SUMMONS BY PUBLICATION

>> Thursday, March 9, 2017

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

ELLAH MANALOG-BASQUIAL,
Petitioner,      
     CIVIL CASE NO. 17-F-2418
- versus —



KELVIN BRUCE B. BASQUIAL, Respondent.
x ---------------------------------  x

FOR:
DECLARATION OF
NULLITY OF MARRIAGE


SUMMONS BY PUBLICATION

WHEREAS, plaintiff through counsel filed this verified complaint in this Court on January 12, 2017 quoted as follows:

PETITION

COMES NOW the Petitioner by and through the undersigned counsel, unto the Honorable Court, and most respectfully states:

1.     Petitioner is of legal age, married, Filipino citizen, with residence address at DA 214 Lower Tomay, Bahong, La Trinidad, Benguet. She has been a resident of Barangay Bahong for at least nine (9) years prior to the filing of this Petition. A copy of a certification of her residency is attached as ANNEX "A". The respondent is of legal age, married, Filipino citizen, with permanent address at DA 214 Cavanao, Shilan, La Trinidad, Benguet, where he may be served with summons and processes from the Honorable Court.

2.     The parties were married in civil ceremony on 24 August 2007, in Sagada, Mountain Province as shown by their Certificate of Marriage, a copy of which is attached as ANNEX “B”.

3.     The parties have two daughters, namely: RIHANNA NICOLE M. BASQUIAL who was born on 4 November 2007, and RICHELLE NATALIE M. BASQUIAL who was born on 19 January 2009. Their certificates of birth are attached as ANNEX "C" and "D", respectively.

4.     The petitioner and the respondent met in June 2002 at the Benguet State University, La Trinidad, Benguet where they both pursued their Bachelor of Science in Nursing. They started dating in February 2006. This developed into an intimate relationship, and in March 2007, the petitioner learned that she was pregnant. While the respondent knew about this pregnancy, he refused to talk about it. The petitioner got out of her way to inform the respondent's parents that she was pregnant. The petitioner, upon informing her future parents-in-law, stayed in the latter’s house even as the respondent avoided her. Eventually, the parties talked and they agreed to be married. They had their wedding in Sagada Mountain Province on 24 August 2OO7.

5.     Their marriage started off like any normal couple. The petitioner stayed home after the wedding as she was pregnant with their first child. She had her second baby very soon after and thus, she continued to stay home. The respondent was then employed as an instructor at the Benguet  State University College of Nursing. Early on, the respondent would go home late after drinking with his friends. These incidents which became more frequent ended in arguments between the parties.

6.     The respondent got more involved in his work. The petitioner would complain to him for not responding to her (petitioner's) text messages. On the other hand, the respondent made it clear that he did not like being asked about his activities and his whereabouts, which made [he petitioner think of the possibility that the respondent may be playing around. The petitioner confronted the respondent if he was being involved with other girls which the latter denied.

7.     When the petitioner learned that she was pregnant with her second child, she decided to have the baby delivered in the local hospital in Sagada, Mountain Province to ensure that her parents would be around to help her out. The couple's second child was born on in January 2009. Prior to that, the respondent never responded to the text messages of the petitioner. To get back at his failure to communicate to her, the petitioner instructed her mother not to inform the respondent that she (petitioner) was already in the hospital awaiting the delivery of the second baby. At first` the respondent would send diapers and milk, and would regularly communicate with the petitioner. This was short lived however after a few weeks. The respondent would not respond to text messages sent by the petitioner and that he sometimes defaulted in sending diapers and milk. After some weeks, the respondent and his parents arrived in Sagada for a visit. The petitioner went back with them to La Trinidad the next day.

8.     The respondent did not reform even after the birth of their second child. He frequently arrived home late from drinking sessions with his peers. There were times that he was home at 5 or 6 o'clock in the morning. At times, he would sleep in his Tita Loida Capones` house which was just next door to avoid being interrogated by the petitioner. The respondent's irresponsible attitude end indifference towards his wife and children was always a source of argument. The verbal fights later turned physical.

9.     Sometime in 2010 in their residence at Lower Tomay, Bahong, La Trinidad, Benguet, the respondent grabbed the petitioner's chin and pressed his fingers on the latter's cheeks. On other occasions, the respondent would slap and kick the petitioner during arguments. The petitioner regrets not having reported these incidents to the police authorities and not having submitted herself to medical check-ups. She was afraid the respondent might desert her or do something more violent towards her in case she reported the physical abuses to the authorities.

10.  There was one incident however which happened sometime in August 2013, two (2) months before the respondent left for Oman. It started with an argument. In the heat of the argument, the respondent attempted to stop the petitioner from talking, and so he tried to grab the latter's face. In the process, the respondent caused several scratch wounds on petitioner's face. The respondent thereafter pulled the petitioner around the house and in the struggle, the latter bumped into chairs and walls end on the edge of the bed. This happened in the children's presence. The petitioner took photographs of her bruises and hematoma after that incident. Attached as ANNEX “E” are the photographs.

11.  The quarrels between the parties became more frequent. At certain times during the period 2009 to 2012, Olive Jet Manalog Garcia (the petitioner's younger sister) was present and  witnessed the couple's fights. Olive was then a university student in Nueva Ecija and would usually visit during the semestral breaks.

12.  The respondent left for Oman on October 18, 2013 to work as a nursing school instructor. He sent about P25,000.00 to P30,000'00 monthly for support. This was hardly sufficient to cover for all the expenses especially after the children were enrolled in a private school. To augment the needs of the family, the petitioner took on two (2) online jobs teaching English language and transcription. She worked on these online jobs from 2011 up to April 2015 earning  range of P15,000.00 to P20`000.00 monthly. In January 2015 she took up a volunteer job as a nurse and so her online job had to take a backseat. She stopped being a volunteer nurse in January 2016 and took up some online jobs again.

13.  On July 12, 2014` the respondent arrived in the Philippines for a vacation. The petitioner was happy and excited at the prospect of being with her husband after several months, and so she was with the group which fetched the respondent at the international airport in Manila. She was however met with indifference by the respondent. During his stay, he exhibited indifference towards the petitioner which hurt the latter so much. During the duration of his stay which lasted for more than one month, the parties made love only once.

14.  It was while the petitioner was unpacking the respondent's luggage that she saw a lady's shirt among the latter's things. The petitioner asked why the said piece of clothing was in his luggage but the respondent merely shrugged it off. In the afternoon, the petitioner talked to the respondent asking if he was involved with another woman named Grace who was also in Oman. She even said that she was willing to forgive him even if there was a child involved. The respondent kept quiet but never made any denial.

15.  The petitioner later found a way to get in touch with Grace and asked her if she (Grace) and Kelvin had an affair. Grace didn't deny or admit the affair but she mentioned that whether Kelvin and the petitioner would fix things, she (Grace) will still be there for him. To the Petitioner, this confirmed her suspicions of the affair. Even while Kelvin was at home, he would openly chat with Grace on Facebook. The respondent even showed to the petitioner his Facebook notifications showing Grace liking all the pictures he posted. Despite these revelations, the couple when in the presence of family and friends - that everything between them was fine. While the petitioner was hurting, she went along in the belief that she needed to protect the respondent.

16.  The respondent left for Oman on August 22,204leaving the petitioner feeling so empty and deserted. During that short vacation` petitioner did not feel any affection, love or respect from her husband who would rather be out with his friends drinking.
THE RESPONDENT IS PSYCHOLOGICALLY INCAPACITATED TO COMPLY WITH HIS ESSENTIAL MARITAL OBLIGATIONS.
14. The Respondent has never come to gripes with his responsibilities as a spouse, in accordance with the provisions of the Family Code, to wit: [a] to live together, [b] observe mutual love, [3] respect and fidelity, and [d] render mutual help and support' .

15. Theo psychological incapacity is manifested as follows:
A.  The respondent's failure to love and care for the petitioner. He treated the petitioner with indifference and apathy and hardly showed any affection. He was more drawn towards his peers than his wife and children - choosing to spend more time with his friends and repeatedly going home very late at night or\n the early morning.

B.  The respondent openly showing care for another woman unmindful of the Psychological and emotional hurt which the petitioner was going through. `

C.  The respondent's failure to treat the petitioner with respect as shown in how
he repeatedly verbally and physically abused the latter. He had no qualms of committing these abuses in the presence of their children and on several occasions, in the presence of the petitioner's sister OLIVE JET MANALOG GARCIA.

D.   While the respondent gave financial and material support, it was hardly enough to meet the reasonable expenses of the children.


16.  The petitioner has suffered emotionally and psychologically as a result of the respondent's treatment of her. The respondent's abusive behavior towards the petitioner, his apathy and indifference and his lack of empathy, and his lukewarm attitude to provide support manifest how he failed to perform his marital obligations towards his wife as provided for in Articles 68-7, 220, 221 and 225 of the Family Code.

17.  The respondent's psychological incapacity existed at the time of the marriage. Its grave and incurable and can be clinically proven by  an expert witness.

18' The petitioner, on the other hand, is not blameless. Out of her love and affection for the respondent, the petitioner played along - choosing not to confront the issue of the petitioner's infidelity and indifference to their marriage.


PRAYER

WHEREFORE, it is most prayed that the Honorable Court GRANT this Petition and DECLARE marriage between the Petitioner and the Respondent as VOID on the  ground of psychological incapacity on the part of the Respondent and/or Petitioner under Article 36 of the New Family Code.

It is also prayed unto the Honorable Court that permanent custody of the minor children R1HANNA NICOLE M. BASQUIAL and RICHELLE NATALIE M. BASQUIAL, be given to the Petitioner. Other reliefs as are just and equitable under the circumstances are likewise prayed for. This loth day of January 2017, at Baguio City, Philippines for La Trinidad, Benguet.




(Sgd.) FRANCISCA MACLI1NG CLAVER
Counsel for Petitioner
Rm 4A Second BBCCC Building
Assumption Road, Baguio City
PTR No. 2955577; 01/09/17
Roll No. 43004;5/4/98; Manila
113P Lifetime Membership No. 04371
TIN No. 173-565-173
Mobile No. 09285502067
MCLE Compliance No. V-0008676


                                     
1 Article 68, Family Code.


VERIFICATION and CERTIFICATION

1, ELLAH MANALOG BASQUIAL, of legal age, married, Filipino and with residence address at DA 214 Lower Tomay, Bahong. La Trinidad, Benguet, after having been sworn according to law, hereby depose and state that:

1.       I am the Petitioner in this case.
2.     I have caused the preparation of the foregoing Petition. 1 have read the same and hereby affirm that the allegations therein are true and correct to the best of my personal knowledge and based on authentic records.
3.        1 certify that, I have not theretofore commenced any other action involving the same issues in any court, tribunal or quasi-judicial agency and to the best of my knowledge, no such action or claim is pending therein.
4.      If there is such other action or proceeding, I will state the status of the same; and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof or any other tribunal or agency, I undertake to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) day therefrom.
5.     1 am executing this affidavit to attest to the truth of the foregoing and for all legal intents and purpose the same may serve.


IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January 2017, at Baguio City, Philippines.




(Sgd.) ELLAH MANALOG BASQUIAL
PRC ID No. 0429455
Valid until 12/20/2017


SUBSCRIBED AND SWORN to before me this 10th day of January 2017, at Baguio City, Philippines, affiant exhibiting to me her identification card which shows her photograph and signature.

Doc. No. 01; Page No. 01; Book No. X; Series of 2017.
(Sgd.) FRANCISCA MACLIING CLAVER
             Notary Public
Until December 31, 2018
PTR No. 2955577;01-09-17; B.C. Roll No. 43004;5/4/98; Manila
1BP Lifetime Memb. No. 04371
NA No. 26-NC-17-R
Rm. 14A Second Floor BBCCC Bldg. Assumption Road, Baguio City

NOW THEREFORE, you the defendant, KELVIN BRUCE B. BASQUIAL, with last known address at DA 214 Cavanao, Shilan, La Trinidad, Benguet, 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 sixty (60) days from date of the publication, serving at the same time a copy of your responsive pleading and/or Answer upon petitioner's counsel Atty. Francisca M. Gayer, Rm. 4A 2nd Fi. BBCCC Building, Assumption Rd., 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 Northern Philippine Times, 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 February 3, 2017 be deposited with the Capitol Postal Office, postage pre-paid by registered mail directed to the defendant, KELVIN BRUCE B. BASQUAIL, with last known address at DA 214 Cavanao, Shilan, La Trinidad, Benguet, Philippines.

WITNESS THE HONORABLE MARIETTA S. BRAWNER CUALING, presiding judge of this Court, this 24" day of February 2017 at La Trinidad, Benguet.



                                                                                                ASTRID B. ORALLO
                                                                                                OIC-Clerk of Court






ABO/ndd



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