Republic of the Philippines

National Capital Region

REGIONAL TRIAL COURT
Las Piñas City
Branch 75

EDUARDO O. DAMAYO,
Petitioner,

- Versus - Civil Case No. 123456

For: Declaration of Nullity of
Marriage
MA. KRISTINE S. NARAJA-DAMAYO,
Respondent.
X------------------------------------X

ANSWER
COMES NOW defendant, through the undersigned counsel and unto
this Honorable Court, most respectfully avers the following:

1. Paragraph 2 of the Petition is admitted insofar as his personal

circumstances are concerned;

2. Paragraph 6 is admitted with respect to the fact and manner of his

marriage to the petitioner;

3. Paragraph 7 is denied, the truth of the matter being that she did
have her reasons for being emotional and very sensitive since Petitioner,
during their six year relationship as boyfriend and girlfriend, had a series of
illicit affairs and has the tendency to be overly friendly with other women to
the point that Respondent feels very uncomfortable and insecure;

4. Paragraph 8 is denied, the truth of the matter being that the reason
for their often altercation is that respondent would often catch the petitioner
communicating with various women and whenever respondent confronts the
petitioner about it, he would be defensive and their fights would turn
physical;

5. Paragraph 9 and 10 is denied, the truth of the matter being as

follows:
 ANSWER
Civil Case No. 123456
For: Declaration of Nullity of Marriage

5.1 When respondent confronted the petitioner, the latter

became defensive and continuously used profane and derogatory
language to demean the respondent’s feelings, calling her crazy for
thinking that he is having illicit affair with other women even though
he caught the him already. means of living and that Petitioner told
Respondent incessantly that the latter need not work since the former
is earning thrice the latter’s salary. Though Respondent tolerated the
petitioner’s rant for ten (10) minutes, he cannot hold his anger no
longer, hence, the two got into the alleged argument.

5.2 Respondent also points out that petitioner would always

tell her to resign from her work since the former is already earning
enough and that she needs to know her place as a woman.

6. Paragraph 11 is admitted insofar as the fact that Respondent left the

conjugal home. However, Respondent specifically denies the allegation that
she had an amorous relationship with a woman, as a matter of fact, the
woman who the petitioner avers to be having amorous relationship with the
respondent is actually the latter’s best friend whom the former knows;

7. Paragraph 14 is denied, there is no sufficient proof to establish her

supposed psychological incapacity since there was no professional
consultation done by a licensed doctor. Conversely, Respondent denies
having the alleged Borderline Personality Disorder that is grave enough to
prevent her from complying with the essential marital obligations.

8. The Respondent raised by way of an affirmative defense that the

petition FAILS TO STATE A CAUSE OF ACITION.

9.1 A cursory reading of the petition would show that it fails

to allege the element of JURIDICAL ANTECEDENCE. In the case of
Republic v. CA and Molina, the Supreme Court enumerated the three
requirements of psychological incapacity under Article 36 of the
Family Code: (a) gravity, (b) juridical antecedence, and (c)
incurability.1

9.2 While Petitioner alleges gravity and incurability,

NOWHERE IN THE PETITION IS IT ALLEGED THAT THE
SUPPOSED ROOT CAUSE OF THE RESPONDENT’S
PSYCHOLOGICAL INCAPACITY EXISTED AT THE TIME OF
THE CELEBRATION OF THE MARRIAGE.

PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the
petition be dismissed for FAILURE TO STATE A CAUSE OF ACTION.
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 ANSWER
Civil Case No. 123456
For: Declaration of Nullity of Marriage

Petitioner also prays for other reliefs as may be deemed just and
equitable in the premises.

Las Piñas City, 3rd February 2019

ATTY. MICHAELA THERESE A.

FLORES
Counsel for the Petitioner
Unit 209 Page 1 Bldg. Las Pinas City
Roll No. 155427
IBP No. 22561
PTR No. 8712560
MCLE Compliance No. 0091269
Tel. Nos. 853-0069; 853-0056
E-mail Address:
michaelatherese.flores@gmail.com

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 ANSWER
Civil Case No. 123456
For: Declaration of Nullity of Marriage

Republic of the Philippines)

Las Pinas City ) s.s.

VERIFICATION

I, Ma. Kristine S. Naraja-Damayo, of legal age, Filipino, married with

resident at Sta. Cecilia Village, Valley 1 Subdivision Paranaque City, state
under oath that:

1. I am the plaintiff in the above-entitled case;

2. I have caused this petition to be prepared; and
3. I have read and understood its contents, including its annexes, and the
same are true and correct to the best of my knowledge and/or based on
authentic records.

IN WITNESS WHEREFORE, I Have hereunto set my hand this 3rd day of

February, 2019.

MA. KRISTINE S. NARAJA-DAMAYO

Affiant

SUBSCRIBED AND SWORN to before me on the same date above, at Las

Piñas City, affiant exhibiting to me her Driver’s License with ID No.
55223344 issued by the Land Transportation Office Las Piñas City on
March 10, 2017 valid until March 10, 2022.

ATTY GERARD GALVEZ

Notary Public
Unit 12 B Bldg. Las Piñas City
Roll No. 54421
IBP No. 008899
PTR No. 223344
MCLE Compliance No. 445557
Serial No. of Commission M-1264
Valid Until December 31, 2020
Doc No._______
Page No:______
Book No.______
Series of 2019