REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
Branch ____, MANILA CITY

Gina Lao Tsoi,

Petitioner,

-versus- Civil Case No. __________

For: Declaration of Nullity
of Marriage under Art. 36
of Family Code
Chi Ming Tsoi,
Respondent,

x—————————————————x

ANSWER
(To the Complaint for Declaration of Nullity of Marriage)

COMES NOW, the defendant CHI MING TSOI, through the

undersigned counsel and unto this Honorable Court, most respectfully states
THAT:

1. Defendant admits the allegations made in paragraphs 1-5 of the petition;

2. Defendant specifically denies the allegation made in paragraph 6 of the

petition in that he was using the make-up kits of the petitioner.
Defendant avers that he was merely examining the kits out of pure
curiosity but did not use them on himself;

3. Defendant admits the allegations made in paragraph 7 - 18 of the

petition, but insists that the lack of intimacy or sexual congress between
the petitioner and defendant is solely due to the fact that defendant wants
to maintain the purity of the relationship with petitioner, and that they
are still young and have their whole lives ahead of them;

4. Defendant specifically denies the allegation in paragraph 19-20 of the

petition that he is impotent, gay, and only used marriage to maintain
citizenship. It is vehemently averred that the defendant is fully capable
of sexual congress and is not a homosexual, and that he truly loves the
petitioner;
DEFENDANT’S AVERMENTS

5. It is maintained by the defendant that he is not impotent, and only

wishes that as spouses, they only maintain their virginity up until such a
time that they are ready to consummate the marriage;

Page 1
6. Defendant further insists that he is deeply in love with petitioner, and
that served as the compelling force to marry her;

7. Defendant also maintains that the petition fails to state any case in
support of her prayer for declaration of nullity of marriage, as the
petition fails to specifically point out a ground based on law in support
of declaration;

8. Although the petitioner imputes psychological incapacity, the petition

nevertheless fails to identify any fact which may constitute the same,
and appears only as a mere afterthought in order to seemingly retrofit
her pleas into a claim of substantive right;

9. Even assuming ex gratia argumenti that the defendant is impotent,

nowhere in our laws and jurisprudence can there be support to say that
such constitutes psychological incapacity as a basis for a decree of
nullity of marriage;

10. Nowhere in the complaint is there a nexus, whether implied or manifest,

between the allegation of impotence on one hand, and an imputation of
psychological incapacity, on the other;

11. There being no basis for the claim of the petitioner for psychological
incapacity, the petition must fail, and the marriage undisturbed;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

for this Honorable Court that the marriage be deemed valid and remain as
such, and the instant petition be dismissed.

Other reliefs that may be just and equitable are likewise prayed for.

Quezon City, January 20, 1990.

ELICA & ELICA LAW OFFICES

By: ______________
Atty. Anthony Jhonuel A. Elica
Commission Serial No. 4111
Until December 30, 1991
Roll of Attorney 16712
IBP. No.1121/January 1, 1987/Manila
P.T.R. No. 2233/January 1, 1988
Roll No. 2281

Page 2
 VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, Chi Ming Tsoi, of legal age, Filipino citizen, resident of 1473 G.

Banawe St., Sta Cruz, Manila, after having been sworn to in accordance with
law, depose and say:

1. That I am the petitioner in the above-entitled case;

2. That I caused the preparation and filing of the foregoing Answer;

3. That all the allegations therein are true and correct of my own
knowledge and based on authentic records;

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ____ day of ___________ in __________________.

CHI MING TSOI

Affiant

SUBSCRIBED AND SWORN to before me this __th day of _______1990

at ____________ City. Affiant exhibited to me his __________________ as
competent evidence of identity.

Atty. Anthony Jhonuel A. Elica

Commission Serial No. 4111
Until December 30, 1991
Roll of Attorney 16712
IBP. No.1121/January 1, 1987/Manila
P.T.R. No. 2233/January 1, 1988
Roll No. 2281

Doc No.
Page No.
Book No.
Series of 1990

Page 3