ANSWER - CIVPRO

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

BRANCH 1
CITY OF BAGUIO
DAMON SALVATORE,
Plaintiff,
CIVIL CASE No. 100-107-203
-versus- -for-
DECLARATION OF
NULLITY OF MARRIAGE
ELENA GILBERT,
Defendant,
x-------------------------------------x
ANSWER
COMES NOW, the defendant, through the undersigned counsel and

unto this Honorable Court, most respectfully answers to the Petition of
Declaration of Marriage:
By way of answer:
ADMISSION AND DENIALS
1. He admits the allegations in paragraph 1, 2, 3, 5, 9, 10, 14, 21;
2. He was without knowledge or information to form a belief to the
truth of the allegations in paragraph 4, 6, 7, 15, 16;

3. He specifically denies each and every material allegations in
paragraph 8, 11, 12, 17, 18, 19, 20.
SPECIAL AND AFFIRMATIVE DEFENSES
4. Contrary to the allegations in paragraph 8, it was Petitioner who
initiated fight over petty matters. He was the one who asserted
dominance in his own home because he knows that Defendant
would not react negatively in front of his parents. When she
became pregnant with their child;
5. As to paragraph 11, Plaintiff work abroad and sent money to the
Defendant and for the payment of the house and lot in Forbes
Holmes. Defendant paid the down payment of the said house and
lot.
6. The reason the children lost interest in studying is because they
have an absent dad. They do not perform in school well because
they got bullied for having to go to school without their dad, who
should be the one taking them.

7. The allegation in paragraph 17 is just surmises and conjectures of
the petitioner to make it appear that he was mentally abused by
the defendant where in fact the plaintiff whims to have the
defendant have sex with him is forceful as the defendant obtained
scratches and bruises on her arms because of denial of the
plaintiff’s request to perform her marital duties; Attached is a
copy of Medical Certificate made and prepared by Dr. Wicky Velo
marked as Annex “A” and made an integral part thereof;
8. Contrary to the claims of the plaintiff in paragraph 18, the
respondent saved some of the moneys sent by the plaintiff to
invest in assets and manage to put up a “Bigasan Business” during
their cohabitation;
9. Contrary to the allegation in paragraph 19 and 20 that
respondent is suffering from a “ psychological disorder”,
Respondent engaged the services of DR. WICKY VELO to examine
if Respondent is suffering from any psychological disorder. The
evaluation showed negative results. Attached herein is the copy of
the psychological evaluation report of DR. WICKY VELO attached
as Annex “B”
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 ab initio under Article 36 of the Family Code;
2. Petitioner further prays for other reliefs as may be deemed just
and equitable under the premises.
Baguio City, 27 February, 2022.
ATTY. STEFAN FERNANDEZ

Counsel for the Respondent
#7 Lex Judicata Bldg, Cornella St.,
Brgy. Silangan, Nueve, Baguio City
PTR No. 203281/Baguio City/Jan 2, 2017
IBP No. 783201/Baguio City/Oct. 14, 2015
Roll No. 76301
MCLE Compliance No. X-000261/Jan. 13, 2015
Tel No. (02) 901-14-83
Copy furnished through personal service:
ATTY. JENIFER R. CABANGIN

Counsel for Plaintiff
Roll No. 16189
PTR No. 02160-0909-23 Baguio
IBP No. 21819-09-09-23 Baguio
MCLE Compliance No. 1234567910
Contact No. +639457200075
SBS Building, Baguio City
PROOF OF SERVICE
I, LENI ROBREDO, messenger of ATTY. STEFAN FERNANDEZ,
herein counsel for Defendant ELENA GILBERT, hereby certify that I
personally delivered Defendant’s Answer dated 28 February 2022, to
Plaintiff DAMON SALVATORE, with address at 75 East Capitol Drive,
Bagui City. The Answer was received by plaintiff herself.
ELENA GILBERT
Affiant
SUBSCRIBED AND SWORN to before me this 28th day of February
at Baguio City, affiant exhibited to me her POSTAL I.D. NO. 123456
issued at LTO Baguio City, Philippines

Counsel for the Respondent
#7 Lex Judicata Bldg, Cornella St.,
Brgy. Silangan, Nueve, Baguio City
PTR No. 203281/Baguio City/Jan 2, 2017
IBP No. 783201/Baguio City/Oct. 14, 2015
Roll No. 76301
MCLE Compliance No. X-000261/Jan. 13, 2015
Tel No. (02) 901-14-83
Copy furnished through registered mail to:
ATTY. JENIFER R. CABANGIN

Counsel for Plaintiff
Roll No. 16189
PTR No. 02160-0909-23 Baguio
IBP No. 21819-09-09-23 Baguio
MCLE Compliance No. 1234567910
Contact No. +639457200075
SBS Building, Baguio City
EXPLANATION
(Pursuant to Rule 13, Sec. 11 of the 1997 Rules of Civil Procedure)
A copy of the foregoing Answer was served on Petitioner’s
counsel by registered mail due to time constraints and lack of
messenger to effect personal service
Counsel for Defendant

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

CIVIL CASE No. 100-107-203

COMES NOW, the defendant, through the undersigned counsel and

ADMISSION AND DENIALS

1. He admits the allegations in paragraph 1, 2, 3, 5, 9, 10, 14, 21;

2. He was without knowledge or information to form a belief to the

truth of the allegations in paragraph 4, 6, 7, 15, 16;

paragraph 8, 11, 12, 17, 18, 19, 20.

SPECIAL AND AFFIRMATIVE DEFENSES

4. Contrary to the allegations in paragraph 8, it was Petitioner who

dominance in his own home because he knows that Defendant

would not react negatively in front of his parents. When she

became pregnant with their child;

5. As to paragraph 11, Plaintiff work abroad and sent money to the

6. The reason the children lost interest in studying is because they

have an absent dad. They do not perform in school well because

should be the one taking them.

the petitioner to make it appear that he was mentally abused by

the defendant where in fact the plaintiff whims to have the

defendant have sex with him is forceful as the defendant obtained

scratches and bruises on her arms because of denial of the

plaintiff’s request to perform her marital duties; Attached is a

copy of Medical Certificate made and prepared by Dr. Wicky Velo

marked as Annex “A” and made an integral part thereof;

8. Contrary to the claims of the plaintiff in paragraph 18, the

respondent saved some of the moneys sent by the plaintiff to

invest in assets and manage to put up a “Bigasan Business” during

9. Contrary to the allegation in paragraph 19 and 20 that

respondent is suffering from a “ psychological disorder”,

Respondent engaged the services of DR. WICKY VELO to examine

if Respondent is suffering from any psychological disorder. The

evaluation showed negative results. Attached herein is the copy of

the psychological evaluation report of DR. WICKY VELO attached

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 ab initio under Article 36 of the Family Code;

2. Petitioner further prays for other reliefs as may be deemed just

and equitable under the premises.

Baguio City, 27 February, 2022.

ATTY. STEFAN FERNANDEZ

Copy furnished through personal service:

ATTY. JENIFER R. CABANGIN

I, LENI ROBREDO, messenger of ATTY. STEFAN FERNANDEZ,

herein counsel for Defendant ELENA GILBERT, hereby certify that I

personally delivered Defendant’s Answer dated 28 February 2022, to

Plaintiff DAMON SALVATORE, with address at 75 East Capitol Drive,

Bagui City. The Answer was received by plaintiff herself.

SUBSCRIBED AND SWORN to before me this 28th day of February

at Baguio City, affiant exhibited to me her POSTAL I.D. NO. 123456

issued at LTO Baguio City, Philippines

ATTY. STEFAN FERNANDEZ

ATTY. JENIFER R. CABANGIN

(Pursuant to Rule 13, Sec. 11 of the 1997 Rules of Civil Procedure)

A copy of the foregoing Answer was served on Petitioner’s

counsel by registered mail due to time constraints and lack of

messenger to effect personal service

ATTY. STEFAN FERNANDEZ