Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch _____, _____________ City

______________________
Petitioner,

- versus - CIVIL CASE NO. _________

FOR: DECLARATION OF
NULLITY OF MARRIAGE

_________________________,
Respondent.
x - - - - - - - - - - - - - - - - - - - - -x

ANSWER
WITH SPECIAL AFFIRMATIVE DEFENSES
AND APPLICATION FOR SUPPORT PENDENTE LITE

Respondent ____________________________, through the

undersigned counsel, and unto this Honorable Court most
respectfully states - THAT:

ADMISSIONS

1. Respondent ADMITS the allegations in paragraph 1

of the petition only insofar as the petitioner’s name
and age, and respondent’s name, age, and address;

2. Respondent ADMITS the allegations in paragraph 2

and 3 of the petition;

3. Respondent ADMITS the allegations in paragraph 9

of the petitioner

DENIALS

4. Respondent specifically DENIES the allegation in

paragraph 1 of the petition as to the residence of the
petitioner because the truth of the matter is that at
the time he filed the petition he is not a resident of
 Parañaque City as qualified by the RULE ON
DECLARATION OF ABSOLUTE NULLITY OF VOID
MARRIAGES AND ANNULMENT OF VOIDABLE
MARRIAGES (A.M. No. 02-11-10-SC) as will be
discussed in the affirmative defenses;

5. Respondent specifically DENIES the allegation in

paragraph 4 of the petition that petitioner and
respondent has been separated since 2007 because
they have been living together till December of
2012, as evidence hereto attached is a copy
petitioner’s ID, community tax certificate, and
barangay clearance, marked as Annex “1”, “2”, and
“3” respectively;

6. Furthermore the neighbor and friend of petitioner

and respondent executed an affidavit attesting to
the fact that she knows that petitioner was still
residing at their conjugal home in Rizal till
December of 2012, as evidence hereto attached is
the affidavit of Merla Aguilar, marked as Annex “4”;

7. Respondent specifically DENIES the allegation in

paragraph 5 of the petition alleging that petitioner
and respondent failed to perform the essential
requisites of marriage as stated in the psychological
evaluation conducted by Dr. Arnaldo V. Lozano for
the following reasons:

7.1 The findings of Dr. Arnaldo V. Lozano is based

only on the representation of the petitioner, and
cannot be made as basis for the findings of
psychological incapacity of both parties. In fact the
respondent was not given an opportunity to
participate in the conduct of the psychological
evaluation hence any evaluation on psyche is
without any basis.

7.2 In addition the findings stated in paragraph

5.3 is untrue and fabricated for the purpose of
making it appear that she is a cold and an uncaring
partner of petitioner, when in fact she has always
supported the petitioner’s decision. She is very
patient with and even endured life here in the
Philippines in order to be with her family, despite
having a meager salary. Their disagreement only
stemmed from the selfish ambition of petitioner to
 be rich as they often argue about petitioner’s
constant prodding to respondent to work abroad.

7.3 The findings in paragraph 5.1 are also contested

as the petitioner often confided his problems to
respondent, wherein the latter consoled and
supported him in return. Furthermore even in
totality of the findings presented by the clinical
psychologist is not enough to say that petitioner is
incapable of complying with the essential requisites
of marriage, when they have lived as husband and
wife for 8 years.

8. Respondent specifically DENIES the allegation in

paragraph 6 of the petition that the respondent is a
spoiled brat for being false, untrue and baseless.
The truth of the matter is that respondent has
always helped her family even though she was
young by doing house chores. She obeys her
parents and older siblings in their requests and
commands which is contrary to the allegation
against her being a spoiled brat;

9. Respondent specifically DENIES the allegation in

paragraph 7 of the petition the truth of is that both
parties complied with their essential marital
obligations at the start of their married life. It is the
petitioner’s whim and ambition that caused their
separation in fact, as he wants to marry in the
future a woman who is a citizen of a foreign
country, with whom he is currently in a relationship
with;

SPECIAL AND AFFIRMATIVE DEFENSES

10. Respondent incorporates and repleads all the

foregoing allegations herein and by way of prayer for
the dismissal of the petition hereby alleges as
follows:

10.1 At the time the petition was filed on January

27, 2013, petitioner was not a resident of No. 4
Libas Site Sampaloc 1, BF Homes, Las Pinas City
but a resident of Lot 25, Block 20, Sto. Niño
Bilibiran, Brgy. Antipolo, Rizal, which is their
conjugal home;
 10.2 The petitioner in this case, after leaving their
conjugal dwelling in December 2012, is now seeing
a woman who is a citizen of a foreign country;

10.3 The address stated in the petition is the house

of petitioner’s brother with whom he is not even
staying. The petitioner is merely using the address
for the purpose of fixing the venue in Las Pinas City;

10.4 It is obvious that the purpose of the petition

not being filed in Antipolo, Rizal, where the
petitioner and respondent resides but in the City of
Las Pinas, was in the hopes that the respondent
would not be able to file an opposition to the
petition;

11. Furthermore the petitioner in this case did not

present evidence that he is indeed a resident No. 4
Libas Site Sampaloc 1, BF Homes, Las Pinas City,
six (6) months prior to the filing of the petition;

12. From the foregoing it can be gleaned that petitioner

is not a resident of No. 4 Libas Site Sampaloc 1, BF
Homes, Las Pinas City but a resident of Lot 25,
Block 20, Sto. Niño Bilibiran, Brgy. Antipolo, Rizal,
and thus his petition should be dismissed for
improper venue;

ALLEGATION IN SUPPORT FOR THE

APPLICATION FOR SUPPORT PENDENTE
LITE

13. Respondent repleads and incorporates the foregoing

allegation in support for the application for support
pendente lite and hereby allege as follows:

a. Petitioner reduced the support it is giving to

petitioner from P 14,000.00 to P 10,000.00 despite
the fact that petitioner knows that their child is
starting school, and the need for the tuition fees
and other school expenses is desperately needed;

b. Petitioner is very capable of providing support

being gainfully employed as a police officer, and has
an income of more than P 30,000.00;

14. Petitioner is currently in an illicit relationship with

another woman. If he is not spending money on
 himself, he spends it on this petition which in fact
he loaned money for;

15. Petitioner also plans to marry the woman he is

currently in a relationship with, if and when the
case is rendered in his favor. This is the real reason
why petitioner filed this case for declaration of
nullity against herein respondent;

16. In view thereof, respondent is seeking that the

petitioner be made to provide ample and regular
support during the pendency of the case, and
thereafter, that the same be made permanent,
regardless of its outcome;

17. Under the Family Code, “the obligation to give

support shall be demandable from the time the
person who has a right to receive the same.” 1 And in
addition, “During the pendency of the action and in
the absence of adequate provisions in a written
agreement between spouses, the Court shall provide
for the support of the spouses and the custody and
support of their children.2” It is clear that the Court
can set and fix the amount needed for the support
of the spouses;

18. From the foregoing arguments, the petitioner is

obliged to support herein respondent, and the
petitioner should not be allowed to continue his
non-compliance with his obligation.

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that:

a.) The petitioner be required to provide regular monthly

support during the pendency of the instant action in the
amount of not less than FOURTEEN THOUSAND PESOS (P
14,000.00)

b.) The petitioner be ORDERED to provide support even

after the conclusion of the instant case;

c.) This case for declaration of nullity of marriage be

DENIED for lack of evidence to show that either one of the
parties is psychologically incapacitated to comply with the

1
Art. 203, Family Code of the Philippines, August 03, 1988.
2
Art. 49, Family Code of the Philippines, August 03, 1988.
marital obligations of marriage as defined in Art. 36 of the
Family Code.

OTHER RELIEFS AND REMEDIES just and equitable

under the law are likewise prayed for.

_____________, City of __________ Philippines.

COPY FURNISHED

Office of the City Prosecutor (Personal Service)

rd
3 Flr. Parañaque City Hall, Parañaque City

Office of the Solicitor General

134 Amorsolo Street,
Legaspi Village, Makati City

EXPLANATION

Please be informed that the undersigned counsel served

the foregoing through registered mail due (1) to distance of the
office, (2) and the lack of manpower to provide personal
service.
 VERIFICATION and CERTIFICATION
OF NON-FORUM SHOPPING

I, ISABELITA CORTES-BANOGON, of legal age, Filipino,

married, and resident Lot 25, Block 20, Sto. Niño Bilibiran,
Brgy. Antipolo, Rizal, after being sworn in accordance with
law, hereby depose and say that:

1. I am the respondent in this case;

2. I have caused the preparation of this Answer;

3. The allegations therein are true and correct of our my

personal knowledge and based on authentic records;

4. There are no other similar action or proceeding which

has been filed with the Supreme Court, Court of Appeals or
any other court or agency, involving the same issues and
parties; and if I should thereafter learn that a similar action or
proceeding has been filed before the Supreme Court, Court of
Appeals or any court or agency, I undertake to report the said
fact within five (5) days there from to the Honorable Court.

IN WITNESS WHEREOF, I hereby set my hand and affix

my signature this ___ day of June 2013, at Parañaque City.

ISABELITA CORTES-BANOGON
Affiant
 SUBSCRIBED AND SWORN to before me this ___ day of
June 2013, affiant exhibiting to me her _______ I.D No.
_________, issued by the __________________________.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013.