REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

National Capital Judicial Region Branch 69

MICHELLE DE LA CRUZ Petitioner,

- versus – Civil Case No. 246810 For: Declaration of Nullity

of Marriage

MARK JAYSON L. DE LA CRUZ Respondent.

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

ANSWER

COMES NOW respondent, by the undersigned counsel, most respectfully avers:

1. That respondent ADMITS the contents in paragraph (par.) 1 only insofar as his personal circumstances are concerned but specifically denies the contents insofar as petitioner’s personal circumstances for the reason stated in the Affirmative defenses below;

2. That respondent ADMITS the contents in par. 2 insofar as the date, place and the solemnizing officer of the marriage between him and the petitioner are concerned;

3. That respondent ADMITS the contents in pars. 3, 4, 5, and 6 of the petition concerning the personal circumstances between him and the petitioner before and after their marriage;

4. That respondent specifically denies the contents in pars. 8, 9, and 10, he also does not have information sufficient to form a belief as the truth of the allegations in paragraph 11 of the petition EXCEPT the existence of the Marriage License issued under the names of the petitioner and respondent;

AFFIRMATIVE DEFENSES

5. The respondent is at lost why after seven long years of marriage, the petitioner suddenly questions the validity of their marriage due to lack of one of the formal requisites of

marriage under Art. 3 of the Family Code considering that: (i) their marriage, based on the own allegations of the petitioner, seemed to be happy and uninterrupted and (ii) they have a daughter1 who is now eleven (11) years old;

6. Nevertheless, respondent, by way of an affirmative defense, avers that the petition does not contain a cause of action and is a sham pleading.

The marriage lacks a valid marriage license which is a formal requisite under Article 3 of the Family Code.

7. Petitioner contends that her marriage with the respondent is null and void due to the alleged absence of a valid marriage license. She further alleged that she and the respondent did not go to the Civil Registrar of Imus, Cavite to apply for the said license and did not sign any application. Petitioner further alleged that it was only the solemnizing priest2 who attended the processing of the documents required for the celebration of marriage. Petitioner even attached a Certification of Non-Application of Marriage3 from the same Civil Registrar office.

Verily, the existence of a valid marriage license is an indispensable requisite of a valid marriage. Under Article 3 of the Family Code, the formal requisites of marriage are:

(1) xxx xxx(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and(3) xxx xxx (emphasis supplied)

While it is settled that a valid marriage license is an indispensable requirement to have valid marriage, the same Code clearly provides that:

Art. 4. xxx An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (emphasis supplied)

It is noteworthy that their marriage was subsequently based on a marriage contract with marriage license no.

1 Marianne De La Cruz, born on March 22, 2006; See Petition p. 22 Fr. Ronald B. Hernandez of Manila Cathedral Church (sic); Ibid, p.13 See Annex “E”

123456 and was issued under the names of the petitioner and respondent. Rationally, the respondent cannot be faulted for the alleged irregularity/validity of the marriage license.

8. On the allegation that it was only Fr. Hernandez who attended the processing of the documents required for the celebration of marriage, the respondent maintains that is a self-serving and unsubstantiated allegation. It deserves no credence at all considering that even before the marriage ceremony, petitioner did not raised this personally to the respondent who at that time was busy for the preparations of the wedding ceremony. Assuming arguendo that Fr. Hernandez was the only one who did such processing, the petitioner is barred from raising this argument base on the rule on equity. Parties who do not come to court with clean hands cannot be allowed to profit from their own wrongdoing.

PRAYER

WHEREFORE, the defendant respectfully prays that the instant petition be dismissed for lack of merit.

Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for.

Respectfully submitted. City of Manila, 29 January 2016.

__________________________ATTORNEYS AT LAW

(Counsel for Defendant)Address

Tel. ____________; __________________________@gmail.com

By:

__________________________________ATTORNEY’s ROLL NO. 65432

IBP NO.654321, January 4, 2016PTR NO. 7654321; MLA-IV, January 4, 2016

MCLE-IV COMPLIANCE NO. 0019523May 3, 2015, Pasig City

Copy furnished:

ATTY. __________________________ REG. REC. NO. __________Counsel for the Petitioner Date: ___________________Sampaloc, Manila Place: ___________________

EXPLANATION(Pursuant to Section 11, Rule 13

of the 1997 Rules of Civil Procedure)

Due to distance of below-indicated address and lack of personnel in the law office of undersigned counsel, personal service was not resorted to, hence, this Answer for Defendant is being filed and served by registered mail with return card.

_____________________________

Republic of the Philippines )City of Manila ) s.s.

VERIFICATION

I, MARK JAYSON L. DE LA CRUZ, Filipino, of legal age, resident of 31 New York St., Sampaloc, Manila, after having been duly sworn to in accordance with law, do hereby depose and states that:

1. That I am the defendant in the above-entitled Answer;

2. That I have caused the preparation and filing of the foregoing pleading/document and;

3. That I have read all the allegations therein which are true and correct based on my personal knowledge and based on authentic records on hand.

IN WITNESS WHEREOF, I affixed my signature this 29th day of January 2016, City of Manila.

________________________________MARK JAYSON L. DE LA CRUZ

SUBSCRIBED AND SWORN TO before me this 29th day of January 2016, in the City of Manila, affiant exhibiting to me his Passport with Passport No.AB2123880, issued at Pasay City on June 29, 2011, to expire on June 29, 2016.

ATTY. RENE REPAIR NOTARY PUBLIC

TIN No. 1234567 Roll No. 43211 IBP No. 0003, 1/04/2016, Manila.

P.T.R. No. 0002, 1/04/2016, Manila 151 Muralla St., Intramuros, Manila Commission No. 2016-111 Until December 31, 2016 MCLE Compliance No. IV-0001234

-dry seal-

Doc. No. 6 ;Page No. 7 ;Book No. I ,Series of 2016.