Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region

Branch _____

Pasay City

Gail Montero, CIVIL CASE NO. _______

Petitioner

-versus FOR:

Calixto Montero, DECLARATION OF NULLITY

Respondent, OF MARRIAGE

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

ANSWER

Respondent, CALIXTO MONTERO, through the undersigned counsel, and unto this
Honorable Court, most respectfully avers the following in response to the Petition for
Declaration of Nullity of Marriage.

1. Paragraphs 1,2, and 3 is admitted insofar as his personal circumstances are concerned.
2. Paragraph 4 is partially admitted in so far as to when and where they have met, and the rape
case filed against him but deny sub-paragraph 4.1 to 4.4 pertaining to the allegations of rape
and molestation against petitioners. The rape case was personally been dropped by the
petitioner, herself, because they were in a real relationship. Petitioners parent’s approval was
not due to fraud or intimidation.
3. Paragraph 5 and 6 is admitted only to what Petitioner has done to the respondent and to the
impotency but deny that he abused her nor does the Respondent has an affair.
4. Paragraph 7 is deny.
5. Paragraph 8, 9, 10, 11, and 12 is admitted but only to the psychological evaluation but deny
the findings of the evaluation.
6. The Respondent raises by way of an affirmative defence that the petition FAILS TO STATE
A CAUSE OF ACTION.
6.1. There was no fraud or intimidation as per the obtaining the consent of the Petitioners
Parent.
 6.2. The psychological evaluation perform by Dr. ____ and Dr. ____ was insufficient to
actually prove that Respondent is psychologically incapacitated to perform his marital
duties.
6.3. That by virtue of Article 47 of The family code such cause of action has already
prescribe as the Petitioner didn’t file a petition within their first five years of marriage.
6.4. The Respondent thus respectfully prays that the petition be dismissed for FAILURE TO
STATE A CAUSE OF ACTION.

WHEREFORE, it is most respectfully prayed of this Honourable Court that judgment be

rendered dismissing the petition for Declaration of Nullity of marriage between petitioner Gail
Montero and respondent Calixto Montero for failure to show proof that it is null and void under
Article 36, and Article 45 of the family Code.

All other just and equitable reliefs are also prayed for.

Cypress, Forbes, Makati City, August 16, 2018.

Other reliefs just and equitable are likewise prayed for.

Makati City Philippines, August 16, 2018.

ADK Law Firm

Counsel for Respondent
27th Floor Trafalgar Bldg.
888 H.V. Dela Costa St., Makati City
Tel. No. 800-0001 to 04
Email: firmjek@jeklaw.com.ph

By:

NEIL PATRICK RAPOSON

Roll No. 37489
IBP No. 457133/1-3-2014/Manila
PTR No. 32414131/1-3-2014/Manila

Copy furnished
LK LAW FIRM
Counsel For Petitioner
Suite 204, Puso ng Baguio
Session Road, Baguio City

BY:
Atty. __________________
IBP: 99434543, 2/17/12, Baguio City
PTR No. 23434, 1/16/12; Baguio City
Roll No. 34534, 4/8/11; Manila
MCLE Compliance No. IV-45546, 7/7/14; Baguio City
Telefax No. (074) 442 -3495-08653, Mobile no. 09394354456

Office of the City Prosecutor (Personal Service)

Justice Hall, Makati City
Office of the Solicitor General (Registered Mail)
134 Amorsolo St. Legaspi Village
1129 Makati City, Metro Manila

EXPLANATION
A copy of the foregoing ANSWER was sent through registered mail to the office of the Solicitor
General due to the distance, and manpower constraints.
 VERIFICATION/CERTIFICATION

I, Calixto Montero, of legal age, married, Filipino, and a resident of Forves, Makati
City, after being duly sworn in accordance with law, depose and state:

1. I am the respondent in this case;

2. That I have caused the preparation of this pleading;

3. I have fully read and understood the same;

4. That the allegations contained therein are true and correct based on my personal
knowledge and on authentic documents;

IN WITNESS WHEREOF, I have hereunto set my hand this 11 day of August 2018 in
the City of Baguio.

GAIL MONTERO

Affiant

Social Security System No. 2346375643

Issued in Makati City

SUBSCRIBED AND SWORN to before me this 16th day of August 2018 at Makati
City, Philippines, by affiant who exhibited competent evidence of identity bearing his
photograph and signature the specifics of which are indicated below his names

Doc. No. ___; ATTY. __________________

Page No. ___; Notary Public until Aug. 2018

Book No.___; PTR No. 2162937/ 5-10-12

Series of 2018. Makati City