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Republic of the Philippines

REGIONAL TRIAL COURT
12th Judicial Region
Branch 1
Iligan City

ANIKA DELA CRUZ,

Petitioner,

Civil Case No. 23456

---versus--- For: ANNULMENT OF MARRIAGE

PETER LIM,
Respondent.

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OPPOSITION
(to the Petition for Annulment of Marriage dated 5 March 2019)

RESPONDENT, by and through the undersigned counsel, unto this

Honorable Court, most respectfully submits this Opposition to the Petition for
Annulment of Marriage filed by the Petitioner, and in support thereof most
respectfully allege, to wit:

1. Last 5 March 2019, Respondent received a copy of the Petition filed

by herein Petitioner seeking for annulment of marriage from Respondent;
2. Respondent respectfully opposes the Petitioner’s Petition which
attached on the premise that the herein Respondent was psychologically
incapacitated;
3. Psychological incapacity must be more than just a "difficulty,"
"refusal" or "neglect" in the performance of some marital obligations.
Rather, it is essential that the concerned party was incapable of doing so,
due to some psychological illness existing at the time of the celebration of
the marriage;
4. Peter’s idleness and intoxicated attitude was not shown to be due to
causes of a psychological nature that are grave, permanent and
incurable. In fact, it was only after Anika left her that he started to live with
another woman. In the petition filed by the Petitioner, she said their
quarrels led to alleged physical beatings.

5. However, Peter’s attitude does not appear to be symptomatic of a

grave psychological disorder which rendered him incapable of performing
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his spousal obligations. It must be shown that his acts are manifestations
of a disordered personality which make him completely unable to
discharge the essential obligations of marriage. Since that situation does
not obtain in the case, Anika's claim of psychological incapacity must fail;

6. Hence, in view of the foregoing, the Respondent most respectfully

prays of this Honorable Court to deny the Petitioner’s Petition;

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court to

deny the Petitioner’s Petition.
The Respondent prays for such other reliefs as may be just and equitable
in the premises.
Iligan City, Philippines, 10 March 2019.

LAUREN G. YOUNG
Counsel for Respondent
Unit 10, Doromal Bldg., Los Baños St., Iligan City
PTR No. 1168594-01/04/2016
IBP No. 897135-01/04/2016
at Iligan City
Roll No. 49871-05/02/05
MCLE Compliance No. 0012187-04/13/10

Copy furnished:

ATTY. SITTIE RAINNIE BAUD

Counsel for Petitioner
Unit 67, Warner Drive
Robinson Village, Iligan City
Tel. No. 226-4567

NOTICE OF HEARING
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The Clerk of Court

RTC, Branch 1
Iligan City, Lanao del Norte

ATTY. SITTIE RAINNIE BAUD

Counsel for Petitioner
Unit 67, Warner Drive
Robinson Village, Iligan City

G R E E T I N G S:

Please be informed that the undersigned shall submit the foregoing

Opposition to the Honorable Court for its consideration and approval without
need of oral argument.

LAUREN G. YOUNG

EXPLANATION

It is respectfully manifested that the foregoing Opposition is being filed via

registered mail with return card due to distance.

LAUREN G. YOUNG