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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH ______
PASIG CITY

ABIGAIL GUISADIO UNCIANO


Petitioner,

S.P. No.
FOR: DECLARATION OF NULLITY
OF MARRIAGE WITH PRAYER FOR
PROTECTION ORDER

MARK ERIC LUARTES UNCIANO


Respondent.
x-----------------------------------------x

ANSWER TO PETITION FOR DECLARATION OF NULLITY OF MARRIAGE


WITH URGENT PRAYER FOR TEMPORARY PROTECTION ORDER

The RESPONDENT, through counsel, and to the Honorable Court,


most respectfully avers that:

ADMISSION AND DENIALS

1. He admits the allegations in paragraph 1, 2, 3, 6, 7, 9, 10, 14, 21;

2. He was without knowledge or information to form a belief to the


truth of the allegations in paragraph 4, 5, 15, 16;

3. He specifically denies each and every material allegations in


paragraph 8, 11, 12, 13, 17, 18, 19, 20, 22.

SPECIAL AND AFFIRMATIVE DEFENSES

4. Contrary to the allegations in paragraph 8, it was Petitioner who


initiated fight over petty matters. She was the one who asserted
dominance in her own home because she knows that Respondent
would not react negatively in front of her parents. When she
became pregnant with our child;

5. As to paragraph 11, Respondent did not stayed at home because he


was engaged in part-time employment. While most of the familys
income is coming from petitioner, Respondent was able to provide
small amount of money from his sideline as a waiter in Adriatico
Restaurant in Cubao, Quezon City;
6. The allegations of petitioner in paragraph 12 are not without
reason. Respondent was told by his friend ROBERT MARIANO that
petitioner was having an affair with his former boyfriend, RYAN
MONTEVERDE. According to MARIANO, he saw petitioner and
MONTEVERDE in a restaurant in Pasig while holding hands and
exchanging kisses in the cheeks. The Affidavit of ROBERT MARIANO
to this effect is attached as Annex A and made an integral part of
this pleading;
7. The allegation in paragraph 13 is just surmises and conjectures of
the petitioner to make it appear that she was physically harmed by
the respondent. To prove this fact, the Affidavit of RODOLFO
SABAYTON, petitioners boss in Orchid Cybertech Services, Inc. in
Pasig City is attached herein as Annex B to prove that no such
event happened;
8. Contrary to the allegation that respondent is suffering from
HISTRIONIC PERSONALITY DISORDER WITH UNDERLYING ANTISOCIAL

FEATURES found in paragraph 17, 18, 19, Respondent engaged the


services of DR. WICKY VELO to examine if Respondent is suffering
from any personality disorder. The evaluation showed negative
results. Attached herein is the copy of the psychological evaluation
report of DR. WICKY VELO attached as Annex C

PRAYER

WHEREFORE, it is respectfully prayed of the Honorable Court that


after due notice and hearing, judgment be issued:

1. Dismissing the petition for the declaration of nullity of marriage


between respondent and petitioner for failure to show proof that it
is null and void under Article 36 of the Family Code;
2. Lifting the Temporary Protection Order (TPO) issued against
Respondent

Petitioner further prays for other reliefs as may be deemed just and
equitable under the premises.

Pasig City, 20 January 2016

ANGELO M. VANGUARDIA
Counsel for the Respondent
#7 Lex Citadel Bldg, La Salle St.,
Brgy. Silangan, Cubao, Quezon City
PTR No. 203281/Quezon City/Jan 2, 2016
IBP No. 783201/Quezon City/Oct. 14, 2014
Roll No. 76301
MCLE Compliance No. X-000261/Jan. 13, 2015
Tel No. (02) 901-14-83

Copy furnished through personal service:

ROBERT MICHAEL A. SIA


Counsel for the Petitioner
15 V. Hilario St., San Antonio, Pasig City
PTR No. 2701047
Issued in Pasig City on Oct.31,2014

IBP No. 975749


Issued in Pasig City on Oct.17,2014
Attorneys Roll No. 43761
MCLE Compliance Certificate No.
V-003829
Issued on Oct.1,2014
Tel No. 5701116

PROOF OF SERVICE

I, RAMON MAGSAYSAY, messenger of ATTY. ANGELO M.


VANGUARDIA, herein counsel for Defendant MARK ERIC LUARTES
UNCIANO, hereby certify that I personally delivered Defendants Answer
dated 20 January 2016, to Plaintiff ABIGAIL GUISADIO UNCIANO, with
address at 75 East Capitol Drive, Pasig City. The Answer was received by
plaintiff herself.

RAMON MAGSAYSAY
Affiant

SUBSCRIBED AND SWORN to before me this 20th day of January at


Quezon City, affiant exhibited to me his POSTAL I.D. NO. 123456 issued at
LTO Quezon City, Philippines.

ATTY. ELPIDIO QUIRINO


Notary Public
PTR No. 7654321/1-11-15/Q.C.;
IBP No. 209374/1-6-12;
MCLE Compliance No. 4321, May 4, 2013
Roll No. 54321
Tel No. (02) 901-14-88

Doc No.
Page No.
Book No.
Series of 2015

Copy furnished through registered mail to:

ROBERT MICHAEL A. SIA


Counsel for the Petitioner
15 V. Hilario St., San Antonio, Pasig City
PTR No. 2701047
Issued in Pasig City on Oct.31,2014
IBP No. 975749
Issued in Pasig City on Oct.17,2014
Attorneys Roll No. 43761
MCLE Compliance Certificate No.
V-003829
Issued on Oct.1,2014
Tel No. 5701116

EXPLANATION
(Pursuant to Rule 13, Sec. 11 of the 1997 Rules of Civil Procedure)

A copy of the foregoing Answer was served on Petitioners counsel


by registered mail due to time constraints and lack of messenger to
effect personal service

ATTY. ANGELO M. VANGUARDIA


Counsel for Defendant