REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF CEBU

7TH JUDICIAL REGION
BRANCH 24, CEBU CITY

JOCELYN DELILAH O. WHITEHEAD,

Petitioner,

-versus- Sp. Proc. No. 15495-CEB

ANTHONY FISHER WHITEHEAD,

Respondent.

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RESPONDENT’S MEMORANDUM IN SUPPORT OF HIS

OPPOSITION TO PETITIONER’S MOTION FOR SUPPORT
PENDENTE LITE

Respondent, through the undersigned counsel, to this Honorable Court,

most vehemently submits the following Memorandum in support of his
opposition to petitioner’s motion for support pendente lite, thus:

PREFATORY STATEMENT

“Support” comprises everything indispensable for sustenance, dwelling,

clothing, medical attention, education and transportation, in keeping with the
financial capacity of the family.

The education of the person entitled to be supported referred to in the

preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority. Transportation
shall include expenses in going to and from school and from place of work.
[Art. 194, Family Code].

Adultery on the part of the wife is a valid defense against an action for
support (Quintana vs. Lerma, 24 Phil., 285).

STATEMENT OF RELEVANT FACTS:

 On April 23, 2007, Petitioner filed a petition for Issuance of Protection
Order under RA 9262.

Later, petitioner filed an Urgent Motion for Support Pendente Lite, dated
August 31, 2007.

Petitioner then filed a Manifestation dated September 14, 2007 and

attaching therewith her AFFIDAVIT FOR SUPPORT, which was subscribed
before Notary Michael L. Cañete on 13th of September 2007.

In the said Affidavit of Support, petitioner declared the following, inter

alia, to wit:

“I JOCELYN WHITEHEAD, natural born Filipino Citizen, of

legal age, married, and a resident of Minglanilla, Cebu, Philippines,
after being duly sworn to in accordance with law hereby depose and
aver that:

1. I am the petitioner in the case entitled Jocelyn Whitehea vs.

Anthony Fisher Whitehead, Special Proceedings Case No. 15495-
CEB, now pending at Regional Trial Court, Branch 24, Cebu City;

2. I am legally married to Anthony Fisher Whitehead with

whom I have a minor son John Anthony Whitehead, who is currently
studying at Don Bosco Technology Center.

3. I have custody of our minor son and I am left with the sole
obligation of spending for our daily food, clothing, education, school
allowance and other house bills which includes wages for our child’s
nanny, phone electric and water bills, as my husband did not give us
any financial support sin April 2007.

4. Except for the child’s school tuition fees which my husband

already paid in full, I spent for the daily school allowance of our son
in the amount P100.00, excluding, fare in going through and back
from school.

5. I spent approximately the following amounts per month;

VECO P4,000.00
Water Bill P 100.00
Smart Wi-fi Internet P 999.00
Sky Cable Subscription P 699.00
PLDT P 700.00
Child’s Multivitamins P 350.00
Househelper P2,500.00
Child’s School Allowance & Taxi Fare
(From Minglanilla to Labangon) P 5,000.00
Food (Breakfast, Lunch & Dinner) P12,000.00
Miscellaneous P 1,200.00

P27,548.00
Billing receipts of the foregoing, monthly expenses are attached
hereto for perusal as Annexes “A” to “A-4”.

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 Respondent filed his opposition on October 9, 2007, dated October 5,
2007.

On October 22, 2007, respondent filed a case for Adultery against

petitioner before the Office of the Provincial Prosecutor. Attached herewith as
Annex “A” is a machine copy of the said complaint, together with all
supporting document, more specifically the affidavit of Respondent and the
Affidavit of John Anthony Whitehead.

On November 9, 2007, respondent presented in Court, John Anthony

Whitehead as witness for in support of his Opposition to the Motion for
Support Pendente Lite.

That John Anthony Whitehead testified in Court on November 9, 2007

before the Hon. Judge Olegario Sarmiento that he uses a multicab and not
taxi in coming and going to school. More specifically, John Anthony
Whitehead made the following testimonies, to wit:

Atty. Dinopol:
Q: And you said a while ago that you were studying at Don Bosco?
A: Yes.
Q: What is your mode of transportation from your house in Minglanilla to
your school?
A: We have a truck.
Q: You mean a multi-cab?
Witness:
A: Yes.
( TSN, pp 7 to 8, November 9, 2007)

Also, John Anthony Whitehead testified in Court on November 9, 2007

before the Hon. Judge Olegario Sarmiento that his house at Minglanilla, Cebu
where she lives with his mother Jocelyn Whitehead, has no house helper.
More specifically, John Anthony Whitehead made the following testimonies, to
wit:

Atty. Dinopol

Q: So John, in your house in Upper Linao, Minglanilla, you do not have any
house helper, is that correct?

Witness:
A. No. Before we have.
( TSN, pp 24, November 9, 2007)

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 ISSUE:

1. WHETHER OR NOT RESPONDENT IS ENTITLED TO SUPPORT

PENDENTE LITE.

ARGUMENTS AND DISCUSSIONS:

It is the strong contention of the respondent the petitioner is not

entitled to any support whatsoever.

In the case of MARIA QUINTANA, vs. GELASIO LERMA [G.R. No. 7426.
February 5, 1913.], the Supreme Court ruled rather emphatically that:

“We are of the opinion that the special defense of adultery set up by
the defendant in his answer both to the original and the amended
complaint is a good defense, and if properly proved and sustained will
defeat the action.”

In his duly notarized Affidavit [one of the Annexes to the Complaint for
adultery, Annex “A”, hereof], John Anthony Whitehead declared that his own
mother, petitioner herself, committed adultery right in his presence and in his
own bedroom. John Anthony declared the following in his Affidavit, to wit:

“AFFIDAVIT”

“I, JOHN ANTHONY WHITEHEAD, minor, British National, and a

resident of Minglanilla, Cebu, after having been duly sworn to in
accordance with law, do hereby depose and say:”

“1. That my parents are ANTHONY FISHER WHITEHEAD and

JOCELYN DELILAH WHITEHEAD, and they are lawfully married;”

“2. That my parents are separated now, my father is now living

in Looc, Oslob, Cebu while I stay with my mother on weekdays, at our
house in Upper Linao, Minglanilla, Cebu;”

“3. That on April , 2007, my mother and a certain ELMER IGOT,

were having sex in the opposite bed were I was sleeping, but on the
same bedroom;”

4. That while my mother and Elmer Igot were having sex, they
were saying very dirty things to each other which I can hear very

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 clearly, I have to cover my ears with a pillow so that I not be able to
hears what the two were saying to each other;”

“5. That I execute this affidavit of complaint to attest to the truth

of the foregoing and for whatever purpose it may serve”.
IN WITNESS WHEREOF, I have hereunto set my hand this (OCT
12, 2007) day of October , 2007, at Oslob, Cebu, Philippines.”

(SGD) JOHN ANTHONY WHITEHEAD

Affiant

Based on the foregoing, it is very clear that petitioner-movant

committed adultery, and the witness is no other that her very own son.

Verily, on the foregoing ground alone, the petitioner-movant’s motion

for support pendente lite, must and should be denied by the Honorable Court,
in accordance with the Supreme Court decision in the case of Quintana vs.
Lerma, 24 Phil., 285. In the said case, the Supreme Court ruled emphatically
that:

“Adultery on the part of the wife is a valid defense

against an action for support.”

PETITIONER’S PERJURIOUS
AFFIDAVIT OF SUPPORT

In her Affidavit of Support, petitioner declared the following, inter alia,

to wit:

“I JOCELYN WHITEHEAD, natural born Filipino Citizen, of

legal age, married, and a resident of Minglanilla, Cebu, Philippines,
after being duly sworn to in accordance with law hereby depose and
aver that”:

“1. I am the petitioner in the case entitled Jocelyn Whitehea vs.

Anthony Fisher Whitehead, Special Proceedings Case No. 15495-
CEB, now pending at Regional Trial Court, Branch 24, Cebu City;”

“2. I am legally married to Anthony Fisher Whitehead with

whom I have a minor son John Anthony Whitehead, who is currently
studying at Don Bosco Technology Center.”

“3. I have custody of our minor son and I am left with the sole
obligation of spending for our daily food, clothing, education, school
allowance and other house bills which includes wages for our child’s
nanny, phone electric and water bills, as my husband did not give us
any financial support sin April 2007.”

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 “4. Except for the child’s school tuition fees which my husband
already paid in full, I spent for the daily school allowance of our son
in the amount P100.00, excluding, dare in going through and back
from school.”

“5. I spent approximately the following amounts per month;

VECO P4,000.00
Water Bill P 100.00
Smart Wi-fi Internet P 999.00
Sky Cable Subscription P 699.00
PLDT P 700.00
Child’s Multivitamins P 350.00
Househelper P2,500.00
Child’s School Allowance & Taxi Fare
(From Minglanilla to Labangon) P 5,000.00
Food (Breakfast, Lunch & Dinner) P12,000.00
Miscellaneous P 1,200.00

P27,548.00
“Billing receipts of the foregoing, monthly expenses are
attached hereto for perusal as Annexes “A” to “A-4”.

Petitioner’s Affidavit of Support contains perjurious statements, more

specifically, petitioner lied when she declared that she spends P2,500.00 as
wages for a house helper when in fact she does not have one, and also,
petitioner lied when she declared that she spends P5,000.00 for John
Anthony’s school allowance and taxi fare, in coming and going to school,
when in truth and in fact, John Anthony Whitehead does not use a taxi in
coming to and from school.

The perjurious affidavit of support of the petitioner was exposed by

John Anthony Whitehead himself when he testified on November 9, 2007.

More specifically, Jon Anthony made the following testimonies, to wit:

Atty. Dinopol:
Q: And you said a while ago that you were studying at Don Bosco?
A: Yes.
Q: What is your mode of transportation from your house in Minglanilla to
your school?
A: We have a truck.
Q: You mean a multi-cab?
Witness:
A: Yes.
( TSN, pp 7 to 8, November 9, 2007)

Atty. Dinopol

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 Q: So John, in your house in Upper Linao, Minglanilla, you do not have any
house helper, is that correct?
Witness:
B. No. Before we have.
( TSN, pp 24, November 9, 2007)

It is very clear that the petitioner-movant, from the very beginning, has
been lying all along, and up to now continues to use one lie and falsity after
another, just to deceive the Court.

It is very clear that petitioner movant, a documented liar, is not entitled

to any support whatsoever.

Respondent is more that willing to give support to John Antnony

Whitehead, because respondent loves him dearly.

Respondent suggests that an amount of P5,000.00 per month as

allowance for John Anthony Whitehead, and to appoint a guardian ad litem to
ensure that the said money will go directly to John Anthony Whitehead and
not to the petitioner.

WHEREFORE in view of the foregoing, it is most respectfully prayed of

this Honorable Court that the foregoing Memorandum be duly noted and
taken into account in the resolution of the petitioner’s motion for support
pendente lite.
Respondent further prays for such other reliefs as a just and equitable
under the circumstances.
Cebu City, 12 December 2007.

ATTY. FRANCIS GEORGE F. DINOPOL

Counsel for the Respondent
Room 305 G.K. Chua Building
Sancianco Street, Cebu City
Roll of Attorneys Number 50084
PTR No. 1432564, 01-09-2007 LapuLapu City
IBP No. 705264, 02-27-2007, Cebu Chapter

Copy furnished:

MICHEAL L. CAÑETE
2/F Ranulfo Bldg., 206 F. Ramos St.,
6000 Cebu City

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