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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Maasin City, Southern Leyte
Branch 25


EVA L. TOMOL,
Petitioner,
SPECIAL CIVIL CASE No. 0001
For:
-versus- JUDICIAL DECLARATION OF
NULLITY OF MARRIAGE

ROSTUM T. PADILLA,
Respondent.

x-----------------------------------x

ANSWER

Respondent through the undersigned counsel and in answer to the
petitioner’s petition unto this Honorable Court, most respectfully avers
that:

1. The respondent admits paragraphs 1 – 6 of the petition;


2. The respondent denies a particular allegation in paragraph 7 of the
petition and claims that it was not him who opted to stay home but
it was Eva who volunteered to be the one to work abroad because
she pitied on him having low educational attainment. Because of
her love for him, she would not want Rost to experience
maltreatment because of the inability to understand and speak
foreign language;

3. The respondent admits the allegations in paragraph 8 that Eva had
regularly sent him money. But he denies the allegations that he
would always complain about his work because of poor salary. He
said that it was Eva who wanted him to stop working in Café Laguna
because of poor salary. She wanted him to just concentrate on the
rent-a-car business they long planned to establish.

4. He further denies having sold the car and the tricycle so he could
have money to use for the caesarian delivery of his paramour. It was
their agreement to sell the car and tricycle because they are old and
already earning less;


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5. The respondent admits the allegations in paragraph 9 that while Eva
was in abroad he was in a relationship with another woman. But, he
explained that because of his human basic need he gave in to the
temptations made by his neighbor Vanessa Long (Evanz for brevity).
He said that they did not stay together in one roof. Their sexual
encounter happened only once and was never repeated. The child
that Evanz delivered was not his. Evanz had another boyfriend
before him;

6. The respondent further denies the allegation of Eva in paragraph 9
that he chose Evanz instead of the former. He could not afford
losing Eva because he is still in love with her. It was Eva who
decided to leave him despite his pleading to save the marriage;

7. The respondent describes all the statements of Eva as malicious and
should be disregarded. The respondent alleged that the petitioner’s
act of filing the petition was intended to deprive him of his share of
their conjugal properties.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that
after trial, judgment be rendered by this Honorable Court that the
petition be declared dismissed with costs against the petitioner.

Other reliefs just and equitable are prayed for.


City of Maasin, August 15, 2014.


ARIEL B. LUNZAGA
Counsel for the
Respondent
San Isidro, Tomas
Oppus Southern Leyte

Roll of Attorney No.
108765
IBP No. 1234567/2-5-
13/Southern Leyte
PTR No. 87654123/12-
22-13/Southern Leyte


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VERIFICATION/CERTIFICATION OF FORUM SHOPPING


Republic of the Philippines )
Province of Southern Leyte)
City of Maasin) S.S.


I, Rustom T. Padilla, of legal age, Filipino citizen, married, and
resident of Barangay Guadalupe, Carcar City, Cebu after having been
duly sworn to in accordance with law do hereby depose and say:


1. That I am the respondent in the above-entitled case;
2. That the facts stated in the above answer are true and correct to
the best of my knowledge and authentic records;
3. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein;
4. That if I should learn thereafter that a similar action or
proceeding has been filed or is pending, I hereby undertake to
report that fact within five (5) days therefrom to this Honorable
Court where the original pleading and sworn certification
contemplated herein have been filed;
5. I executed this verification/certification to attest to the truth of
the foregoing facts and to comply with the provisions of Adm.
Circular No. 04-94 of the Honorable Supreme Court.


IN WITNESS WHEREOF, I have hereunto affixed my signature this
30
th
of July 2014 in the Municipality of Sogod, Southern Leyte.


RUSTOM T. PADILLA

SUBSCRIBED AND SWORN to before me this 15
th
day of August,
2014, in the City of Maasin, affiant exhibiting to me his Driver’s License
No. 6789 issued by the Land Transportation Office on March 20, 2010 at
the City of Maasin.


ARIEL B. LUNZAGA
Counsel for the
Respondent


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San Isidro, Tomas
Oppus Southern Leyte

Roll of Attorney No. 108765
IBP No. 1234567/2-5-
13/Southern Leyte
PTR No. 87654123/12-
22-13/Southern Leyte



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Series of 2014.