REGIONAL TRIAL COURT Maasin City, Southern Leyte Branch 25
EVA L. TOMOL, Petitioner, SPECIAL CIVIL CASE No. 0001 For: -versus- JUDICIAL DECLARATION OF NULLITY OF MARRIAGE
ROSTUM T. PADILLA, Respondent.
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ANSWER
Respondent through the undersigned counsel and in answer to the petitioners petition unto this Honorable Court, most respectfully avers that:
1. The respondent admits paragraphs 1 6 of the petition;
2. The respondent denies a particular allegation in paragraph 7 of the petition and claims that it was not him who opted to stay home but it was Eva who volunteered to be the one to work abroad because she pitied on him having low educational attainment. Because of her love for him, she would not want Rost to experience maltreatment because of the inability to understand and speak foreign language;
3. The respondent admits the allegations in paragraph 8 that Eva had regularly sent him money. But he denies the allegations that he would always complain about his work because of poor salary. He said that it was Eva who wanted him to stop working in Caf Laguna because of poor salary. She wanted him to just concentrate on the rent-a-car business they long planned to establish.
4. He further denies having sold the car and the tricycle so he could have money to use for the caesarian delivery of his paramour. It was their agreement to sell the car and tricycle because they are old and already earning less;
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5. The respondent admits the allegations in paragraph 9 that while Eva was in abroad he was in a relationship with another woman. But, he explained that because of his human basic need he gave in to the temptations made by his neighbor Vanessa Long (Evanz for brevity). He said that they did not stay together in one roof. Their sexual encounter happened only once and was never repeated. The child that Evanz delivered was not his. Evanz had another boyfriend before him;
6. The respondent further denies the allegation of Eva in paragraph 9 that he chose Evanz instead of the former. He could not afford losing Eva because he is still in love with her. It was Eva who decided to leave him despite his pleading to save the marriage;
7. The respondent describes all the statements of Eva as malicious and should be disregarded. The respondent alleged that the petitioners act of filing the petition was intended to deprive him of his share of their conjugal properties.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that after trial, judgment be rendered by this Honorable Court that the petition be declared dismissed with costs against the petitioner.
Other reliefs just and equitable are prayed for.
City of Maasin, August 15, 2014.
ARIEL B. LUNZAGA Counsel for the Respondent San Isidro, Tomas Oppus Southern Leyte
Roll of Attorney No. 108765 IBP No. 1234567/2-5- 13/Southern Leyte PTR No. 87654123/12- 22-13/Southern Leyte
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VERIFICATION/CERTIFICATION OF FORUM SHOPPING
Republic of the Philippines ) Province of Southern Leyte) City of Maasin) S.S.
I, Rustom T. Padilla, of legal age, Filipino citizen, married, and resident of Barangay Guadalupe, Carcar City, Cebu after having been duly sworn to in accordance with law do hereby depose and say:
1. That I am the respondent in the above-entitled case; 2. That the facts stated in the above answer are true and correct to the best of my knowledge and authentic records; 3. I hereby certify that I have not commenced any other action or proceeding involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; 4. That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby undertake to report that fact within five (5) days therefrom to this Honorable Court where the original pleading and sworn certification contemplated herein have been filed; 5. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30 th of July 2014 in the Municipality of Sogod, Southern Leyte.
RUSTOM T. PADILLA
SUBSCRIBED AND SWORN to before me this 15 th day of August, 2014, in the City of Maasin, affiant exhibiting to me his Drivers License No. 6789 issued by the Land Transportation Office on March 20, 2010 at the City of Maasin.
ARIEL B. LUNZAGA Counsel for the Respondent
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San Isidro, Tomas Oppus Southern Leyte
Roll of Attorney No. 108765 IBP No. 1234567/2-5- 13/Southern Leyte PTR No. 87654123/12- 22-13/Southern Leyte
Doc. No. ________ Page No. _______ Book No. _______ Series of 2014.