REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

Davao City
Branch 2

JERRY SANTOS CIVIL CASE NO. 12345

Plaintiff,

-versus- For: DECLARATION OF NULLITY

OF MARRIAGE ON THE GROUND
OF PSYCHOLOGICAL INCAPACITY

BETH GARCIA SANTOS

Defendant.
x--------------------------------------------x

ANSWER

COMES NOW the defendant, through the undersigned counsel and unto this Honorable
Court most respectfully submits this Answer with Affirmative Defenses and Counter-Claim
by averring that:

1. Defendant admits the averments in paragraphs 2 and 3 of the complaint;

2. Defendant specifically denies the allegations in paragraph 7 of the complaint, being

merely based on observation and perception and not on facts; the information that the defendant
does not go out of her room and refuses to eat. The defendant claims that she is still healthy,
proven by the medical certificate presented. The defendants mother is in the United States and
it is impossible to communicate with her because the defendant does not have her contact
number;

3. Defendant has no knowledge or information to form a belief as to the truth of the

averment in paragraph 8 of the complaint as it is based on rumors and hearsay; it is known that
the defendant has a good reputation. She was a Student Council Officer and won best in
question and answer in Miss Tourism of General Santos 2015. Evidenced by her school records
and a picture of Miss Tourism where her legs are shown;

4. Defendant admits in paragraphs 9, 10, and 11 the real reason why she and the
complainant broke up. The complainant lied to her. She met the complainants friends and
learned that he had unpaid debts and asked when the debts were incurred and realized that it was
on the same day when the complainant cancelled their date because he was allegedly sick;

5. Defendant denies in paragraphs 12 and 13 for lack of sufficient belief as to the veracity
thereof.

SPECIAL/AFFIRMATIVE DEFENSES

By way of special/affirmative defenses:

1. Defendant admits paragraph 14, but only because the complainant comes home late
everyday even when he has no scheduled out of town work-related activities, it is proven in his
own planner;

2. Defendant admits paragraph 15, insofar as the heated arguments are concerned. But it is
averred that the Defendant was likewise the victim of battery inflicted by the Petitioner;

3. Defendant admits paragraph 16, insofar as her threats to take away their child because he
constantly abuses her physically and would even hurt the child when he is drunk;

4. Defendant admits paragraph 18;

5. That the Petitioner is a liar. He always claims to have out of town hearings, to name a
few, a hearing in Digos and Panabo and would not go home after a day or two after the alleged
hearings. But it was verified by herein Defendant with Petitioners legal secretary on February
14, 2014 and the claims were denied stating, wala man hearing si Attorney sa Digos o sa
Panabo karon na month, maam;

6. That the Petitioner constantly goes home drunk as witnessed by his driver;

7. That the Petitioner goes to Grand Regal Hotel in Davao to play casino every Wednesday,
Friday and Saturday and as such loses money because of gambling as verified by herein
Defendant through the casinos staff who happens to be the son of Petitioners driver;

8. That the petitioner went to Dr. Mavi Cancio as she offered her service of counselling to
fix their relationship and the Defendant agreed as the doctor is a good friend of the Petitioner
and having a good track record in her practice developing a good sense of familiarity and
comfort. Without the knowledge of the Defendant, the counselling session turned out to be
psychological evaluation and tests that the Petitioner used in this petition;

9. As proven by the texts and chats in Facebook messenger, and testimonies of hospital
staff, it turns out that Dr. Mavi is the paramour of the Petitioner. They claimed that they have
seen the Petitioner visiting the hospital after the Defendants shift and they thought that
Petitioner visits the Defendant but it turns out that he is visiting Dr. Mavi in the Psychiatry
ward;

10. That the Petitioner fails to fulfill his paternal duty in providing financial support;

11. That the filing of nullity of marriage is a ploy with the Petitioner to avert the plan of the
Defendant to file a case of concubinage against herein Petitioner.

COUNTER-CLAIM

By way of counterclaim, defendant alleges:

1. Due to the malicious filing of this action by the Plaintiff, the Defendant has suffered
besmirched reputation, wounded feelings, and sleepless nights for which the Plaintiff should be
condemned to pay FIFTY THOUSAND PESOS (Php 50,000.00) as and by way of moral
damages;
2. As an example for the public good in order to discourage other persons from doing the
same act as the Plaintiff in maliciously filing this case even if he knew very well of his own
faults, Plaintiff should be made to pay THIRTY THOUSAND PESOS (Php 30,000.00) as and
by way of exemplary damages;

3. That by virtue of this unwarranted and malicious act initiated by the complainant,
defendant was forced to engage counsel in the sum of FIFTY THOUSAND PESOS (Php
50,000.00).

PRAYER

WHEREFORE, it is respectfully prayed that the complaint be DISMISSED for lack of

merit.
It is likewise prayed that an order be issued directing the Plaintiff to pay the Defendant
the following:

1. THIRTY THOUSAND PESOS (Php 30,000.00) as and by way of exemplary

damages;
2. THIRTY THOUSAND PESOS (Php 30,000.00) as and by way of exemplary
damages;
3. FIFTY THOUSAND PESOS (Php 50,000.00) as ATTORNEYS FEES.

Other equitable reliefs are likewise prayed for.

RESPECTFULLY SUBMITTED,
September 25, 2017, a Davao City, Philippines.

AGUAS JURIS MAJUSAY LAW FIRM

3rd floor, SM Lanang, J.P. Laurel Ave. Brgy. San Antonio, Agdao District, Davao City
By:
ATTY. IVY SALVADOR AGUAS
Counsel for the Defendant
Roll No. 69888
IBP No. 86901/10-3-2015
PTR No. 5220169/11-3-2015
MCLE Compliance No. V-0015228

Copy furnished to:

ATTY. TOMAS DE JESUS

Room M-2, Mezzanine Floor
Valgosons Building, City Hall Drive
Davao City
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MS. BETH SANTOS, of legal age, after having been duly sworn in accordance with law,
depose and state that:

1. I am the Defendant in the above-stated case;

2. I caused the preparation of the foregoing answer;

3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my
possession;

4. I have not commenced any other action or proceeding involving the same parties,
issues, and cause of action before the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency,
I undertake to report that fact within five (5) days therefrom to this Honorable Court.

Ms. BETH SANTOS

Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public for and in the city of
Davao, Philippines, this 4th day of October, 2017, affiant personally known to me and to be the
same person who executed.

Doc. No. 6;
Page No. 8; Angeli Jaraplasan
Book No. 4; Notary Public
Series of 2017. 5th Floor, Gomez Building, Claveria St.
PTR No. 384273643/1-4-13/Davao City
IBP OR No. 35236734/2-19/12