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    Counter Affidavit Annulment

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    Deb Gonzales
    Miguel Meneses filed for annulment of his marriage to Olive Meneses under Article 36 of the Family Code. Olive denies the allegations in Miguel's complaint and files a counter-affidavit. She argues that Miguel's claims of psychological incapacity and that she relied on her parents are untrue. Olive believes Miguel only wants to dissolve the marriage so he can pursue a relationship with another woman, which she discovered through hiring a private investigator. Olive prays that the complaint be dismissed for lack of merit and the dissolution of their absolute community property due to Miguel's unfaithfulness.

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    Counter Affidavit Annulment

    Uploaded by

    Deb Gonzales
    737 views4 pages
    Miguel Meneses filed for annulment of his marriage to Olive Meneses under Article 36 of the Family Code. Olive denies the allegations in Miguel's complaint and files a counter-affidavit. She argues that Miguel's claims of psychological incapacity and that she relied on her parents are untrue. Olive believes Miguel only wants to dissolve the marriage so he can pursue a relationship with another woman, which she discovered through hiring a private investigator. Olive prays that the complaint be dismissed for lack of merit and the dissolution of their absolute community property due to Miguel's unfaithfulness.

    Original Description:

    Counter Affidavit Annulment

    Original Title

    Counter-Affidavit-Annulment

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    Miguel Meneses filed for annulment of his marriage to Olive Meneses under Article 36 of the Family Code. Olive denies the allegations in Miguel's complaint and files a counter-affidavit. She argues that Miguel's claims of psychological incapacity and that she relied on her parents are untrue. Olive believes Miguel only wants to dissolve the marriage so he can pursue a relationship with another woman, which she discovered through hiring a private investigator. Olive prays that the complaint be dismissed for lack of merit and the dissolution of their absolute community property due to Miguel's unfaithfulness.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    737 views4 pages

    Counter Affidavit Annulment

    Uploaded by

    Deb Gonzales
    Miguel Meneses filed for annulment of his marriage to Olive Meneses under Article 36 of the Family Code. Olive denies the allegations in Miguel's complaint and files a counter-affidavit. She argues that Miguel's claims of psychological incapacity and that she relied on her parents are untrue. Olive believes Miguel only wants to dissolve the marriage so he can pursue a relationship with another woman, which she discovered through hiring a private investigator. Olive prays that the complaint be dismissed for lack of merit and the dissolution of their absolute community property due to Miguel's unfaithfulness.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4
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    The key takeaways are that Miguel filed for annulment of marriage under Article 36 of the Family Code alleging that Olive is psychologically incapacitated. Olive then filed a counter-affidavit denying Miguel's allegations.

    The main allegations made by Miguel in his complaint are that Olive relied heavily on her parents and left domestic duties to her parents' helpers and that Olive is psychologically incapacitated to perform her marital obligations.

    Olive responds that there is no truth to Miguel's allegations and that she did not want to leave her parents in their senior years. She also hired a private investigator who discovered Miguel had been seeing another woman since April 2018.

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    TENTH JUDICIAL REGION
    BRANCH 17
    CAGAYAN DE ORO, MISAMIS ORIENTAL

    MIGUEL MENESES,
    Complainant,

    CIVIL CASE NO. 121597


    FOR: DECLARATION OF NULLITY
    -versus-
    OF MARRIAGE UNDER ARTICLE
    36 OF THE FAMILY CODE
    OLIVE MENESES,
    Respondent.
    x- - - - - - - - - - - - - - - - - - - - -x

    COUNTER-AFFIDAVIT

    I, OLIVE MENESES, 40 years old, married, and a resident of San


    Juan City, after having been duly sworn to in accordance with law, hereby
    deposes and says THAT:

    1. I am the respondent in CIVIL CASE NO. 121597 for the Declaration


    of Annulment of Marriage under Article 36 of the Family Code
    filed by MIGUEL MENESES at the Regional Trial Court on
    December 20, 2020.

    2. I am executing this Counter-Affidavit as a reply and comment to


    the Complaint Affidavit of MIGUEL MENESES vehemently denying
    all the accusations in his complaint. Complainant is deliberately
    misleading this Honorable Office as there was no proof of said
    allegations;

    3. The truth of the matter is that there was no need for us to leave
    my parents since we already have what we needed and my
    parents enjoyed our company. Further, I don’t want to leave my
    parents in their senior years;

    Page 1 of 4
    4. There is no truth to the complainant’s allegation that I relied
    heavily on my parents and left domestic duties in the care of my
    parents' helpers;

    5. There is also no truth to the complainant’s allegation that I am


    psychologically incapacitated to perform my marital obligations.
    The truth of the matter is that, Miguel did not offer just and valid
    reasons to declare our marriage null and void, especially that I did
    not participate in the psychological evaluation of Miguel's clinical
    psychologist;

    6. Further, Miguel only wants to dissolve our marriage so he could


    justify his relationship with another woman. I hired a private
    investigator to follow Miguel and discovered that since April 2018,
    Miguel had been seeing a woman in a condominium building in
    Bonifacio Global City, thus, I could not be solely blamed for the
    breakdown of our marriage;

    7. It should be noted by the Honorable Office that all the allegations


    in the compliant are without any supporting evidences, making it
    self-serving.

    8. By the reasons stated above, the complaint in view of the


    declaration of nullity of my marriage with Miguel Meneses, should
    be dismissed.

    Relevant Law and Case Law

    1. The Supreme Court, in the case of MA. ARMIDA PEREZ-


    FERRARIS v. BRIX FERRARIS, July 17, 2006 has held that:

    “ The "leaving-the-house" attitude whenever they


    quarreled, the violent tendencies during epileptic
    attacks, the sexual infidelity, the abandonment and
    lack of support, and his preference to spend more
    time with his band mates than his family, are not
    rooted on some debilitating psychological condition
    but a mere refusal or unwillingness to assume the
    essential obligations of marriage.”

    2. The Supreme Court, in the case of JORDAN CHAN PAZ v. JEANICE


    PAVON PAZ, February 18, 2010 has held that:

    “ What the law requires to render a marriage void


    on the ground of psychological incapacity is
    downright incapacity, not refusal or neglect or

    Page 2 of 4
    difficulty, much less ill will. The mere showing of
    irreconcilable differences and conflicting
    personalities does not constitute psychological
    incapacity.”

    PRAYER

    WHEREFORE, premises considered, it is respectfully prayed


    that the complaint on the declaration of nullity of marriage be
    DISMISSED for lack of merit.

    Further, the respondent respectfully prays for such and other


    reliefs as may be deemed just and equitable in the premises.

    Furthermore, the respondent respectfully prays for the


    dissolution of their absolute community property considering Miguel's
    unfaithfulness.

    IN WITNESS WHEREOF, I have hereunto set my hand this 22nd


    day of December, 2020 at Iligan City, Philippines.

    ____________________

    OLIVE MENESES

    Affiant

    SUBSCRIBED AND SWORN to before me this 22nd day of


    December, 2020 at Iligan City, Philippines and I FURTHER CERTIFY that I
    have personally examined the affiant and I am satisfied that she has read
    and personally understood the contents of her foregoing “Complaint-
    Affidavit”.

    DEBORAH F. GONZALES

    Page 3 of 4
    CERTIFICATION

    This is to certify that I have personally examined the affiant


    and that I am satisfied that she voluntarily executed and understand
    her statement herein.

    Deborah F. Gonzales

    Page 4 of 4

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