ALICE GAY K. INSO -versus- BRANDON S. MEMEG

Republic of the Philippines
REGIONAL TRIAL COURT, BRANCH 9
(FAMILY COURT FOR BENGUET PROVINCE)
FIRST JUDICIAL REGION
La Trinidad, Benguet

ALICE GAY K. INSO,
Plaintiff,

-versus-

BRANDON S. MEMEG,
Defendant,

CIVIL CASE NO. 14-F-2190

For:
DECLARATION OF NULLITY OF MARRIAGE

SUMMONS BY PUBLICATION

WHEREAS, plaintiff through counsel filed this verified complaint in this Court on July 25, 2014 quoted as follows:

COMPLAINT

With all due respect to the Honorable Court, plaintiff by counsel respectfully avers that:
1. Plaintiff is of legal age, married, Filipino and a resident of FA050 Cabanao, BSU Compound, La Trinidad , Benguet, where she has been residing for more than six (6) month prior to the filing of this complaint; while defendant is likewise of legal age, married, Filipino and a resident of 585 Gibraltar Road, Baguio City, where he may be served with summons and other court processes;
2.Plaintiff and defendant met sometime in 1997 in Sagada, Mountain Province, where both parties were attending the wedding of their relatives. The parties became lovers a year later and what ensued for the next ten years was a complicated relationship but somehow, the parties made the wrong decision of getting married;
3.Plaintiff and defendant were married January 3, 2008 before Judge Delilah N. Gonzales-Munoz of MTC La Trinidad, Benguet, copy of the Marriage Contract attached as annex “A” ;
4.Thereafter, the parties live as husband and wife and stayed in Norway where both parties were then working;
5.During their marriage both parties exhibited immaturity and psychological incapacity which is permanent, incurable and grave personality disorder;
6.On the part of the defendant, he exhibited a permanent, incurable, and grave personality disorder, which condition prevented him from fully appreciating and complying with his essential marital obligations, as manifested by, but not limited to the following:
a) Defendant is extremely attached to his family so much so that he is preoccupied on how he can help hisfamily rather than attending to his obligations to his wife and soon to be children;
b) While defendant is employed and earning modest income, the plaintiff was solely responsible for herself, and defendant’s earnings are being kept and spent by him as he pleases;
c)Defendant has the strange attitude of not making effort to help or alleviate the stress, or other form of sufferings of the plaintiff as his wife, but is willing to spend all his time, effort and resources to help other people in need;
d)Defendant exhibits manifest attraction to any beautiful woman he comes close to and even in the presence of his wife, he can’t help himself but show his interest in other women;
e)Defendant often indulge in too much alcohol even inside their apartment which he does every day after coming home from work, thereby resulting in frequent quarrels;
f)Defendant became extremely arrogant towards the plaintiff, he always quarreled with the plaintiff without apparent reason;
g)Defendant often times speaks to the plaintiff in unnecessarily high tone of voice, instead of intimate tone appropriate for husband and wife;
h)Whenever plaintiff is not with him, he always suspects that plaintiff is having an affair with another man;
i)Defendant exhibited violent and raging temper towards the plaintiff even to the extent of physically attacking the plaintiff by throwing whatever objects he gets hold of, so much so that he had totally disregarded his wife’s needs and sensibilities and failed to give the love and affection that would have cemented their relationship;
j)Defendant, for unknown reason, wrongfully accused the herein plaintiff of taking large amount of money supposedly deposited in a joint account, but the truth is there was no joint account of the parties because as mentioned above, each of the parties kept their own money, and settle their respective liabilities;
7. On the part of the plaintiff, she also exhibited permanent, incurable, and grave personality disorder, as manifested by, but not limited to the following:
a)While plaintiff may have initially married defendant out of love yet she failed to sustained her relationship with the defendant by continuous shower of kind understanding and support rather than confronting the defendant with antagonism and vindictiveness whenever they have misunderstanding;
b)Whenever they have serious quarrel, plaintiff often simply absorbed everything to the point of falling into extreme depression, rather than confronting the problem directly;
c) Plaintiff failed to share her predicament with the people close to her or even to the defendant, and chose to solely bear the burden she was experiencing, which made the situation extremely serious;
d)In the end plaintiff was defeated by stress, pressure, and hatred and broke her will, thereby putting the relationship in an irreversible condition;
8.Plaintiff was forced to spend some time alone and became desperate which eventually led to a more violent quarrel between the parties.
9.It is clearly shown that the psychological incapacities of the parties existed before the marriage, which psychological incapacity is grave, permanent, incurable, and has prevented them from complying with their marital obligations and that they will never be able to comply with their marital obligations towards each other;
10.The misunderstanding became extremely bitter that the parties were forced to live separately. The plaintiff went home to her parents in Sagada, Mountain Province while defendant was left in Norway;
11.Defendant is apparently having an affair with another woman, but plaintiff is so frustrated and depressed that she don’t feel the need to confront him;
12.For more than six(6) years of marriage, the herein parties were unable to bear a child, which further aggravated the feeling of inadequacies between the parties;
13.There is absolutely no hope for reconciliation as both parties fail or refuse to recognize their inadequacies;
14.The parties have acquired no conjugal real properties and other properties of value;
15.The plaintiff now seeks the said of the Honorable Court so that after due notice and hearing, the marriage contracted by the parties be declared null and void pursuant to Article 36 of the Family Code of the Philippines;
WHEREFORE, it is respectfully prayed that upon due notice and hearing, judgment be rendered declaring the marriage between plaintiff and defendant as null and void in accordance with Article 36 of the Family Code of the Philippines, thereby releasing the parties from their marital bond.
Other reliefs just and equitable und the premises likewise prayed for.
14 July 2014, Baguio City for La Trinidad, Benguet.

(SGD.) JERRY APSE MARAVE
Counsel for the Plaintiff
Roll No. 44752, 5-12-99, Manila
IBP Lifetime Member No. 03449, Baguio-Benguet PTR No. 3168865, 1-08-13, Tuba, Benguet
Rm. 1, 4th Floor, D Restaurant Building. Dangwa Terminal, Baguio City
MCLE Compliance No. IV-1651

VERIFICATION/ CERTIFICATION

I, ALICE GAY K. INSO, of legal age, married, Filipino and a resident of Cabanao, BSU Compound, La Trinidad, Benguet, under oath depose and state that:
1.I am the petitioner in the above case, have caused the preparation of the foregoing petition, have read and understood the same and all the allegations therein are true and correct to the best of my personal knowledge and based on documents in my possession.
2.I further certify that I have not commenced any other action or petition involving the same issue in court, tribunal quasi-judicial agency and to the best of my knowledge, no such other petition is pending there in, and if I should thereafter learn that the same or similar action or claim is pending, I shall report that within five (5) days therefrom to this court.
3.I am executing this affidavit to attest to the truthfulness of all the foregoing statements.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of June 2014 at Baguio City, Philippines.

(Sgd.)ALICE GAY K. INSO
Affiant
PhilHealth ID NO. 04-025077656-1
CTC NO. 13490970
Issued on 6-28-14
At La Trinidad, Benguet

SUBCRIBED AND SWORN TO before me this 28th day of June 2014 at Baguio City, Philippines
Doc. No. 433:
Page No. 86:
Book No. XIV:
Series of 2014.

(Sgd.) JERRY APSE MARAVE
Notary Public
Until December 31, 2015 (50-NC-14-R) Baguio
PTR No. 3168865, 1-08-13, Tuba, Benguet Rm. 1, 4th Floor, D’ Restaurant Building, Dangwa Terminal, Baguio City

NOW THEREFORE, you the respondent, BRANDON S. MEMEG with last known address at 585 Gibraltar Road, Baguio City, Philippines is hereby summoned through this medium of publication and required to file with this Court your responsive pleading and /or Answer to the above-quoted petition within thirty (30) days from last publication, serving at the same time a copy of your responsive pleading and/or Answer upon petitioner’s counsel Atty. Jerry A. Marave, Rm. 1, 4th Floor, D’ Restaurant Building, Baguio City, Philippines, and your failure to do so within the period herein prescribed will enable the plaintiff to take judgment against you and demand from this Honorable Court the remedies and relief prayed for in his petition.
Let summons be published at the expense of the plaintiff in the Junction Newspaper, a newspaper of general circulation in Baguio and Benguet Province pursuant to Sec. 6 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, once a week, for two (2) consecutive weeks.
Furthermore, let a copy of this summons together with the copy of petition and the order dated January 28, 2015 be deposited with the Capitol Postal Office, postage pre-paid by registered mail directed to the defendant, BRANDON S. MEMEG at his last known address at 585 Gibraltar Road, Baguio City, Philippines.
WITNESS THE HONORABLE FRANCIS A. BULIYAT, SR., presiding judge of this Court, this 29th January 2015 at La Trinidad, Benguet.

By:(sgd)ATTY. LINDA BADING-GUMABOL
Branch Clerk of Court
Publication Dates : January 31 and February 7, 2015