;

16. When petitioner confronted the two, respondent chose to be with his mistress
over his family;

17. Since then, respondent did not show up;

18. Eventually, petitioner learned that respondent and her mistress are living in Carig
Sur, Tuguegarao City, and now have a son named Jamesy; (Attached as Annex
“D” is their Family Picture)

19. In her desire to dig into the cause of the failure of their marital relation, petitioner
consulted a psychiatrist;

20. It was then that she learned that she and the respondent have been suffering
from serious and incurable personality disorders which had started to evolve
since conception but only manifested in their late adolescence or early childhood
wherein they have started creating relationships with other people outside their
families;

21. The Passive-Aggressive Personality Disorder found in the petitioner and the Anti-
Social Personality Disorder found in the respondent make them psychologically
incapacitated to take cognizance and perform their essential marital obligations,
such as, to live together as a responsible spouse to each other, to observe
mutual love, respect and fidelity, to render mutual help and support, and to raise
and maintain a functional family; (Attached as Annex “E” is a copy of
Psychological Report);

22. Furthermore, as far as Petitioner is concerned, herein parties did not acquire any
conjugal property;

23. It thus appears that it will be for the best interest of both parties that their
marriage be declared null and void ab initio;

24. Pursuant to A.M. No. 02-11-10, copies of the (1) sworn certificate of residency
(with house location sketch) issued by the Office of the Punong Barangay of
Ugac Sur, Tuguegarao City, (2) sworn statement of undersigned counsel that he
personally verified petitioner’s residency and that the petitioner had been residing
thereat for at least six (6) months, and (3) the driver’s license of herein petitioner
bearing her photograph and address, together with its corresponding Official
Receipt issued on 23 June 2017 that served as her temporary license, are
attached herewith to prove petitioner’s residency at Ugac Sur, Tuguegarao City
for more than six (6) months.

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 PRAYER

WHEREFORE, in view of the foregoing, it is most specially prayed unto this

Honorable Court that after due notice and hearing, judgment be rendered granting the
instant Petition and declaring the marriage between Petitioner and Respondent null and
void on the ground of Respondent’s psychological incapacity as provided under Article
36 of the Family Code, and adjudicating all other legal effects of the decree of nullity if
their marriage.

Petitioner further prays for such other reliefs as may be deemed just and
equitable.

Tuguegarao City, Cagayan.

02 February 2020.

ATTY. LORNA HAPUNAN

Counsel for the Petitioner
Unit 666 Illuminati Building, Caggay
Tuguegarao City Cagayan
Roll No. 71428
PTR No. 2456783: 1/29/2020 Tug City
IBP No. 038514; 01/11/2020 Tug City
MCLE Compliance No. VI- 1243889