Chavez, Victoria Isabel D.

2018-02-03225

Republic of the Philippines

REGIONAL TRIAL COURT
Fourth Judicial Region
Branch 20
Province of Cavite
Imus City

SALVADOR TEMPLO, Civil Case No.: 2015-2-27

Complainant, For: Declaration of Nullity of
Marriage under Art. 36 of the
Family Code with Prayer for the
Custody of Children
-versus-

JOYCE JIMENO TEMPLO.

Respondent.

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

ANSWER

The RESPONDENT, through the undersigned counsel, and to the Honorable Court, most
respectfully avers the following in response to the Petition for Declaration of Nullity:

1. He admits the allegations in paragraphs 1, 2, 3, 4,5

2. He specifically denies each and every material allegations in paragraphs 6,7,8,9,10,11

SPECIAL AND AFFIRMATIVE DEFENSES

3. Contrary to the allegations in paragraph 7 (a), it was not deliberately intended that
respondent left the conjugal dwelling for a period of one year. Hence, herein respondent
evinced that her intentions were not tainted with bad faith since she is compelled to find a
job to sustain their financial needs. It was clear that the petitioner permitted respondent to
work abroad, showing no acts of refusal, the former even gave pocket money to the latter;

4. Under paragraph 7 (b), respondent strongly denies the assertion that she refused to
consummate her marriage with petitioner. As a matter of fact, she was submissive
whenever petitioner desires to have carnal knowledge with her. There was even an instance
when petitioner, deliberately with force and intimidation, abused respondent when the
latter refused to have sexual intercourse with the former. Hence, such acts constituted to
marital rape;

5. Respondent admits that she actually plays mahjong along with her neighbors, however,
under paragraph 7 (c), there was no instance the she came home late by reason of such
game. Such contention is shallow and unmeritorious, since she strongly claims that she
only plays the game whenever time would allow her. In fact, it was respondent who always
had his drinking spree along with his peers, the latter would come home late throwing his
tantrums against their children;

6. Respondent strongly denies the allegations under paragraph 7 (d), such statement lies no
truthfulness and accuracy at all. She admits that she is actually ‘boyish’ before she married
the petitioner, but such phase is unreasonable to claim that she is a lesbian. Thus, petitioner
 even imputed malice with respondent when the former claimed that the latter is having a
romantic relationship with a female friend. Respondent asserts such contention considering
that such person is her closest friend since high school. His allegations is highly speculative
and uncorroborated only with hearsay;

7. That there is falsity in petitioner’s allegations under paragraph 7 (e), such accusation is
bereft of merit since she strongly abhors the use of illegal drugs. In fact, she is aware of the
consequences of the illegal use of drugs in the human body, such abhorrence even
prompted her to surrender her brother to the police authorities. That it was respondent who
is engaged in the illegal use of methamphetamine hydrochloride (shabu). A drug test result
confirmed that he was ‘positive’ in the usage of such. A copy of the urine examination is
attached and made an integral part hereof as Annex “A”;

8. Again, the respondent wholly admits that she actually plays mahjong along with her friends
whenever time would allow her, however, she denies petitioner’s allegations under
paragraph 7 (f). Respondent submits how she dearly loves her two children, that it is even
impossible for her to lay a finger on them in terms of parenting. As such, it was petitioner
who constantly beats his two children whenever he is inebriated with alcoholic liquors.
Their eldest children, Lex Daniel Templo, 15 years old, was rushed to the hospital due to
severe beating of the respondent; it even leave bruises in his abdomen. A copy of the
medical certificate is attached and made an integral part hereof as Annex “B”;

9. Respondent denies petitioner allegations under paragraph 7 (g), she claims that she is
actually the one who is faithful during the duration of their marriage. Thus, petitioner
willfully engaged in numerous illicit relationships with women he has no absolute
knowledge of;

10. Contrary to the allegations in paragraph 9 (b), respondent fulfills her parental obligation
with her two children. Hence, she even supported them constantly by giving their needs
and sending them to school. Her earnings abroad made her financial stable to comply with
her obligation as a parent. Unfortunately, it was petitioner who never supported his two
children; he is always spending his money with irrelevant things which unbenefited his
family;

11. On the consultation made by psychiatrist Dr. Hayden Kho, it confirmed that the respondent
is suffering from Narcissistic Personality Disorder. However, the respondent denies that it
is insufficient to establish her supposed psychological incapacity. In fact, it is not grave
enough to prevent her from comply with the essential marital obligations. A copy of the
psychological evaluation report is attached made an integral part hereof as Annex “C’’.

12. Respondent claims that the custody of her minor children should be granted in favor of her
since she is the only one who exhibits care and support to them. Petitioner can in no way
fulfill the needs of his children since he is inconsiderably disinterested when it comes to
prioritizing his family.

13. The Respondent raises by way of an affirmative defense that the petition FAILS TO
STATE A CAUSE OF ACTION.

a. A cursory reading of the petition would show that it fails to allege the element of
INCURABILITY. In the case of Santos v. CA, the Supreme Court enumerated the
three requirements of psychological incapacity: (a) gravity, (b) juridical
antecedence, and (c) incurability.1

b. While petitioner alleges juridical antecedence and gravity, NOWHERE IN THE

PETITION IS IT ALLEGED THAT THE SUPPOSED ROOT CAUSE OF THE
RESPONDENT’S PSYCHOLOGICAL INCAPACITY IS PERMANENT OR
INCURABLE.

1
310 Phil. 21 (1995).
 PRAYER

WHEREFORE, it is respectfully prayed of the Honorable Court that after due notice and
hearing, judgment be issued:

1. Dismissing the petition for the declaration of nullity of marriage between respondent and
petitioner for failure to show proof that it is null and void under Article 36 of the Family
Code;
2. That the custody of their two minor children be entrusted to the respondent.

Petitioner further prays for other reliefs as may be deemed just and equitable under the
premises.

City of Imus, March 1, 2015

ONANAY LAW OFFICE

By:

Atty. Kara Mia Onanay

Counsel for Respondent
Roll No. 52917-2005
IBP No. 808757-1/3/19
PTR No. 42189789-1/3/19 Imus Cavite
MCLE Compliance No. IV-0000123675