Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch _____, Manila City

MARIA LUISA RAMOS,

Petitioner. Civil Case No.
For:
Declaration of Nullity of
Marriage
-versus-

MACARIO DE MESA,
Respondent.
x------------------------------------x

ANSWER

RESPONDENT, through counsel, unto this Honorable

Court, most respectfully avers the following in response to the
Petition for Declaration of Nullity.

ADMISSION AND DENIALS

1. He admits the allegations in paragraph 1, 2, 3, 6, 8, ;

2. He specifically denies each and every material allegations in

the paragraph ;

SPECIAL AND AFFIRMATIVE DEFENSES

AS AND BY WAY OF AFFIRMATIVE DEFENSES, DEFENDANTS

REPLEAD AND INCORPORATE THE FOREGOING AVERMENTS
AND FURTHER ALLEGE:

3. Paragraph 4 is denied, the truth of the matter being that her

wife constantly spent there money, even though she would say
that she was buying stuff for the house or using it to take of the
children. Respondent had times of going to drink, but it was
seldom, due to the frantic nature of the Petitioner everytime he
attempted to go out;

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 4. Paragraph 5 is denied in so far as the Respondent’s supposed
act of being physical with the Petitioner. The fights would occur
and it would consists of shouting and screaming, but the
Respondent never physical abused or hit the Petitioner;

5. Contrary to allegations in paragraph 7, it was petitioner who

constantly showed signs of psychological incapacity, and made
the marriage unbearable and caused the complete breakdown
of the marriage;

6. The consultation with Dr. Manalo is admitted as stated in

paragraph 8. The Respondents parent’s requested that the
former seek the help of a physician regarding his state of
depression which caused him to attempt against his own life.
But respondent denies that it is sufficient to establish his
supposed psychological incapacity and is not grave enough to
prevent him from complying with essential marital obligations;

7. Contrary to allegations that respondent is suffering from

Borderline Personality Disorder found in paragraph Respondent
engaged the services of Dr. Ramirez to examine if Respondent
is suffering from such personality disorder. The evaluation
showed negative results. Attached herein is the copy of the
psychological evaluation report of Dr, Ramriez attached as
ANNEX D.

8. Respondent raises by way of an affirmative defense that the

petition FAIL TO STATE A CAUSE OF ACTION.

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

to sufficiently allege the element of gravity and
incurability. In the case of Santos vs. Court of appeals,
the Supreme Court enumerated the three requirements
of psychological incapacity; (a) gravity, (b) juridical
antecedence, and (c) incurability.1

8.2 While the petition alleges judicial antecedence, the

petition failed to sufficiently alleged that the supposed
root cause of the respondent’s psychological incapacity
is grave and incurable;

12.3 Such illness must be grave enough to bring about

the disability of the party to assume the essential

1
310 Phil. 21 (1995)

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 obligations of marriage. Thus, mild characteriological
peculiarities, mood changes, occasional emotional
outbursts cannot be accepted as root causes. The illness
must be shown as downright incapacity or inability, not a
refusal, neglect or difficulty, much less ill will. In other
words, there is a natal or supervening disabling factor in
the person, an adverse integral element in the personality
structure that effectively incapacitates the person from
really accepting and thereby complying with the
obligations essential to marriage.2

9. In the words of the Supreme Court:

“An unsatisfactory marriage, however is not null and

void marriage. No less that the Constitution recognizes
the sanctity of marriage and the unity of family; it
decrees marriage as legally inviolable and protects from
dissolution at the whim of the parties.”3

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable

Court that judgment be rendered dismissing the petition for
Decalaration of Nullity of marriage between petitioner Maria Luisa
Ramos and respondent Macario De Mesa for failure to show proof
that it is null and void under Article 36 of the family Code.

All other just and equitable reliefs are also prayed for.

Metro Manila, Manila October 4, 2019.

Atty. Alfonso Dimla

1234 8/F Ayala Building, Jupiter Street
Makati, 1200, Metro Manila
Roll No. 12345 IBP No. 1111 dated 3-19
MCLE Compliance No. 15-8764211

Copy hereof received this day of October 4, 2019

2
Republic vs Molina, G.R. No. 108763, February 13, 1997, 268 SCRA 198
3
Perez-Ferraris vs Ferraris, GR 162368 (July 17, 2006)

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COPY FURNISHED THROUGH PERSONAL SERVICE

ANNA BEATRIZ S. MARTINEZ

Counsel for Plaintiff
2/F, 8 Rockwell, Hidalgo Drive, Rockwell Center
Makati, 1200, Metro Manila
Roll No. 12345 IBP No. 6789 dated 1-2-19
MCLE Compliance No. 15-12345678

REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI )SS

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 VERIFICATION AND CERTIFICATION
AGAINST FORUM-SHOPPING

I, MACARIO DE MESA, is a Filipino, of legal age, single, and

resident of 89 Martinez Street, Mandaluyong City, after having been
duly sworn to in accordance with law, do hereby depose and state
that:

1. I am the Petitioner in the foregoing Petition and I have

caused the preparation of the same, the contents of which are all true
and correct to the best of my personal knowledge, information and
belief;

2. I certify that neither have I commenced nor is there any

pending Petition of similar nature before any court, tribunal or quasi-
judicial agency, and if I should hereafter learn that the same or similar
Petition has been filed or is pending in any court, tribunal or quasi-
judicial agency, I shall report the fact within five (5) days therefrom to
this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th

day of October in Makati City.

MACARIO DE MESA
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of

October 2019 affiant exhibiting before me her Driver’s License ID No.
A01-23-45677 issued on 15 January 2017 at Makati City.

ATTY. ALFONSO DIMLA

1234 8/F Ayala Building, Jupiter Street
Makati, 1200, Metro Manila
Roll No. 12345 IBP No. 1111 dated 3-2-
19
MCLE Compliance No. 15-8764211

Doc. No.
Page No.
Book No.
Series of 2019

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