Report: Mishiel Lapasaran-Torrefiel v Clifford Rey Torrefiel Course: Juris Doctor 1 Student: Angelica Regina A. Rosales Professor: Atty. Judiel M. Pareja
II. Introduction
Petitioner, Mishiel Lapasaran Torrefiel the wife of the defendant Clifford Rey Torrefiel filed a declaration for the nullity of marriage and custody of the children. Defendant has deemed to be psychologically incapacitated to comply his marital obligations.
III. Discussion
Petitioner and the defendant's marriage was celebrated on 2009. They only have one son named Karlson Dave Lapasaran. During their marriage, they acquired a property situated in Muana Subdivision, Mohon, Talisay, Cebu. Wife claimed that she was only the one who solely funded the property, furnitures and appliances and it was only through her salary and that the defendant's job was an on-call waiter once a week. Wife contends that the husband was not able to provide the needs of the family because his wage is only good for his needs, and that, the defendant is addicted to drugs and gambling.
2010, the wife-petitioner went to Qatar for work in order to provide the needs of their family especially for their son. During her stay in Qatar, she got a call from her sister that the appliances of their house were gone, and that, the husband-defendant was the one who sold the appliances in order to finance his vices. The wife stated that they both agreed with the defendant that no one will contradict to the decision of the court, as to whom the court will give the child's custody. When asked by the Judge if the petitioner can take care the custody of the child, the wife agrees.
There was also presentation of evidences that during the court proceedings. Certificate of marriage, Certificate of live birth of their son, Transfer of certificate of title no. 3-153323, Tax declaration of property of