REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIFTH JUDICIAL REGION
NAGA CITY (BRANCH 20)

MARYANN B. BARRION,

Plaintiff,

-versus- Civil Case No. 98765

JAMES BRYAN BUENAVENTURA,

Defendant.

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ANSWER TO PETITION FOR LEGAL SEPARATION AND COUNTERCLAIM

Defendant, through counsel, and in answer to plaintiff’s Petition for

Legal Separation, respectfully alleges that:

1. Defendant admits paragraphs 2 to 9, and 18 of the petition;

2. Defendant is without knowledge or information to form a belief as to

the truth of the averments made in paragraph 10 thereof;

3. Defendant DENIES specifically each and every material allegation made

in paragraphs 11 to 17, and alleges that:

a. The allegations and averments were born out of a clouded mind

and jealousy.

b. The information and evidences were collected in violation of

personal privacy and are mere creations of a playful mind.
4. And as AFFIRMATIVE DEFENSES, the defendant alleges that:

a. The lipstick, eyeliner, imported women perfume, gold necklace and

silicon bra found in the defendant’s possession were surprise
anniversary gifts he prepared for the petitioner;

b. The exchange of messages attached as “ANNEX D” in the petition was

actually the conversation between the defendant and his childhood
friend who is well known to the petitioner, and who had gained the
latter’s jealousy because of the former’s closeness, even with the
petitioner’s full knowledge that the defendant and his friend were like
siblings;

c. The day before that fateful night, he and the petitioner had a quarrel
prompting the former to leave the home and spend the night at the
lodging house.

d. The latter, consumed by baseless suspicion and jealousy followed the

defendant from his work place the following day but failed to
mentioned that before returning to the lodging house the defendant
and his male colleague went to a karaoke bar to have a few drinks to
pass the night and ventilate his frustrations.

e. The defendant and his male colleague after calling it a night both
returned to the lodging house to rest and spend the night since his
male colleague was so drunk to drive home and the lodging house was
of close proximity to the karaoke bar.

5. As a COUNTERCLAIM against the petitioner, the defendant alleges that:

a. the petition for legal separation be dismissed; and

b. the respondent be granted custody of their son while the case is

pending before the court.

WHEREFORE, it is respectfully prayed that:

 a) Prayer for judgement in favor of the defendant with respect to
plaintiff’s petition; and

b) For such other relief consistent with law and equity, and for cost.

Naga City, September 9, 2020

(Sgd) Counsel for Plaintiff

Naga City, Camarines Sur
Roll of Attorney no. ****
IBP No 2200; 9/21/90; Naga City
PTR No. 4445; 3/12/90; Naga City
MCLE Compliance no. 2000

VERIFICATION AND CERTIFICATION

Republic of the Philippines )

Naga City ) S.S.

I, James Bryan Buenaventura; Filipino, of legal age residing in Apple

Street, Concepcion Grande, Naga City, Camarines Sur, after being sworn to in
accordance with law, deposes and say that:

1. I am the respondent in the above-entitled case;

2. The facts stated above in the answer are true and correct to the best of
my knowledge and based on authentic records;

3. I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and to the best of
my knowledge, no such other action or claim is pending in them; and

4. If I should learn that the same or similar action or claim has been filed
or is pending after its filing, I shall report that fact within five (5) days
 from notice to the court or where the complaint or initiatory pleading
has been filed.

IN WITNESS WHEREOF, I have signed this instrument on

September 9, 2020.

(Sgd) JAMES BRYAN BUENAVENTURA

SUBSCRIBED AND SWORN to before me this 9th day of September 2020, in

the City of Naga, the affiant exhibiting to me his Driver’s License no E07-17-
006102 issued on March 12, 2017 at LTO Naga City.

NOTARY PUBLIC
Commission Serial No. ***
Until Dec 31, 2022
Roll of Attorney no. ****
IBP No 2200; 9/21/90; Naga City
PTR No. 4445; 3/12/90; Naga City
Doc no. ______;
Page no. _____;
Book no. ____;
Series of ____.