REPUBLIC OF THE PHILIPPI

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 67, Makati City

BAN OF THE PHILIPPINES ISLANDS, CIVIL CASE NO. 109700

Plaintiff,
FOR: SUM OF MONEY
- Versus -

SPS. EXPEDITO JOGUILON LINEJAN

And GEMMA PIEDAD LINEJAN,
Dependants.
X - - - - - - - - - - - - - - - - - -/

ANSWER

Defendant GEMMA P. LINEJAN, by herself, to this HONORABLE COURT, most

respectfully and HONESTLY avers:

1. That as regards to Paragraph 1 of the Complaint, she admits the existence of the said
Domestic Commercial Banking Corporation but she is bereft of sufficient information
and knowledge about its operation;

2. That as regards to Paragraph 2, she vehemently DENIED that she is married to

defendant EXPEDITO JOGUILON LINEJAN allegedly on November 26, 1986, for
their married was declared NULL AND VOID AB INITIO by Regional Trial Court, 7 th
Judicial Region, Branch 22, Cebu City in July 23, 2014. Photo Copy of the said
Decision is hereto attached and marked as ANNEXES “A”, “A-1”, “A-2”. “A-3”, “A-
4”, “A-5”, “A-6”, and “A-7”, consecutively; further, Defendant EXPEDITO
JOGUILON LINEJAN left our conjugal home in 230 Nillas Street, Poblacion, Sibulan,
Negros Oriental sometimes in 2009 yet, and lived with another woman in Cebu City,
and never came back until the present depriving our family from economic support;
that he totally abandoned us that moment he filed a Petition for Declaration of Nullity
of our Marriage sometime in April 27, 2012; that because defendant EXPEDITO
JOGUILON LINEJAN had stopped his support to our family, my youngest son, Edsel
Linejan had to stopped his schooling ; that in November 2013, defendant EXPEDITO
JOGUILON LINEJAN arrived in Dumaguete City, Negros Oriental and this time he
cohabited with another woman, named MIRALIE GOMERI, a school teacher in
Bindoy District, Bindoy, Negros Oriental and they have cohabited in Canday-ong,
Dumaguete City, Negros Oriental; that because of the attitude of defendant
EXPEDITO JOGUILON L;INEJAN towards his family, she filed a criminal case
against him under Crim. Case No. 2014-22153 against him for Violation of Section 5
(i) of R.A. 9262 before the Regional Trial Court of Negros Oriental, 7 th Judicial
Region, Branch 31, Dumaguete City, and a WARRANT OF ARREST was already
issued by Presiding Judge, Mercedita Sarsaba, for his arrest, and Photo Copy of which
is hereto attached and Marked as ANNEX “B”;

3. That in view of the foregoing manifestation, as regards to paragraph 2.1 of the

complaint, she should not be impleaded as a party defendant in this case not only
because the said transactions is purely personal of defendant EXPEDITO JOGUILON
LINEHAN which does not benefits his family and she has nothing to do with it, but
basically, pursuant to the exemption laid down by Section 4, (a) 0f Rule 3 of the 1997
Rules of Civil Procedure, which states and provides:

Page (1)
 “ Section 4. Married Woman-- A married woman may not sue or be sued alone without
joining her husband, except in the following instances:

a) When they are judicially separated.

b) x x x x

4. That she VEHEMENTLY DENIED paragraphs 3, 4, 5, 6, 7, 8 9,10, 11, 12, and 13, for
she has no sufficient knowledge and information of all the allegations stated therein
being not a party to the transactions between defendant EXPEDITO JOGUILON
LINEJAN and the Bank and being a personal transaction of her husband;

PRAYER

WHEREFORE, viewed from foregoing, it is most respectfully prayed of this

Honorable Court to DISMISS the Complaint against herein defendant for being patently
without legal and factual basis.

It is also prayed for such other relief as may be deemed just, proper and equitable
under the premises.

RESPECTFULLY SUBMITTED this August 30, 2014, Sibulan, Negros Oriental for
Metropolitan Trial Court, Branch 67, Makati City.

GEMMA P. LINEJAN
(Defendant)

Copy Furnished:

ATTY. MARIQA ELENA C. RAMIRO

M.C. RAMIRO & ASSOCIATES
Counsel for the Plaintiff
2423 Zamora Street, Pasay City

BRIEF EXPLANATION ON THE MODE OF SERVICE

Copy of this answer was served on the plaintiff’s counsel by registered mail on account
of impracticability of personal service due to the distance.

GEMMA P. LINEJAN
(Defendant)