REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

REGIONAL TRIAL COURT
CITY OF MANILA

GABRIELA SILANG,
Petitioner
-versus-

Civil Case: Declaration of Nullity

of Marriage

DIEGO SILANG,
Respondent.
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COMES NOW the defendant DIEGO SILANG through counsel and unto
this Honorable Court, by way of this

ANSWER

As and for her Answer to the Complaint herein, the Defendant, DIEGO
SILANG respectfully shows and alleges as follows:

I.

ADMISSION/DENIAL

1. Answering defendant Diego Silang asmits the allegations contained in

paragraphs 1, 2, 3, 4, 5, 6, and 22
2. Allegations are denied with respect to paragraph 7, 8, 9, 10, 11, 12, 13, 14,
of the complaints fo reasons stated in the special affirmative defenses;

3. Allegations on paragraphs 15, 16, 17, and 18 of the complaint were done
without the knowledge of the defendant.
4. Defendant admits only as to the provisions provided in paragraphs 20, 21,
22, 23, 24, 25, 26, 27, 28, and 29.

II.

SPECIAL/ AFFIRMATIVE DEFENSES

Answering defendant restates and repleads the foregoing allegation by way of

reference and incorporation and further avers that:
7.

After staying for six months as a married couple Gabriela knew about

the Business the Diego needs to work on in Mindanao.

8.

After he returned in September 2006, He already received the cold

treatment from his wife Gabriela and was not considered as husband anymore.
9.

Gabriela always pretend that she was not aware of the whereabouts of

diega when they are in fact continuously communicating through phone calls and
letters
10. They never had a child after 2 years of marriage but the herein
respondent denied that he never touches Gabriela and that their marriage was never
consummated. They had an intercourse after Diego went back from his business
trip in Mindanao.

11.

It was impossible for the couple not to have any sexual intercourse

due to Diegos fault because even before they were married they are already
practicing pre-marital sex.

12.

Diego would often disappear but always make sure that his location

was in the knowledge of his wife but most of the time Gabriela will take it for
granted and not pay attention to the details of their conversation.

13.

Diego being secretive was never new to Gabriela due to that Gabriela

was once an activist like him. There are some things that they cannot reveal to each
other as it may cause danger to others as well as to their home.

23.

was basically groundless and pointless allegations on the defendant

because they have consummated their marriage through sexual intercourse many
times.

24.

In connection thereto, one of the essential marital obligations under

the Family Code is to procreate children based in the universal principle that
procreation of children through sexual cooperation is the basic end of marriage.
Constant non-fulfillment of this obligation will finally destroy the integrty or
wholeness of the marriage.
Diego Silang never rejected nor denied Gabriela any of the allegation
being thrown at him with regard to sexual intercourse. The reason behind them not
having a child for a long time was due to Gabrielas request to Diego that they use
contraceptuive on the early stage of their marriage because Gabriela still want to
pursue her dreams and be more free.

25.

Relative thereto, the Family Code is very clear, Article 68 provides

that the husband and wife are obliged to live together, observe mutual, respect and
fidelity, and render mutual help and support.

Diegos allged leaving the house without any word cannot be used in this
court since it was only pure hear say. The records of their conversation on their
cellphone will prove that they have been communicating with each other very well.

26. It was well sated in the complaint that although Diego almost did not
make it to their wedding he still was able to attend.. personal matters came and that
prevents him from going earlier their wedding was held during a super typhoon
and it was very difficult for the husband to make it but he made the impossible
possible.

29. It is must be strictly followed the personal medical or psychological

examination of respondent is a requirement for a declaration of psychological
incapacity and that the situation given is not excluded.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that after due deliberation, the instant case be dismissed.

Other just and equitable reliefs are likewise prayed for.

City of Manila, Metro Manila

October 24, 2014

Respectfully submitted,
AIMEE BERNADETTE B. QUINONES
Public Attorneys Office
Counsel for Accused-Appellant
Roll of Attorney 1234
MCLE Compliance Certificate II; 1-24-14
IBP 21345; 1-24-14; City of Manila
PTR 123465; 1-25-14; City of Manila

VERIFICATION/CERTIFICATION

I, DIEGO SILANG, state under oath that I have read the above complaint
and the allegations in it are true and correct of my personal knowledge and/or based
on authentic record. I also certify under oath
1. That he is the defendant in the above entitled case;
2. That he caused the preparation of the foregoing Answer
3. That he read and understood all the allegation therein contained and that the
same are true and correct to the best of his knowledge.

(SGD.) DIEGO SILANG

Affiant

Before me personally appeared DIEGO SILANG and presented to me his

passport EB 12345 issued by the Foreign Affairs Department in Manila that is
valid up to 12 December 2014, known to me to be the same person who signed in
my presence the petition for declaration of nullity against respondent Diego
Silang.
Signed and Sealed this 24 October 2014 in City of Manila.
AIMEE BERNADETTE B. QUINONES
Public Attorneys Office
Counsel for Accused-Appellant
Roll of Attorney 1234
MCLE Compliance Certificate II; 1-24-14
IBP 21345; 1-24-14; City of Manila
PTR 123465; 1-25-14; City of Manila

Copy furnished:
Atty. Reggie Landrito
Solicitor General
Roll of Attorney 12345
MCLE Compliance Certificate II; 7-19-14
IBP 21345; 1-14-14; City of Manila