REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Tenth Judicial Region
Branch 4
Surigao City

KRISTINE CALO MOLLA

Plaintif Civil Case No. 0002-2017-A

-versus- For: DECLARATION OF

NULLITY OF MARRIAGE
DANILO MOLLA
Respondent

X--------------------------------------------/

COMPLAINT

COMES NOW, the plaintiff through the undersigned counsel

and unto this Honorable Court, most respectfully alleges that:

1. Plaintiff, a Filipino, of legal age and with residence at

Bacuag, Surigao Del Norte.
2. On the other hand, Respondent, a Filipino, of legal age and a
resident of Brgy. San Juan, Surigao City, where he may be
served with summons and other processes of this Honorable
Court.
3. The Plaintiff and Respondent are husband and wife, having
been married on civil rights in Bacuag, Surigao Del Norte. A
 copy of their Marriage Certificate is hereto attached as
Annex A.
4. They became acquainted after a mutual friend introduced
them each other. Eventually, they became sweethearts.
5. Consequently, on October 16, 2004, they got married.

6. During their marriage, plaintiff and respondent were blessed

with a child name Joana C.Molla, born on June 8, 2006, a
copy of the Certificate of Birth is hereto attached as Annex
B forming an integral part hereof;
7. After this, Plaintiff noticed major changes in Respondents
attitude and behaviour. He likes to hang-out with lots of
friends almost every night. He began abusing Plaintiff
verbally and emotionally. He dislikes being confronted by her
and always gets mad even an innocent question asked by the
Plaintiff.
8. Respondent further neglects his marital roles by not
spending time with his wife. He is always out of the house
even on weekend and during his day offs. He does not show
any more concern to his wife.
9. In several instances when they fought, the altercation turned
physical when Respondent slapped Plaintiff on her face.
10. In several instances, Plaintiff caught Respondent
receiving phone calls from women asking his whereabouts
and eventually has been candidly romantically engaged with
different women which became an added reason for their
frequent arguments and quarrels.
11. To give Respondent a space to ponder upon their
relationship, Plaintiff decided to move out of her in-laws
house.
12. Respondent instead of finding ways to reconcile with
the Plaintiff even continued with his activities and seems to
enjoy it than being with his wife.
 13. As found out by clinical Psychologist, Respondents
behavioural patterns were affected during his early
developmental years where he was raised and exposed in an
unfavourable environment. He came from a dysfunctional
marriage leading to their respective extramarital affairs.
14. Respondent was found to be suffering from
psychological incapacity which incapacitated him to perform
his essential marital obligations which is deemed serious,
incurable and existing even prior to his marriage. Such
personality deficit is classified as NARCISSISTIC
PERSONALITY DISORDER WITH ANTISCOCIAL TRAITS as
found in Psychological Evaluation Report by Clinical
Psychologist Divine Chua hereto attached as Annex D.
15. Plaintiff would like to start her life anew and now seek
to this Honorable courts intervention to declare her
marriage with Respondent a nullity.

PRAYER

WHEREFORE, premises considered it is most respectfully

prayed of this Honorable Court that the marriage of the Plaintiff
with the Respondent to be declared an absolute nullity and that
accordingly by the court to issue an order to the local Civil
Registry of Surigao City, and to all government agencies
concerned of the absolute nullity of marriage and make
corresponding and appropriate annotation in their records.

Other reliefs just and equitable under the premises are

likewise prayed for.

City of Surigao, October 24, 2016.

 GOMER AND REYES LAW FIRM
Gomer Building
Narciso Street, 8400 Surigao City
Telefax : (086) 344-1879

By:

Atty. Jingle D. Gomer

Counsel for Petitioner
Roll No. 3231 March 15, 2016
PTR No. 5132 March 15, 2016
IBP No. 2463 March 15, 2016
Acacia Street, Surigao City
Tel No. (06) 826-1145

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, KRISTINE CALO MOLLA, of legal age after having duly

sworn in accordance with law, states that:

1. I am the plaintiff in the above stated case.

2. I caused the preparation of this petition
3. I have read the contents thereof and the facts stated therein
are true and correct of my personal knowledge and base on
authentic records.
4. I have not commenced any other action or proceeding
involving the same issued in any court, tribunal or quasi-
 judicial agency and to the best of my knowledge, no such
other action is pending therein.
5. If I should learn thereafter that a similar action or
proceeding has been filed or is pending before any court,
tribunal or agency, I undertake to report that fact within five
days therefrom, to this Honorable Court.

Kristine Calo-Molla
Affiant

SUBSCRIBED AND SWORN to before me this 24th day of October

2016 at Surigao City, affiant exhibiting to me her SSS I.D. No.
3452 issued on March 23,2015 at Surigao City.

Atty.Marjorie Dimaano
Notary Public, Manila
Roll No. 231 August 14, 2016
IBP No. 412 August 14, 2016
 PTR No. 120 August 14, 2016
Ocampo Building
Surigao City
Commission Serial No. 1004
Until December 31, 2017

Doc. No. 341

Page No. 152
Book No. V
Series of 2014

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Tenth Judicial Region
Branch 4
Surigao City
KRISTINE CALO MOLLA
Plaintif Civil Case No. 0002-2017-A

-versus- For: DECLARATION OF

NULLITY OF MARRIAGE
DANILO MOLLA
Respondent

X----------------------------------------------/

ANSWER

COMES NOW, the respondent through the undersigned counsel

unto this Honorable Court most respectfully submits his answer
and avers that:

THE PARTIES

1. Plaintiff Kristine Calo-Molla, is of legal age, married to

defendant, Filipino citizen and with present residence
address at Bacuag, Surigao Del Norte.
2. Respondent Danilo Molla, is of legal age, married to
plaintiff, a Filipino citizen, with residence address Brgy. San
Juan, Surigao City.
3. This answer is made by the respondent for the purpose of
denying the allegations of the plaintiff and show the court
his dissent to the annulment of their marriage;
4. Respondent firmly believes that their marriage problems can
be solved by means other than this proceeding.
5. The following are the facts and events showing that the
respondent does not suffer psychological incapacity;

NON-EXISTENCE OF PSYCHOLOGICAL INCAPACITY

A. Respondents repeated marital infidelity

6. Respondent vehemently object to being labelled as a

philanderer. His good looks and being caring is often
misunderstood. They tend to think that he feels something
for them and consequently, rumors about an illicit affair
would spread.
7. Miss Kristine Calo-Molla, on the other hand, would easily
believe those rumours which utterly unsubstantiated. The
alleged phone calls were nothing but an exaggeration. The
individuals calling about his whereabouts were his friends. It
is only because of the plaintiffs prejudice and unfounded
jealousy that she should could think that those are
respondents flings or mistresses.
8. Respondent, in his heart and mind truly and faithfully adore
the plaintiff. It is but a big disgrace and irony that he would
want a woman other that his wife as he dont want his
children would experience what he has gone through after
his father abandoned their mother. Perhaps, there could be
no other woman who could be greater or even just equal the
beauty and personality of his wife.
B. Respondents cruelty and violence

9. Respondent would admit that he hit the plaintiff twice or

thrice during their marriage. But the same was neither
repeated nor was it brutal. It was a mere slap in the face
with a minimal amount of strength employed.
10. Respondent was only moved to do the same because of
the continuous nagging of the plaintiff. It is her unfounded
jealousy again which prompted her to hurl several
accusations against the respondent.

C. Respondents chronic refusal to maintain harmonious

family relations and lack of interest in a normal married
life.

11. This allegation is nothing but a complete falsity. Herein

respondent loves his wife and children. He wanted to spend
a lot of time with them. It is only because of respondents
several jobs that he will sometimes need to socialize with
people and be remiss in his responsibilities as a father and
as a husband. But this neglect does not amount to a chronic
refusal to maintain harmonious family relation.
12. It is utterly false that he does not exert an effort to
reconcile with his wife as he attempted though for several
times but his wife refuses to return to their residence.
 13. Respondent believes that the family is the foundation of
the nation and the basic social institution. It should at all
times be cherished and protected. It should not be shattered
by mere misunderstanding brought about by insecurities
and unfounded jealousy.
14. We come to love not by finding the perfect person but
by learning to see an imperfect person perfectly.

15. Respondent may have committed faults as a husband

and as father but those were not enough to severe the
relationship tied before our Supreme God. What God has
joined together, let no one separate.
16. Respondent may have caused few bad memories, but
plaintiff must not forget the thousand good memories that
they had together. Those times when every single moment
spent together is like a dream come true. Thus, instead of
thinking about separation, why not pursue the path to
reconciliation.

PRAYER

WHEREFORE, PREMISES CONSIDERED, respondent most

respectfully prays to this Honorable Court that the petition for the
declaration of the nullity of marriage filed by KRISTINE CALO
MOLLA be dismissed.

Respectfully submitted.

Surigao City, Philippines, this December 8, 2016.

 ELICANO AND MANROA LAW FIRM
Bldg.5, 3rd floor, XYZ Building
Narciso Street,8400 Surigao City
Telefax : (086) 324-8979

By:

Atty. Maria B. Manroa

Counsel for the Respondent
IBP No. 8268494 12-19-2015 Surigao City
PTR No.90787896 01-03-2016 Surigao City
TIN 560-572-123
Roll No. 1780833, Page No. 987, Book LXI
MCLE No. 8752145 Dec. 6, 2015
Mobile No. 09086493020
VERIFICATION

I, Danilo Molla, of legal age, married to plaintiff, a Filipino

citizen, with residence address at Brgy. San Juan, Surigao City,
under oath, depose and state;

1. I am the respondent in this case;

2. That I have caused the preparation of this pleading;
3. I have fully read and understood the same;
4. That the allegations contained therein are true and correct
based on my personal knowledge and on authentic
documents;

TO THE THRUTH OF THE FOREGOING, I hereby set my hand

this December 8, 2016 in Surigao City, Philippines.

DANILO MOLLA
Respondent
SUBSCRIBED AND SWORN to before me this _____________day of
________200_ at _________________ affiant exhibiting to me his
Community Tax Certificate No._______________ issued
on______________200_ at ____________ City.

Doc.No.;
Page No.;
Book No.;
Series of 200___.
Atty. Leonil B.Gastardo
Notary Public
Until December 31, 2017
IBP No.6789544 12-19-2014 Surigao City
PTR No.661233 01-03-2015 Surigao City
TIN 546-378-876
Roll No. 1234589, Page No.424, Book LXI
MCLE No. 5218390 Dec. 6, 2014
Mobile No. 09201235786