Answer to Declaration of Nullity of Marriage (Vanguardia)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH ______ PASIG CITY

ABIGAIL GUISADIO UNCIANO Petitioner,

S.P. No. FOR: DECLARATION OF NULLITY OF MARRIAGE WITH PRAYER FOR PROTECTION ORDER

MARK ERIC LUARTES UNCIANO Respondent. x-----------------------------------------x

ANSWER TO PETITION FOR DECLARATION OF NULLITY OF MARRIAGE WITH URGENT PRAYER FOR TEMPORARY PROTECTION ORDER

The RESPONDENT, through counsel, and to the Honorable Court, most respectfully avers that:

ADMISSION AND DENIALS

1. He admits the allegations in paragraph 1, 2, 3, 6, 7, 9, 10, 14, 21;

2. He was without knowledge or information to form a belief to the truth of the allegations in paragraph 4, 5, 15, 16;

3. He specifically denies each and every material allegations in paragraph 8, 11, 12, 13, 17, 18, 19, 20, 22.

SPECIAL AND AFFIRMATIVE DEFENSES

4. Contrary to the allegations in paragraph 8, it was Petitioner who initiated fight over petty matters. She was the one who asserted dominance in her own home because she knows that Respondent would not react negatively in front of her parents. When she became pregnant with our child;

5. As to paragraph 11, Respondent did not stayed at home because he was engaged in part-time employment. While most of the family’s income is coming from petitioner, Respondent was able to provide small amount of money from his sideline as a waiter in Adriatico Restaurant in Cubao, Quezon City; 6. The allegations of petitioner in paragraph 12 are not without reason. Respondent was told by his friend ROBERT MARIANO that petitioner was having an affair with his former boyfriend, RYAN MONTEVERDE. According to MARIANO, he saw petitioner and MONTEVERDE in a restaurant in Pasig while holding hands and exchanging kisses in the cheeks. The Affidavit of ROBERT MARIANO to this effect is attached as Annex “A” and made an integral part of this pleading; 7. The allegation in paragraph 13 is just surmises and conjectures of the petitioner to make it appear that she was physically harmed by the respondent. To prove this fact, the Affidavit of RODOLFO SABAYTON, petitioner’s boss in Orchid Cybertech Services, Inc. in Pasig City is attached herein as Annex “B” to prove that no such event happened; 8. Contrary to the allegation that respondent is suffering from “HISTRIONIC PERSONALITY DISORDER WITH UNDERLYING ANTISOCIAL

FEATURES” found in paragraph 17, 18, 19, Respondent engaged the services of DR. WICKY VELO to examine if Respondent is suffering from any personality disorder. The evaluation showed negative results. Attached herein is the copy of the psychological evaluation report of DR. WICKY VELO attached as Annex “C”

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. Lifting the Temporary Protection Order (TPO) issued against Respondent

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

Pasig City, 20 January 2016

ANGELO M. VANGUARDIA Counsel for the Respondent #7 Lex Citadel Bldg, La Salle St., Brgy. Silangan, Cubao, Quezon City PTR No. 203281/Quezon City/Jan 2, 2016 IBP No. 783201/Quezon City/Oct. 14, 2014 Roll No. 76301 MCLE Compliance No. X-000261/Jan. 13, 2015 Tel No. (02) 901-14-83

Copy furnished through personal service:

ROBERT MICHAEL A. SIA Counsel for the Petitioner 15 V. Hilario St., San Antonio, Pasig City PTR No. 2701047 Issued in Pasig City on Oct.31,2014

IBP No. 975749 Issued in Pasig City on Oct.17,2014 Attorney’s Roll No. 43761 MCLE Compliance Certificate No. V-003829 Issued on Oct.1,2014 Tel No. 5701116

PROOF OF SERVICE

I, RAMON MAGSAYSAY, messenger of ATTY. ANGELO M. VANGUARDIA, herein counsel for Defendant MARK ERIC LUARTES UNCIANO, hereby certify that I personally delivered Defendant’s Answer dated 20 January 2016, to Plaintiff ABIGAIL GUISADIO UNCIANO, with address at 75 East Capitol Drive, Pasig City. The Answer was received by plaintiff herself.

RAMON MAGSAYSAY Affiant

SUBSCRIBED AND SWORN to before me this 20th day of January at Quezon City, affiant exhibited to me his POSTAL I.D. NO. 123456 issued at LTO Quezon City, Philippines.

ATTY. ELPIDIO QUIRINO Notary Public PTR No. 7654321/1-11-15/Q.C.; IBP No. 209374/1-6-12; MCLE Compliance No. 4321, May 4, 2013 Roll No. 54321 Tel No. (02) 901-14-88

Doc No. Page No. Book No. Series of 2015

Copy furnished through registered mail to:

ROBERT MICHAEL A. SIA Counsel for the Petitioner 15 V. Hilario St., San Antonio, Pasig City PTR No. 2701047 Issued in Pasig City on Oct.31,2014 IBP No. 975749 Issued in Pasig City on Oct.17,2014 Attorney’s Roll No. 43761 MCLE Compliance Certificate No. V-003829 Issued on Oct.1,2014 Tel No. 5701116

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

ATTY. ANGELO M. VANGUARDIA Counsel for Defendant