Teaching Initiatives in the Now-Times
COVID – 19 pandemic poses a great challenge in the history of education. The closure of all schools shatters everyone especially the parents and educators on the context of giving quality education as we can’t afford to stop delivering and channelling knowledge and skills to our dear diamonds.
Our DepEd Secretary VP Sara Z. Duterte together with our School Leaders devote much of their time in addressing the current needs in the now-times as we combat the impact of COVID-19 in the face of education. Massive webinars pave its way as teachers were immensely sent to attend series of webinars and online trainings and workshops to couple new teaching and learning strategies in the new normal.
Our effort spent in attending online trainings and workshops are not wasted as knowledge and skills learned were heartily applied. Many new teaching and learning initiatives were born, thus, transforming traditional face-to-face class to online class or using alternative modes of delivery that provide ample opportunities for students and teachers to remain connected and engaged with the content across curriculum while learning and working from home.
Traditional teachers are now
By: Meryl R. Alfanta
“techy”. They easily embrace the effective way of channelling the lessons with the use of technology.
Teaching interactive methods using the technology are adapted like the use of Google Classroom, Google Meet, Zoom, Microsoft Teams, Nearpod, Canva, Mentee, and any other flexible tools with multitude of social media features.
Teachers embrace necessary changes from face-to-face class to Alternative Delivery Modes (ADMs). Orientation was conducted on the Alternative Delivery Mode Learning Resource Standards as stipulated in the DepEd Order No. 18, s.2020 – Policy Guidelines for the provision of learning resources in the implementation of the Basic Education Learning Continuity Plan. This policy provides guidelines that will enable DepEd to provide learning resources in the implementation of the BE-LCP, which further ensures that learning opportunities are provided to all our learners in a safe manner through different learning delivery. With this, DepEd through its Regional and Schools Division Offices undertake the urgent development production and provision of learning resources in accordance with its mandate of providing quality education which is accessible to all.
While maintaining the integrity of providing quality education to all, DepEd sets forth flexible learning options which include alternative delivery modes and its corresponding learning resources that are responsive to the need, context, circumstances, and diversity of learners. These learning resources serve as learning toolkits for all our diamond learners where all the procedures or instructions are provided to guide the learning process and of course with the aid of the responsible parents or guardians and close monitoring of teachers.
The Alternative Delivery Modules or Self-Learning Modules (SLMs) becomes the ideal learning resource material especially in the remote or distance learning where teacher is unable to provide physical support in a classroom setting, but still provide interaction where learner interacts actively with the self-paced or self-instructional activities in the SLMs.
Despite this global threat, educators remain creative in so many ways by creating ample initiatives to go beyond traditional teaching and learning. We are learning and knowing how resilient we are as we embrace the swift of the time.
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Doc. No.: 59 Page No.: 12 Book No.: 62 Series of 2023 BWM: JAN. 16, 23, & 30, 2023
(SGD) JUNAIRAH LAO IBRAHIM Municipal Civil Registrar
E-mail : businessweekmindanao@gmail.com
Contact nos. : 0917-7121424 • 0947-8935776
MON-TUE | JANUARY 23-24, 2023
DAN M. ARRIESGADO Petitioner,
Republic of the Philippines REGIONAL TRIAL COURT 10th Judicial Region BRANCH 44 Initao, Misamis Oriental Rtc2Ini044@judiciary.gov.ph I 09361786223
CIVIL CASE NO. 2022-1794 -versus- FOR: DECLARATION OF NULLITY OF MARRIAGE PRECY ACUT-ARRIESGADO Respondent. x----------------------------------------/
SUMMONS BY PUBLICATION
To: PRECY ACUT -ARRIESGADO 1479 Apt. D, Avenue des Affaires Quebec QC postal Code: G3J0K8 G R E E T I N G S!
This Court issued an Order dated October 28, 2022 allowing Summons be served upon Precy Acut-Arriesgado, in a newspaper of general circulation, pursuant to Section I7, Rule 14 of the 1997 Rules of Civil Procedure as Amended. It i s pursuant thereto that this Summons by Publication is issued.
WHEREAS, quoted hereunder is the Complaint, to wit: Petitioner, through counsel, and unto this Honorable Court, respectfully alleges that:
1. Petitioner is of legal age, Filipino, married and a resident of Purok 7, Naawan, Misamis Oriental. To prove hi s residential address, attached hereunto are his duly notarized Barangay Certificate and PLDT Bill, indicating his aforesaid address and his lawyer's Certification in support thereto, as Annexes "A", "B" and "C", respectively. Legal papers and processe s intended for or emanating from this Honorable Court may be served at the address of the undersigned counsel at Gimangpang, Ini tao, Misamis Oriental;
2. Respondent is also of legal age, Filipino, married and a resident of Purok 5, Barangay San Pedro, 9022 Initao, Misamis O riental. She is currently based in Canada for work with last known current address at 1479 Apt. D, Avenue des Affaires Quebec, QC postal code: G3.J0K8;
3. This is a Special Proceedings under A.M. 02-11-10-SC or the Rule on Declaration of Absolute Nullity of Void Marriage s and Annulment of Voidable Marriage, specifically, a Petition for the Declaration of Nullity of Marriage between Dan M. Arriesgado and Precy Acut-Arriesgado who are residents of Naawan and Initao, Misamis Oriental, respectively, and thus, is properly lai d within the jurisdiction and venue of the REGIONAL TRIAL COURT of INITAO, MISAMIS ORIENTAL;
4. Petitioner himself will serve as his own witness. His testimony will comprise on the fact of his marriage with the responde nt and the fact that this marriage had already broke down and on the behavioral pattern of the respondent, before and during their mar riage, manifesting her psychological incapacity to perform her essential marital obligations and on other relevant matters. He will also present their only son, Mark Ezra A. Arriesgado who is already (27) years old. He will testify on the respondent's behavioral structure as a mother and as a wife to the petitioner and to corroborate with the latter's testimony. Petitioner will further present a common friend to the parties, Sonnyboy A. Monreal, who will testify on the behavioral pattern of respondent's family, and her upbringing, which had adversely affected her personality structure, that had quantifiably attributed to the demise of the marriage of th herein parties and t o corroborate with the petitioner's testimony. They all have executed their respective Judicial A fidavits to serve as their direct tes timonies;
5. Petitioner will present the following documents as evidences, among others, to wit;
DOCUMENTS
EXHIBITS
CERTIFICATE OF MARRIAGE, dated 5 April 1995, to prove the fact of the marriage of the herein parties. Exhibit “A"
CERTIFICATE OF LIVE BIRTH, dated 6 April 1995, in the name of MARK EZRA A. ARRIESGADO, to prove the fact of the birth of their only son. Exhibit “B”
PRINT-OUT PHOTOS OF THE RESPONDENT WITH HER PARAMOUR, to prove her infidelity Exhibits “C”, “C-1” & “C-2” PRINT-OUT PHOTOS OF THE RESPONDENT WITH ANOTHER PARAMOUR AND THEIR TWO (2) LITTLE SONS, to prove her further infidelity and the fact that she has already established another family in Canada Exhibits "D”,"D-1”, "D-2" and "D-3"
Certified True Copy of the ORIGINAL RECEIPT/CAR REGISTRATION (OR/CR) of a Toyota 2x2 Fortuner with Plate No. KAH 2203, to prove a chattel acquisition during their marriage. Exhibits "E" and "E-1"
JUDICIAL AFFIDAVIT OF DAN A. ARRIESGADO and his SIGNATURE, in lieu of his Direct Testimony Exhibits “F” and “ F-1”
JUDICIAL AFFIDAVIT OF MARK EZRA A. ARRIESGADO and his SIGNATURE, in lieu of his Direct Testimony Exhibits “G” And “G-1”
JUDICIAL AFFIDAVIT OF SONNYBOY A. MONREAL and his SIGNATURE, in lieu of his Direct Testimony Exhibits “H” And “ H-1”
Other documentary evidences will likewise be presented should the same be necessary in the course of the trial.
CAUSE OF ACTION
6. Petitioner and respondent first met in the early months of 1994 in their neighborhood at Purok 5, Barangay San Pedro, Init ao, Misamis Oriental. He was managing a Prawn Hatchery in the vicinity, while the respondent tended their family's sari-sari sto re. He just came from a broken matrimonial engagement due to religious differences;
7. Respondent on the other hand, falsely represented herself as single and unattached while in truth and in fact, she was already actually engaged to one, Rico Monseda who had lived with her in the past as a common-law husband for about three (3) months, inside their family home;
8. Petitioner and respondent would always prolong their talk at the store whenever the former had to buy something. In one of these long talks, respondent had shared to petitioner that she was a victim of physical abuse by her father who would hit her even on the slightest mistake, way back since she was younger. There was a time when she went home late, and her father threw he r under the bed and she bore several bruises around her body for such violence. Her father was known to be short-tempered an d would easily hit his children even for some insignificant or petty reasons. Rico Monseda too, respondent's former common-l aw husband and current fiancé at that time, had his share of this violence - one of the reasons, why he left respondent's home, a fact which petitioner came to know somewhat later;
9. Petitioner found the respondent to be outgoing, charming and pleasant to talk with and a simple and low-maintenance perso n. For these, he had somehow ascertained that she was a good wife material. He was 28 years old and was already resolve to settle down. Without formal courtship, they became sweethearts and would soon travel together to his hometown in Sapad, Lanao del Norte, for business. His neighbors in Barangay San Pedro however had informed him that respondent was actually, already engaged. In re sponse, respondent called it formally quits with Rico after he latter had physically attacked the petitioner three (3) times on differe nt occasions. Respondent then became pregnant;
10. During those times that they were already sweethearts, petitioner would notice that respondent was, self-absorbed, conceited and arrogant who had some grandiose sense of self-importance. She was dominant and was extremely controlling, so that she would not listen to his advice and suggestions. "I know what I am doing" was her usual retort and she would always show-off, as superior and she would just totally disregard the petitioner when they discuss important matters in their relat ionship. Domineering and demonstrably secretive, she did not inform the petitioner of her pregnancy until she was already on her 4 mo nth. Petitioner already felt the sting of her utter disrespect and uncaring ways at that time, but due to his persistent belief that she w as a good wifematerial, he swallowed it all;
11. In fact, respondent had made an alarming and sudden disappearance from their residence in San Pedro, Initao, Misamis Oriental when she got pregnant and petitioner had to beg from respondent's sister, Erma G. Acut to tell him of her wherea bouts. He later found respondent at a boarding house in El Salvador, Mis. Or. Deeply perplexed of her reckless actuations, p etitioner had thought of asking the respondent if the baby inside her was his, since he had overheard from their neighbors that she was still seeing his ex-boyfriend Rico, while they were already sweethearts and most importantly, unknown to the respondent , petitioner had himself actually saw her together with Rico in Cagayan de Oro City during the time that they were already lovers, bu t he chose not to confront her of this incident because he avoided having heated arguments with her. He loved her and wanted her to be his wife, so that despite on how appalling her attitude towards him - of being numb and neglectful of how he felt and her lack of empathy towards his anxieties on why she had just suddenly disappeared, petitioner remained calm and still, as he was steadfast an d genuinely unrelenting of his desire to marry her, although he was already dying inside of emotional pain;
12. At some point however, petitioner, had found the courage to ask the most crucial question, as to who the father of the baby was, that she was carrying, but then, respondent had just burst into a rage, as a response. To buy peace, pet itioner kept quiet and finally offered her marriage; he loved her, so he looked for ways to save her from the embarrassment of being an unwed mother, despite her deviant behaviors towards him;
13. On April 5, 1995, they were united in marriage in a civil wedding ceremony, officiated by then Mayor Enerito B. Acain, Jr. On the very next day or on April 6, 1995, respondent gave birth to a boy, named: MARK EZRA A. ARRIESGADO;
14. At the time of the celebration of their marriage however, respondent was already suffering from a psychological in capacity to comply with her essential marital obligations, although this incapacity already surfaced before they got marr ied, the same had become more apparent, during their marriage;
I5. The psychological incapacity manifested itself in many ways, more particularly, in respondent's refusal to live together with the family, to observe mutual love, respect and fidelity, and to render mutual help and support and of bein g an indifferent and uncaring mother to their only son;
16. As a newly-wed couple, they stayed at the bunkhouse of the prawn hatchery, which the petitioner managed. During which, petitioner would be surprised that there were many people who came to their house to collect payments for the debts made by the respondent. She was so secretive of her financial obligations and when he inquired about this, she would just answer him, with a sneer and would tell him that this was none of his business.
Petitioner felt totally left out and disregarded as a husband and he had just then realized that she married a woman who has a lot of debts;
17. They began to quarrel about money and respondent would always stay out of their home whole days and would only c ome home when darkness fell. Everyday that she did this, petitioner began to realize that respondent could not function as his wife and was a dysfunctional mother to their son. He found himself awfully all alone in taking care of their son, without any s upport from her, whether material, physical, financial, moral or emotional. She kept herself always out of their home until petitioner had heard rumors anew that the respondent and his ex-fiancé, Rico Monseda were seen being together in some places. With this, petition er would just sigh in silence. Respondent's divergent marital actuations had, like termites - little by little, consumed his own person - having been disrespected as a husband, unloved, abandoned, left out and uncared for. Respondent had showed herself incapa ble of assuming her marital obligations towards him, to love him, to care for him, to live together and to support him in the family's affair and in taking care of their son and more importantly to observe the required fidelity inside their marriage;
18. In 1998 or three (3) years after they got married, respondent went to Hongkong for work that had spanned for a bout eight (8) years. It was initially the petitioner who spent for her working documents. He pawned appliances that he bought when he was still single, if only to raise the required funds. Respondent came home in the year 2000. During this same year, she decided to go back to work in Hongkong. She instantly had left for Manila and surprisingly stayed there for a considerable period of ti me with the excuse that she needed to process her working papers. Petitioner was again perplexed why respondent would again dis appear from home even if she had just freshly arrived from working abroad. While respondent was in Manila supposedly processing her working papers, petitioner's sister Viola M. Arriesgado, would receive text messages from the respondent, which contained e ndearments with a boyfriend and their supposed meetings in Manila. Perhaps, respondent erroneously sent them to his sister or it was her way of indirectly informing the petitioner that she had a romantic relationship outside their marriage;
19. In 2006, respondent came home in San Pedro, Initao, Mis. Or. She then processed her working papers for Canada. She flew to Canada in 2007. Respondent visited them in Initao after several months and at this time, she would inform petitioner th at someone has been courting her in Canada. Respondent further told him that if he will not come to Canada with their son, she would get r omantically
entangled with this suitor;
20. In November 2009 Petitioner and their son, Mark Ezra arrived in Canada as her dependents, contained in her immigration pa pers. Petitioner had thought and firmly believed, that their arrival in Canada would signal the start of them, being toget her as a family, for good. Much to his surprise however, while there, respondent finally confessed to petitioner that she has a boyfriend alr eady. In fact she showed him, her photos together with her Cuban boyfriend. A couple of weeks later, petitioner, demanded from him to mov e out from her rented place. This obfuscated the petitioner and the herein parties quarreled hard in the kitchen. In his extreme anger, petitioner took hold of a knife. Their son, Mark Ezra, already a young lad of 14 years, after witnessing such traumatic event, asked his father that they should remove themselves from their abode. When petitioner was ready to leave on the following day with Mark, the respondent however changed her mind. She asked him to remain in her rented place but she would stay in a separate room, if only to save money as she asked him to share 50% of the house rental. She did this manipulative arrangement for her to save money, clearly unmindful and numb of how petitioner would feel with that set-up. Respondent's utter insensitivity and her sheer lack of empathy, had caused the petitioner so much pain and he had gradually realized that his marriage with the respondent had already crumbled and had ran down to the drain, so to speak. Love, respect, care, fidelity, and even an iota of any support from the respondent w ere nil. She had effectively and totally destroyed the sanctity of their marriage. To sustain their stay in Canada with their son, petition er had to work on his own from time to time. Respondent did not bother to help him financially although she was in fact, the very reason why peti tioner and their son were there in Canada in the first place;
21. In May of 2010 or six (6) months after their arrival in Canada, petitioner went home to San Pedro, Initao, Misamis Oriental. He decided to stay home for good, all alone, and without the respondent. After all, he had already lost all the love and all his trust towards the woman whom he had chosen to marry. Three (3) months thereafter, their son, Mark Ezra also arrived in Initao, Mis. Or., from Canada. He too, did not endure the harshness and the immoral ways of his mother, more particularly on how he would w itness his mom, introduced her boyfriend to her friends during their get-together, even in his presence. Respondent's uncaring stanc e towards him, as a mother, while he longed to have a mother & child bonding with her, had enormously added to his disappointmen t, thus he did not have any qualm, in going home to his father in the Philippines for good, as well;
22. For twelve (12) long years, petitioner and respondent had been separated de facto. Despite her dollar earnin gs in Canada, respondent no longer send any financial support for their son beginning 2015, except for the occasional birthday cakes for Mark, and no other, telling them that her income is only enough for his two (2) little sons in Canada. Without a doubt, respondent does not care at all, about the well-being of her legitimate family. Her deviant behavior had practically destroyed and shatt ered the very foundation of their marriage. She caused the petitioner grave distress and trauma with her reckless and disrespectful ways an so, she had become petitioner's psychological nightmare;
23. Respondent is actually a dysfunctional person. Her personality structure of being self-absorbed, conceited, haughty, who considered herself as superior than others, her being selfish, arrogant, impulsive insensitive, unremorseful, exploitive or manipulative, her being emotionally erratic and her lack of empathy had caused tremendous destruction of their marriage. Her dysfunctiona personality had made her unable to understand and more importantly, had made it impossible for her to comply with her essential marita obligations, to give mutual love, care, respect, support and faithfulness in marriage. She was just too selfish and ins ensitive that she even allowed their only son, Mark Ezra to witness her marital unfaithfulness while he was with her in Canada and as re flected in her ways, the world turns because she deserved to be treated as special and superior than others, oblivious of its manifold ad verse effect to the people surrounding her;
24. This thwarted ways of her does not discount the genetic endowments of traits that was present in the family hereditar y line that made her even more prone to form her dysfunctional dispositions. It was said that the respondent grew up in a notoriously strict and violent family structure, under an inconsiderate and quarrel-some father who had established a second f amily after he re-married, when respondent's mother died. Their father was said to have had customarily hit his children at the slightest mis take; 25. Child abuse can have long-lasting impacts on children that follow them into adulthood. Although not all effects of child abuse are physical; the emotional, psychological, behavioural and cognitive effects can also have damaging effects on children's se lf-worth, self-esteem, education, future relationships and work. (Smith, Robinson, Segal, 2020). The consequences of child abuse ar e often intergenerational, as those who fall victim of abuse are more likely to cause harm to others in the future. [World Health Organization (WHO), 2020]. The psychological effects of child abuse include a lack of trust and difficulty forming relationships, heightened feelings of "worthlessness", difficulty understanding emotions, feelings of anxiety, depression, anger or rage, feelings of numbness (Smith, Robinson, Segal, 2020). The behavioural effects of child abuse include violent and deviant behaviour difficulty forming close relationships [and] emotional instability xxx (National Research Council, 1993). [Emphasis, supplied.]
DYNAMICS OF DOMESTIC VIOLENCE ARE UNHEALTHY FOR CHILDREN:
The trauma they experience can show up in emotional, behavioral, social and physical disturbances that effect their development and can continue into adulthood.
SOME POTENTIAL EFFECTS:
Behavioral
• Excessive attention seeking.
• Manipulation.
Social
• Stormy relationships.
• Excessive social involvement to avoid home.
• Engaged in exploitative relationships as perpetrator 26. Child abuse is not just physical violence directed at a child. It is any form of maltreatment by an adult, which is violent or threatening for the child. To be constantly hit by her father at the slightest mistake, along with her siblings, respondent must have suffered from physical, emotional, psychological, behavioural and cognitive effects that must have been damaging on her self-worth, self-esteem, education future relationships and work, (Smith, Robinson, Segal, 2020) which includes violent and deviant behaviour, difficulty forming close relationships [and] emotional instability. Her being conceited and arrogant and her grandiose sense of self-importance must be a defense mechanism of her damaged self-worth and self-esteem, being the subject of child abuse by her father, more so that she lost her own mother while they were still young and had to contend to live with a step- mother and step-siblings. This emotional instability is too apparent when respondent jumped from one romantic relationship to another. She had a common-law husband and fiancé Rico Monseda, married the petitioner, got entangled again with the ex-fiancé, Rico - while being married, then she flaunted an extra-marital affair while in Canada, until she established a second family abroad with yet another man; 27. With all these, the respondent actually already had made her relationship with the petitioner doomed, even before they got married because she was figuratively and literally psychologically ill-equipped to handle the basic rigors of marriage. The dysfunctionality in her personality structure did not just come through her in an instant. It is obvious that she developed it in the early years of her life where there was constant physical abuse and violence in the family home, at every corner whenever the children commit an nfraction albeit, too little a wrong; 28. Respondent had effectively deprived the petitioner to experience marital bliss with her. She left him, empty-handed for another man. She shut him off from her world despite the love, care, devotion and support that the petitioner had bestowed upon her; 29. At this point, petitioner decided to let go of her, upon his realization that she was only interested in addressing her every want and need and was totally unmindful of his. She had not shown him mutual love, respect, care, support and fidelity, she having been so distant, so aloof and so indifferent and she had technically refused to live with him and their son, as one family. She is instead, currently living with another man, named, James Henry, in Canada to share her life with, with their two (2) little children, as confirmed by no less than her own father, Alfredo J, Acut when petitioner had the occasion to talk about the matter with him. Petitioner had felt so highly disrespected as a husband and had been all-alone in his marriage and in raising their only son, for so long. To him, there is no more marriage to speak of, or to hold on to. Respondent, with her antagonistic behavior towards him, had absolutely and totally robbed the petitioner of his dignity as a husband. There is no more reason for them to be together as it is only deemed emotionally and psychologically unhealthy and damaging for the petitioner;
30. The herein parties did not acquire any property of significant value, other than a Toyota 2x2 Fortuner with Plate No. KAH 2203, under an in-house mortgage, registered in the name of the petitioner. This was acquired with no financial contribution from the respondent. The governing regime of their property relations is the default "System of Absolute Community of Property under Article 75 of the Family Code, the parties herein having executed no marriage settlements or "pre-nuptial agreement”;
31. Petitioner respectfully invokes Article 36 of the Family Code for this Honorable Court, under the ruling of Tan-Andal vs. Andal case, to declare his marriage with the respondent a nullity from the beginning on the ground of the psychological incapacity of the respondent, that rendered her incapable to comply with her essential marital obligations;
32. Under the landmark case of Tan-Andal vs. Andal, supra., psychological incapacity was defined as neither a mental nor psychological disorder but is said to be a durable or enduring aspects of a person's personality called "personality structure" which manifests itself through clear acts of dysfunctionality that undermines the family, which makes it impossible for him/her to understand and more importantly, to comply with his/her marital obligations;
33. "Psychological incapacity is neither a mental incapacity nor a personality disorder that must be proven through expert testimony. There must be proof, however, of the durable or enduring aspects of a person's personality, called "personality structure," which manifests itself through clear acts of dysfunctionality that undermines the family. The spouse's personality structure must make it impossible for him or her to understand and, more important, to comply with his or her essential marital obligations. Proof of these aspects of personality need not be given by an expert. Ordinary witnesses who have been present in the life of the spouses before the latter contracted marriage may testify on behaviors that they have consistently observed from the supposedly incapacitated spouse.
34. "Incurable, not in the medical, but in the legal sense; incurable as to the partner. Psychological incapacity is so enduring and persistent with respect to a specific partner, and contemplates a situation where the couples respective personality structures are so incompatible and antagonistic that the only result of the union would be the inevitable and irreparable breakdown of the marriage."
35. "As to gravity, it must be shown that the incapacity is caused by a genuinely serious psychic cause. It is not necessary that it must be shown that the psychological incapacity is a serious or dangerous illness BUT that "mild characterological peculiarities, mood changes, occasional emotional outbursts" are excluded. The psychological incapacity cannot be mere "refusal, neglect, or difficulty, much less ill will."
36. "Juridical antecedence. The incapacity must be proven to be existing at the time of the celebration of the marriage even if such incapacity becomes manifest only after its solemnization. Essential marital obligations are not limited to those between spouses. Hence, those covered by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children." [Emphasis supplied.]
37. "Psychological incapacity consists of clear acts of dysfunctionality that show a lack of understanding and concomitant compliance with one's essential marital obligations due to psychic causes. It is not a medical illness that has to be medically or clinically identified; hence, expert opinion is not required. As an explicit requirement of the law, the psychological incapacity must be shown to have been existing at the time of the celebration of the marriage, and is caused by a durable aspect of one's personality structure, One that was formed before the parties married. Furthermore, it must be shown caused by a genuinely serious psychic cause. To prove psychological incapacity, a party must present clear and convincing evidence of its existence." [Emphasis supplied.]
38. According to Dean Sylvia Estrada-Claudio, "it is an accepted principle of all major and recognized theoretical schools within psychology that a person's behavior is determined by the interaction of certain genetic predispositions and his or her environment, working in iterative loops of influence. From this, proof of juridically antecedent psychological incapacity may consist of testimonies describing the environment where the supposedly incapacitated spouse lived that may have led to a particular behavior. For instance, violence against one's spouse and children can be a manifestation of juridically antecedent psychological incapacity when it is shown that the violent spouse grew up with domestic violence or had a history of abusive romantic relationship before the marriage. The same can be said for child abuse. Trauma research shows that our past, if not properly healed, heavily affects our present. As such, evidence of the juridically antecedent psychological incapacity may consist of testimony of the spouse's past experience that may have led him or her to become a child abuser." [ Amicus Curiae Brief of Dean Estrada-Claudio, p. I [ Emphasis supplied. ]
39. The Supreme Court also emphasized that in voiding ill-equipped marriages, "courts are not really violating the inviolability of marriage as a social institution which is enshrined in no less than the Constitution. Courts should not hesitate to declare such marriages void solely for the sake of their permanence when, paradoxically, doing so destroyed the sanctity afforded to marriage. In declaring ill-equipped marriages as void ab initio, the courts really assiduously defend and promote the sanctity of marriage as an inviolable social institution. The foundation of our society is thereby made all the more strong."
PRAYER
WHEREFORE, the foregoing premises considered, it is most respectfully prayed that after due notice and hearing, the instant pet ition be granted and the marriage of the petitioner with the respondent be declared VOID AB INITIO on the ground of the latter's psychological incapacity to comply with her essential marital obligations.
Other just and equitable reliefs are likewise prayed for.
Respectfully submitted, 13 June 2022.
Gimangpang, Initao, Misamis Oriental.
(Sgd)Atty. PEME JARALES CAVALES
Counsel for the Petitioner
Gimangpang, 9022 Initao, Misamis Oriental Roll of Attorneys No. 50020 Mobile No. 0917-303-7331
Email address: pcavales@yahoo.com
PTR No. 5127923/Cagayan de Oro City/Jan. 10, 2022
IBP Lifetime Membership No. 1084865/5-23-17/Cebu City
MCLE Compliance No. VII-0012030 valid until April 14, 2025
NOW THEREFORE, through this Summons by Publication, Defendant Precy Acut- Arriesgado of 1479 Apt. D, Avenue des Affaires Quebec, QC postal code: G3J0K8, Canada, are hereby required to answer the Complaint within sixty (60) days from the ast issue of
Advertising and Editorial
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BWM: Jan 16, 23 & 30, 2023
The environmental group in Caraga noted the alleged “snailpaced action of the DENR, particularly the Provincial and Community Environment and Natural Resources Offices (PENRO, CENRO) in the area.
There are aalso reports that some illegal miners in Sinug-ang area are said to be untouchable as they are allegedly supported by some politicians in the area and politicians from different regions that needs urgent attention by the concerned government line agencies.
Leaders and members of tribal communities have voiced out their fear for their lives as the alleged financiers have deployed armed men with unlicensed firearm to prevent legal intervention.
“Illegal rabbit miners, some of them armed create their burrows of illegal mining tunnels in the said area, and this must be stopped as early as possible before catastrophic incident will happen,” said the concerned environmentalist, in an interview Wednesday.
The group appealed to DENR Secretary Maria Antonia “Toni” Yulo Loyzaga and Interior and Local Government Secretary Benjamin “Benhur” C. Abalos, Jr. to respond to their concern about the illegal mining operation in Sinug-ang area, before loss of lives happened.
Meanwhile, DENR 13 Regional Executive Director (RED) Nonito M. Tamayo cannot be reached for comment regarding the worsening situation.
The Caraga environmentalits group also called the attention of the police authorities, particularly Police Regional Office 13 Regional Director Pablo G. Labra III, as some of these so called “illegal rabbit miners” are armed.
patients’ demands for treatment. Given the increasing demand for health services, the private sector should consider entering the health care market,” Trade, Industry and Tourism Minister Abuamri A. Taddik said.
The BBOI is kicking off 2023 with a number of investments already lined-up for approval, the statement said.
“We will continue to invite potential investors – local national and international – to the Bangsamoro region to boost our economy,” newly-appointed BBOI board member Datu Habib S. Ambolodto added. (MindaNews)
probably be published next week.
With the ongoing problems in garbage collection, Cuenca urged the public to start segregating their garbage to avoid foul smell if the collection is delayed and further utilize recyclable materials.
“Firstly, we would like to apologize for the problem and we hope that with the new player, new contractor, we are able to improve the system in garbage collection,” Cuenca said. (PNA)
COMCI...
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leaders, the scope of our nomination will already be Mindanao-wide,” Culanag said.
To avail of the nomination forms and to submit the necessary accompanying requirements, please email guevaraflorencefate@gmail. com. Deadline of nominations will be on February 11, 2023 or exactly one week before The 4th Mindanao Governance & Leadership Excellence Awards which will be held on February 18 at Limketkai Rotunda here in Cagayan de Oro City.
The 4th Mindanao Governance & Leadership Awards is given to individuals with the following criteria: consistency of best practices in governance (regulatory change, good management, utilization of technology and human resources management practices), principled leadership style (responsiveness to people needs through participatory service delivery, civic engagement, partnerships and resource mobilization for poverty reduction and local level development, recognition and awards (from reputable awarding bodies – local, national or international) and ingenuity and originality in programs and projects conceptualization and implementation (building cohesive local communities for a secure and peaceful environment, developing institutional and structural arrangements, management systems and tools that work.)
large number of demanding manual operations all around the hemodialysis machine. The ergonomic design and the logical operating structure of The Next Generation 4008S allows easy handling and fast and intuitive programming of the treatment parameters.
Important treatment values are represented graphically on the 10.4” TFT-LCD monitor, which supports easy comprehension of the ongoing treatment, and provides a fast overview of the treatment history. The Blood Pressure Monitor (BPM) is fully integrated, which further simplifies handling for the therapy providers.
In combination with the Therapy Data Management System (TDMS), daily dialysis practice can now be organized in a more effective and efficient manner taking full advantage of an online data acquisition and management tool.
Floirendo’s recommended acquisition of the new machines was unanimously approved by the COMCI Board when projected income for the new units showed a 285 percent improvement monthly and annually over its existing machines.
Republic of the Philippines REGIONAL TRIAL COURT
10th Judicial Region Branch 11 Manolo Fortich, Bukidnon
DOMINADOR S. TADENA CIVIL CASEN0.21-11-295 represented by his son, GHENI MARK TADENA, Plaintiff, FOR: -versusREFORMATION OF RICKY F. ABA, CECILE A. INSTRUMENT WITH GUMAPIT, LOURDES A. APPLICATION FOR CALAMBA, LEAH A. FRANCIA, PRELIMINARY INJUNCTION LEONORA A. PONTIVEROS AND LILIA F. ABA, Defendants. x------------------------------------------/
SUMMONS
TO: RICKY F. ABA of Sitio Langawon, Dansolihon, of Cagayan de Oro City CECILE A. GUMAPIT of -doLILIA F. ABA of -doGREETINGS:
Pursuant to Section 1, Rule 11 of the 2019 Amended Rules on Civil Procedure, you are hereby required within thirty (30) days after the service of this summons upon you, to file with this Court and serve on the plaintiff your Answer to the Complaint, copy of which hereto attached, together with the annexes. You are refrained from filing any prohibited motion under Section 12, Rule 15 of the said 2019 Amended Rules on Civil Procedure. If you fail to Answer within the given period, plaintiff may take judgment by default and may be granted the relief prayed for in the said Complaint.
Witness the HON. JEANNE MARIE A. ABARRIENTOS, Judge of this Court, this 22nd day of November 2021 at Manolo Fortich, Bukidnon.
ATTY. GLYNMAR C. BALANGKIG, CPA Clerk of Court VI
Republic of the Philippines REGIONAL TRIAL COURT OF BUKIDNON
10th Judicial Region Branch XI Manolo Fortich, Bukidnon -oOo-
witnesses before the Barangay Chairman; Exhibit L: 13. Of the total seven (7) children, only two have not sold or mortgaged their shares to plaintiff, they are Armando Aba and Madie A. Quirompat, while three, namely: Ricky, Cecile and Lourdes have entirely sold their shares and other two, Leonora and Leah have mortgaged their shares to plaintiff for at term of five (5) years or until 2024 and 2025 respectively: plaintiff have built two (2) farm houses inside and planted the area to cassava, pictures of the farm houses and cassava farm are Exhibit m to M-14;
14. Theoretically lot 1365-D which has an area of 27, 326 square meters has to be divided among the eight legal heirs seven siblings and their mother, each should get a share of 3, 415 .75 square meters, three of the shares, Ricky, Cecile and Lourdes were sold to plaintiff, thus a total of 10,247.25 square meters is now owned by plaintiff: two other shares of Leonora and Leah were mortgaged and are in actual possession of plaintiff, until the year 2025, a total area mortgaged is 6, 831. 50 square meters: plaintiff have been in actual possession a total area of 17, 078. 35 square meters, 10, 247.25 as his own while the 6, 831. 50 is under mortgaged until 2025;
15. Last month of March 2021 plaintiff was shocked when he was told by Ricky that the family will sell lot 1365-D and was told to relocate to lot 1365-K a small lot of 2,673 square meters which is river bark casement, allegedly, this was the lot that were the subject of sale, not lot 1365-D;
16. The master was brought to the barangay but Ricky insisted that the area sold by him and his two sisters were lot 1365-K as well as the area mortgaged by Leonora and Leah; worse, Ricky continued to offer lot 1365-D for sale, few buyers came and inspected the land but discouraged when they saw plaintiff cassava farm and two farm houses inside.
D. REMEDIES
17. Plaintiff ask that lot 1365-D be subdivided into 8 parts equally, among the seven children. Ricky, Cecile, Lourdes, Mardie, Armando, Leonera and Leah and their mother Lilia at 3,415.75 square meters each; that the shares of Ricky, Cecile and Lourdes total of 10,247.25 square meters be conveyed, ceded and transferred to the plaintiff;
18. Plaintiff also ask that defendants Leonora and Leah be ordered to execute real estate mortgage in favor of plaintiff their respective shares of 3,415.75 sq. meters each;
19. Plaintiff repleads the material allegations in the foregoing to form integral part of his prayer for provisional remedy;
20. Plaintiff will sustain immeasurable damages if defendants will not be restrained to offer lot 1365-D for sale and a buyer might take the risk to buy the land during the pendency of this case;
21. Plaintiff has meritorious case which can be supported with documentary, object and testimonial evidence; plaintiff attached in this complaint his Affidavit of merit;
22. Plaintiff is willing to post injunction bond should the court requires.
F. EVIDENCE
23. Plaintiff will offer the following papers and documents provisionally marked as Exhibits;
i. DOCUMENTS
Exhibit A Special Power off Attorney by plaintiff in favor of Gheni Mark Tadena
Exhibit B TCT No. AT-26939, Lot 1365-D in the name of Roquito Aba.
first of its kind to register in the region. The resort offers great facilities and modern amenities. Hopefully, other beach resorts will follow to provide the much needed boost to help sustain the many tourism destinations and businesses in the region,” Pasigan said.
With the easing of movement restrictions and the increased mobility of people, he expected the tourism industry to bounce back after severely hit by the COVID-19 pandemic.
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On the other hand, the advocacy of the Alliance of Certified Enforcers is to unite and educate Philippine law enforcers of their democratic rights and economic welfare, to advance a scientific and mass-based orientation on law enforcement education and to encourage a proactive and dynamic participation of enforcers in various formation and Christian-driven way of life.
“Even better for patients buffeted by raging inflation, the new machines enables COMCI to extend an even higher level of dialysis services with no price increase from last year, which would have been inevitable had it continued using the previous brand of machines,” Floirendo noted.
However, COMCI is eyeing the more advanced Fresenius 5008 S On Line HDF model for its next deliveries to further elevate the standards of its kidney dialysis services.
The KS Agricultural Products Trading is engaged in halal poultry production and processing. Located in Barangay Kamasi, Ampatuan in Maguindanao del Sur, the project costs P149 million and will generate 150 employment.
The proponent is a producer of halal broiler chicken. It has a dressing plant and formulates its own feeds, the statement said.
“The Ministry of Agriculture, Fisheries and Agrarian Reform (MAFAR) is promoting the halal industry in the region. We are very happy that we now have a halal poultry in the region,” MAFAR Minister Mohammad Yacob said.
“The BARMM government will strengthen the regulations on halal certification for products in the region,” he added.
The Shahada Medical and Diagnostic Clinic is the first medical facility to register in the region. The medical center is located at Sousa Street, Rosary Heights XIII, Cotabato City. It has a total project cost of P 30.8 million and will generate 20 employment.
According to the statement, the clinic “is an avenue for health professionals with sub-specialties that facilitate the provision of timely, cost-effective and highquality diagnostic care for patients in a safe and secure environment.”
“The private health sector is growing rapidly and this newlyregistered clinic in the region is a good indication that investments are pouring in. This trend will continue due to the fundamentals that drive demand – population growth, increasing life expectancy, growing disease burdens, and
them recently due to the garbage collection problems encountered by many residents.
The incentive program of barangays has been amended to enable them to be paid if they collect and dispose of any type of garbage in the landfill.
“Before, if the barangay would dispose of residual garbage to the landfill, we would pay them P1.50 per kilo. However, now since it’s an emergency, we relaxed the said policy. Now, we pay the barangay if they dispose of any kinds of garbage,” Cuenca said in the vernacular.
“As of now, almost 20 barangays that have vehicles are continuing in their garbage collection,” he added.
The bidding process for the new garbage contractor would probably be done in the first or second week of February, Cuenca said.
The CLENRO head explained that internal problems experienced by IPM Waste CDO contributed to the current garbage collection problem.
“Maybe the repair process of their (IPM Waste CDO) vehicles as they need permission from Manila; and many of their trucks have been bogged down. Those are the reasons why,” Cuenca also said in the vernacular, adding that he would prefer if the new contractor is based here.
The city government is currently preparing the necessary documents to publish the bidding in the Philippine Government Electronic Procurement System (PhilGEPS) –the single, centralized electronic portal that serves as the primary and definitive source of information on government procurement.
Cuenca said the bidding would
Widely recognized as the cutting edge in Hemodiafiltration, the Fresenius 5008 S Online features a fully automated Blood Pressure Monitor (BPM*) that’s fully automated and noninvasive; a Blood Temperature Monitor (BTM*) that works towards hemodynamic stability during dialysis besides providing recirculation measurements; the availability of VAM and VenAcc* as additional features for the early detection of venous needle dislodgement; and availability of HD, HighVolumeHDF*(pre/post), HF (pre/post), and Single needle double pump (HD/HDF), among others.
The ESHOL study data clearly confirms the impressive benefits of HighVolume HDF including Improved Survival (30% risk reduction in all-cause mortality; 33% risk reduction in cardiovascular mortality; 55% risk reduction in mortality from infection; 61% risk reduction in mortality from stroke), Better Patients’ Well-Being (28% risk reduction in incidence of hypotensive episodes); and Reduced Hospitalization Costs (22% risk reduction in all-cause hospitalization).
With a global headquarters in Bad Homburg vor der Höhe, Germany, and a North American headquarters in Waltham, Massachusetts, Fresenius Medical Care has a 38% market share of the dialysis market in the United States. It also operates 42 production sites, the largest of which are in the U.S., Germany, and Japan.
DOMINADOR S. TADENA CIVIL CASE No. 21-11-295 Represented by his son, GHENI MARK TADENA, Plaintiff, -VS- FOR: RICKY F. ABA, CECILE A. REFORMATION OF GUMAPIT, LOURDES A. INSTRUMENT WITH CALAMBA, LEAH A. APPLICATION FOR FRANCIA, LEONORA A. PRELIMINARY PONTIVEROS AND LILIA F. INJUNCTION ABA, Defendants, x---------------------------------------------------------x COMPLAINT
Comes plaintiff by counsel, unto this Honorable Court, respectfully allege, A. PREFACE
1. This is an action incapable of pecuniary estimation, some instrument of sales of portions of registered land made in Cebuano vernacular signed by the parties at the barangay, the documents give no specific area, meters and bound, no technical description.
2. This action is within the jurisdiction of the Regional Trial Court.
3. The land is located at barangay Danatag, Baungon, Bukidnon.
B. PARTIES
4. Plaintiff is of legal age, Filipino, married, resident of Mendoza Compound, Patag, Cagayan de Oro City, he is a retired member of the Philippine National Police (PNP), his attorney-in-fact is his son Gheni Mark Tadena, of legal age, Filipino, married, also a resident of Mendoza Compound, Patag, Cagayan de Oro city: SPA is Exhibit A:
5. Defendants are all of legal age, Filipinos, married, except their mother Lilia who is a widow, they are presently residing at Sitio Langawon, Dansolihon, Cagayan de Oro City: they are the children and widow respectively of the late Roquito Aba who left behind two (two) parcels of registered lands, particularly lot 1365-D area of 2.76 hectares under TCT No. AT-26939-Exhibit B- and lot 1365-K area of 2,673 square meters under TCT No. AT-26940-Exhibit D; these leads are parapheral properties of Roquito Aba, he having inherited them from his parents; lot 1365-d has Tax Decalration No. 01-004-0373—Exhibit C- with assessed value of P 15, 420.00: Lot 1365-k has Tax Declaration No. 01-0040374 with assessed value of p1,510.00 - Exhibit E; 6. 1365-D has B1. Form V-37, Exhibit F and the survey plan of lot 1365, Psd-10-034867(AR), Csd 830, Exhibit G;
C. CAUSE OF ACTION
7. Plaintiff after his retirement from the police service in 1998, invested his retirement fee in small cassava farming in Baungon, Bukidnon, he accepted real estate mortgage on small agricultural areas which he planted to cassava: In the course of time, he befriended some of the local residents, one of whom are the Aba family, children of the late Roquito Aba: 8. On March 8, 2013, Ricky Aba sold to plaintiff his undivided share of the land left by his father, Roquito: the amount was P50,000.00 and the transaction was made at the barangay hall where the parties and witnesses signed the document which was in Cebuano dialect before the barangay Chairperson Erlinda Dominguez, copy of the document is Exhibit H; 9. On August 19, 2019, Cecile A. Gumamit sold her undivided share to plaintiff for the sum of P60, 000.00; the sale was done at the barangay hall, the “Kasabutan” was in Cebuano signed by the parties and witness before Barangay Chairman Arnold Calang, Exhibit 1; 10. On June 15, 2020, Lourdes A. Calamba also sold her undivided share of the land to plaintiff for the sum of P60, 000.00; the transaction happened in the barangay hall. The “Kasabutan” was in Cebuano signed by the parties and witnesses before the Barangay Chairman, Eimero E. Yamut, Exhibit J; 11. On November 8, 2019, Leonora A. Pontiveros mortgaged to plaintiff her undivided share for the sum of P25, 000. 00 for a term of five (5) years or until year 2021, the “Kasabutan” is in Cebuano signed by the parties before the Barangay Chairman, Exhibit K; 12. On March 23, 2020, Leah A. Francia mortgaged her undivided share for the sum of P25, 000. 00 to plaintiff for a term of five (5) years, the “Kasabutan” was in Cebuano signed by the them and
Exhibit C Tax Declaration No. 01-004-00373 for lot 1365-D with assessed value of P15,420.00.
Exhibit D TCT No. AT-26940, Lot 1365-K in the name of Roquito Aba.
Exhibit E Tax Declaration No. 01-004-00374 for lot 1365-K with assessed value of P1,510.00.
Exhibit F BL Form V-37 for lot 1365-D
Exhibit G Survey Plan, Psd-10-034867 (AR) for lot 1365, Csd 830, Baungon Cadastre
Exhibit H Kasabutan-march 8, 2013 between Ricky Aba and Dominador Tadena, sale of Ricky’s share for P50,000.00 (Barangay Danatag)
Exhibit I Kasabutan-August 19,2019 between Cecile Aba Gumamit and Dominador Tadena for the sale of her share for the sum of P60,000.00 (Barangay Danatag)
Exhibit J Kasabutan-June 15, 2020 between Lourdes Aba Calamba for the sale of her share to Dominador Tadena for the sum of P60,000.00 (Barangay Danatag).
Exhibit K Kasabutan-November 8, 2019 between Leonora A. Pontiveros and Dominador Tadena for the mortgage of her land for the sum of P25,000.00 a period of five (5) years ending 2025. (Barangay Danatag)
Exhibit L Kasabutan-March 23, 2020 between Leah Aba Gumamit and Dominador Tadena for the mortgage of her land for the sum of P25,000.00 for a period of five (5) years ending 2025 (Barangay Danatag)
WHEREFORE. It is prayed for that a Decision be issued directing defendant to subdivide lot 1365-D equally among the legal heirs of Roquito Aba, 8 of them, seven children and the surviving wife; that the shares of Ricky, Cecile and Lourdes be ceded, Transferred and conveyed into the plaintiff; that defendant Leonora A. Pontiveros and Leah A. Francia be ordered to execute Deed of Real Estate Mortgage of their respective share to plaintiff for a period of five (5) years until the year 2025.
Plaintiff further pray for other just and equitable reliefs.
Cagayan de Oro City, for Manolo Fortich, Bukidnon. October 31, 2021.
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ii. OBJECT EVIDENCE Exhibit MM-12 Pictures of plaintiff 2 farm houses and cassava farm. iii. TESIMONIAL Exhibit N Judicial Affidavit of Plaintiff. 24. Plaintiff makes reservation for additional witnesses whose Judicial Affidavit may be filed to this Honorable Court on pre-trial hearing; G. APPLICABLE LAW 25. Plaintiff invokes Article 1359 to 1369, Book IV, Title II, Chapter 4, Civil Code of the Philippines 26. Plaintiff invokes the ruling of the Supreme Court in the cases; a. Multi-Instrument
b.
Capital and Management Corporation vs. Stalwart Management Services Corporation - 526 SCRA 420
Frabelle Fishing Corporation vs. Philamlife Insurance Company – 530 SCRA 543. I. PRAYERS
BWM Jan 9, 16 & 23, 2023
CREDIBLE RELIABLE IN-DEPTH
The Fresenius Paradigm Shift
