Memorandum of Annulment of Contract
Memorandum of Annulment of Contract
Memorandum of Annulment of Contract
- Versus - for:
VICTORIA NUEGA,
“Declaration of Annulment
of Contract of Sale with damages
under Article 166 of the Civil
Code”
Respondent.
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MEMORANDUM
PREFATORY
THE PARTIES
1. P e t i t i o n e r R o s i t o T o r i b i o i s
of legal age, and residing in 987 Malakas Street,
T a l i s a y C i t y C e b u , where he may be served with legal
processes and notices issued by this Honorable Court;
2. Respondent Victoria Nuega is of legal age and residing on 123
Binibini Street, Talisay City Cebu, and may be served with legal
processes and other judicial notices thereto.
PROCEDURAL BACKGROUND
MATERIAL FACTS
5. Jane testified that she first met Juan in 1981 at the San Lazaro
Hospital where they worked as medical student clerks. At that time, she
regarded Juan as a very thoughtful person who got along well with other
people. They soon became sweethearts. Three years after, they got
married.
9. Juan, for his part, admitted that he and Jane had some petty
arguments here and there. He, however, maintained that their marital
relationship was generally harmonious. The petition for annulment filed
by Jane came as a surprise to him.
10. Juan countered that the true cause of Jane’s hostility against
him was their professional rivalry. It began when he refused to heed the
memorandum released by Christ the King Hospital. The memorandum
ordered him to desist from converting his own lying-in clinic to a primary
or secondary hospital.Nuega family owns Holy Income Hospital which is
situated in the same subdivision as Juan’s clinic and residence. In other
words, he and her family have competing or rival hospitals in the same
vicinity.
16. Juan expressed his intention to refute Dr. Santibanez findings
by presenting his own expert witness. However, no psychiatrist was
presented
ISSUES
DISCUSSION
Jane’s petition for nullity had no basis at all because the supporting
grounds relied upon cannot legally make a case under Article 46 of
the Family Code. In the same light, Republic v. Molina:[54]
Indeed, mere allegations of conflicting personalities,
irreconcilable differences, incessant quarrels and/or beatings,
unpredictable mood swings, infidelities, vices, abandonment,
and difficulty, neglect, or failure in the performance of some
marital obligations do not suffice to establish psychological
incapacity
PRAYER
May 1, 2018.
Cebu City, Philippines.
SUBSCRIBED AND SWORN to before me this 1st day of May 2018 in Cebu
City, Cebu.
April B. Sumalinog
Sumalinog and Associates Law Office
Counsel for the Respondent
2/F Cardinal Rosales Avenue, Cebu Business Park, Cebu City
Doc.No.; 1234
Page No.; 456
Book No.; 789
Series of 2018.