REPUBLIC OF THE PHILIPPINES SIXTH JUDICIAL REGION Branch ________ Iloilo City
MARIA MATI-SAWA Petitioner, -versus-
CIVIL CASE NO. _____ ANNULMENT ANNULMENT OF MARRIAGE MARRIAGE
DOS A. SAWA Respondent. x—————————————————————x
COMPLAINT
The Parties
Petitioner, Maria Mati-Sawa (Maria for brevity) is of legal age, Filipino and is last known by the Petitioner to be residing at Block11, Lot 87, ACM Homes, Iloilo City;
Respondent, Dos A. Sawa (Dos for brevity) is likewise of legal age, Filipino and presently residing at Blk-20, Lot-5, Villa San Lorenzo LaPaz, Iloilo City, where he may be served by notices, orders and processes of the Honorable Court.
Nature of the Petition
In this present Petition, the Petitioner prays of this Honorable Court to declare her marriage null and void to Respondent on the ground of psychological incapacity.
The following pertinent and relevant Family Code provisions are the bases in the treatise of this Petition:
Art. 36. A marriage contracted contracted by any party who, at the time of the celebration, celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts, which tend to bring danger, dishonor or injury to the other or the Family, the aggrieved party may apply to the court for relief.
FACTS OF THE CASE
The classic love affair between Mr. Dos Sawa and Ms. Maria Mati started when the latter introduced to petitioner through her cousin Kat. The two (2) were then fresh from their graduation from the College. What started as a simple acquaintance was followed by an intense courtship; Dos was immediately attracted to her that soon enough he was deeply engrossed with her. Dos would often bring Maria to and fro in her place of work; he visited her in their house almost after review class on a daily basis. These adorable actuations of Dos eventually led to a romantic affair between him and the respondent. After two (2) months, they have contracted marriage under Article 34 of the Family Code executing a joint affidavit stating, among others, that they have lived together as husband and wife for a period of five (5) years prior to their marriage on May 17, 2004 before City Mayor Jed Mandela. After their marriage, Dos went home to his parents at No. 16 Magbanua St., Pototan, Iloilo and Maria also went home to her parents at 24 Galo St., Bacolod City. The two (2) took their professional board examination in 2004 but failed.
After the examination, Dos and Maria lived together, constructed a conjugal house at #42 Jaen St., Leganes, Iloilo. Their marriage, however short-lived, blessed them with one child – Jack who was born December 18, 2006. At the time of their marital union Dos is managing their family business while his wife Maria worked in the Land Bank of the Philippines. The marriage seemed happy in the beginning until one day the respondent asked him to go abroad supposedly because their incomes were not enough but much to the opposition of the petitioner. Dos did not like the idea of either him or his wife going abroad to earn more money at the expense of the family being separated; according to him they could live on their incomes for as long as the family stays together. But because of the insistence of his wife Maria to go abroad and to escape from her pestering, he eventually gave in to her wish and flew to Dubai as an overseas worker in 2007. He worked as a company supervisor in that far away country known for its unforgiving weather.
Dos endured working hard in the harsh climate of Dubai for more than a year while sending money religiously to Maria way back in Manila. Everything was normal in the beginning of their new marital arrangement – Dos working in Dubai and Maria working in Iloilo at the Land Bank of the Philippines.
They communicated constantly through texting and phone calls. But this was not for long, what appeared to be a happy arrangement at first, took an unexpected turn. Maria noticed a sudden change of Dos ’ behavior: the frequent texts that he regularly sent to her and the phone calls that he often made became far and infrequent. There were times that when she called him up, Dos would simply drop the call. On certain occasions that she would call him late at night, he was not still in the house and nowhere to be found. And whenever they would finally talk on the phone, he was always in a hurry to stop the conversation arguing that that the international calls was expensive. Making the situation worse, the respondent even stopped sending his financial support to them. But to the biggest surprise of Maria, he had asked her for a marital separation on the phone! He made it clear to Maria that he was ending their marriage right on the very moment they were conversing on the phone. Maria was at a loss on Dos’ strange new actuations towards her and him seeming loss of affection towards her. The new sad development in her married life drove her to tears and she almost lost her mind figuring out what could be the reason for her husband’s drastic decision.
When Dos was working in Dubai, he had special relationships and he eventually got married to her girlfriend Ms. Consuelo Ibanez (Consuelo) in Dubai. Dos had also not just forgotten his marital obligation to his wife Maria but also he discontinued to give financial support to his only child Jack as well.
Dos finally went home to the Philippines in 2011 and he frankly told Maria that they part ways and from then on would lead separate lives. But Maria, hopeful as she had always been, requested the help of her relatives in the hope that Dos would take a 360 degree turn on his drastic decision to split up with Maria. Instead of listening to them however, he dropped the bomb, so to speak, on her in front of their close relatives: Maria ’s parents and sibling and Dos’ mother. Dos made his feelings loud and clear to Maria that he had no intention anymore to patch things up with her. He further added that he no longer loved her, hence, the eventual separation.
WHEREFORE, premises considered, it is respectfully prayed that after trial, judgment be rendered by this Honorable Court declaring the marriage between the Petitioner and the Respondent NULLand VOID by reason of psychological incapacity citing Art. 36 of the Family Code. Other reliefs just and equitable are prayed for. September 18, 2013. Iloilo City, Philippines.
IN WITNESS WHEREOF, I have set hereunto my hand this ______________________, 2013, ____________________.
Maria Mati-Sawa Affiant
SUBSCRIBED and sworn to before me, in the city of Iloilo, this _________ day of __________ 20013.
Gonesto and Associates Law Offices Counsel for Petitioner 2/F Madrigal Bldg. 183, Iloilo City
Doc.No.; _____ Page No.; _____ Book No.; _____ Series of 2013.
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
I, MARIA MATI-SAWA, of legal age, after having been duly sworn in accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case; 2. I caused the preparation of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. 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 any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
MARIA MATI-SAWA Affiant SUBSCRIBED AND SWORN to before me this 18 th day of September 2013 in Iloilo City affiant exhibiting to me her Community Tax Certificate No.89056789 issued on August 2013 at Iloilo City.
Gonesto and Associates Law Offices Counsel for Petitioner 2/F Madrigal Bldg. 183, Iloilo City
Doc.No.; _____ Page No.; _____ Book No.; _____ Series of 2013.
REPUBLIC OF THE PHILIPPINES SIXTH JUDICIAL REGION Office of the City Prosecutor
Iloilo City
PEOPLE OF THE PHILIPPINES -versus-
CRIMINAL CASE NO. _____ BIGAMY
DOS A. SAWA Accused. x—————————————————————x BIGAMY
INFORMATION
The undersigned, city prosecutor, upon sworn complaint originally filed by the offended party, accuses Dos A. Sawa of the crime of BIGAMY, as committed as follows:
That Mr. Dos A. Saw was legally married to the Ms. Maria Mati on on May 17, 2004 before City Mayor Jed Mandela which marriage contract was duly executed and signed by the parties in the city of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, Dos A. Sawa contracted a second marriage to Ms. Consuelo Ibanez in Dubai before the his former marriage to the Ms. Maria Mati has been legally dissolved.
Contrary to law.
JUAN DELA CRUZ City Prosecutor
Version Of Mati Sawa
The love affair between Mr. Dos Sawa and Ms. Maria Mati started when the latter introduced to petitioner through her cousin Kat. The two (2) were then fresh from their graduation from the College. What started as a simple acquaintance was followed by an intense courtship; Dos was immediately attracted to her that soon enough he was deeply engrossed with her. After two (2) months, they have contracted marriage before City Mayor Jed Mandela. Their marriage was blessed with one child – Jack who was born December 18, 2006. The marriage was happy.
On 17 August 2007, Dos went to Dubai to earn more money at the expense of the family being separated. They communicated constantly through texting and phone calls. But this was not for long, what appeared to be a happy at first, took an unexpected turn. Maria had noticed a sudden change of Dos ’s behavior: the frequent texts that he regularly sent to her and the phone calls that he often made became infrequent and it came to the point that she had not received any communication starting April 2008.
On 18 July 2009, Maria received a news that Dos went home to the Philippines. She had texted and tried to call Dos but she did not receive any response. To her surprise, Dos went back to Dubai without seeing her and their child.
On 19 March 2012, Maria r eceived news from Dos’ cousin that Dos got married to Ms. Consuelo Ibanez (Consuelo) in Dubai. Until then, she and their child had not received any support and communication from Dos.
