REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 45
MANILA CITY

MARIA LUISA RAMOS,

Petitioner,

Civil Case No. 2117329

FOR: Declaration of Nullity
of Marriage on the ground
of Article 36 of the Family
Code
-versus-

MACARIO DE MESA,

Respondent.

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

ANSWER

COMES NOW, the Respondent, through the undersigned

counsel and unto this Honorable Court, most respectfully
states the following in response to the Petition for Declaration
of Nullity of Marriage:

1. Paragraph 2 is admitted insofar as Respondent’s

personal circumstances are concerned;

2. Paragraph 3 is admitted insofar as the dates, names,

and validity of the annexes attached in relation to the
aforesaid paragraph;

3. Paragraph 4 is admitted insofar as the fact of continuing

separation of abode of Respondent and Petitioner, but
the reason for it is denied. Being the truth for that
matter is that Respondent worked abroad for 5 years
 and when he came back, Petitioner was already
engaged in extra-marital affairs with her dance
instructor, Miguel Caracute;
4. Paragraph 5 is admitted insofar as the fact of resorting
to counselling sessions of Respondent and Petitioner to
remedy their failing marriage; however, the allegation
that Respondent is resistant in the counselling sessions
which resulted in the sessions’ unproductiveness is
denied. Being the truth of the matter is that Petitioner
continuously avoided the sessions, as evidenced by the
logbook of the counselling clinic;

5. A copy of the logbook of the counselling clinic is

attached hereto as ANNEX “1” and made an integral
part hereof;

6. Paragraph 8 is denied insofar as to its validity and

accuracy since the psychiatrist was not able to test
personally the Respondent. Likewise, the result of such
psychology test did not conclude the juridical
antecedence of the alleged psychological incapacity of
the Respondent;

7. Paragraph 9 is denied in its whole totality for being an

unreasonable conclusion based on the one-sided
psychological test which failed to properly show how
Respondent’s alleged psychological incapacity was not
able to comply with this essential marital obligation.
 PRAYER

WHEREFORE, with the abovementioned premises

considered, it is respectfully prayed upon this Honorable Court
that:

1. The custody of the three minor children be shared

among the parties until the marriage is finally fixed
or voided;

2. Support be lowered due to earning capacity of the

Respondent as evidenced of his bank book as
attached hereto as “Annex 2”;

3. Petition for declaration for nullity of marriage be

denied.

Respondent also prays for other reliefs as may be

deemed just and equitable.

Makati City for Manila City, Philippines, 16 October 2019.

By:

ZAFRANCO AND ASSOCIATES LAW OFFICE

Counsel for Plaintiff
th
48 Flr, RCBC Plaza, Ayala Ave.,
Makati City, Philippines
Tel no. 02 762 4871

Through:

ATTY. HERACLEO ROSS P. ZAFRANCO

Roll No. 11303
IBP No. 21222/06-21-21/RIZAL
PTR No. 84560/06-22-21/RIZAL
MCLE Compliance No. Z-2493592
+63 917 522 8178
 attyheracleo@zalo.com

Copy furnished:
Counsel of Petitioner
Petitioner
Office of the Solicitor General
VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING

I, MACARIO DE MESA, of legal age, do hereby state

that I am the Petitioner in this case; I have read its contents
and affirm that they are true and correct to the best of my
own personal knowledge; I hereby certify that there is no
other case commenced or pending before any court involving
the same parties and the same issue and that, should I learn
of such a case, I shall notify the court within five (5) days
from my notice.

IN WITNESS WHEREOF, I have signed this instrument on

16 October 2019.

MACARIO DE MESA
Affiant

SUBSCRIBED AND SWORN TO before me in the City of

Makati on this day of 28 August 2019, affiant exhibiting before
me his community tax certificate no. ________ issued on
January 2019 at Manila City.

Notary Public
Until 25 January 2020
PTR No. 748596
Issued at Makati City
On 25 January 2019

Doc. No. __
Page No. __
Book No. __
Series of 2019.
ANNEXES 1-2