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Comment On Demurrer To Evidence

1. The petitioner opposes the respondent's demurrer to evidence in their annulment case. 2. The respondent alleges the case should be dismissed for lack of cause of action, but the petitioner argues they have provided sufficient evidence to prove they contracted HIV during their marriage to the respondent. 3. Legal experts have stated that annulment is allowed if a disease is likely to be transmitted to the other spouse or any potential children, which has been established in this case.

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194 views2 pages

Comment On Demurrer To Evidence

1. The petitioner opposes the respondent's demurrer to evidence in their annulment case. 2. The respondent alleges the case should be dismissed for lack of cause of action, but the petitioner argues they have provided sufficient evidence to prove they contracted HIV during their marriage to the respondent. 3. Legal experts have stated that annulment is allowed if a disease is likely to be transmitted to the other spouse or any potential children, which has been established in this case.

Uploaded by

Pamela Parce
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippnes

National Capital Judicial Region


REGIONAL TRIAL COURT
City of Manila
Branch 11

NOELLA SARTIN,
Petitioner

--versus-- Civil Case No. 777


FOR: Annulment of Marriage

PAUL LACSAMANA,
Respondent

x---------------------------------------------x

COMMENT/OPPOSITION
(To Respondent’s Demurrer to Evidence)

COMES NOW, the Petitioner, in the above-entitled case, by and through


the Undersigned Counsel and unto this Honorable Court, by way of
Comment/Opposition to the Respondent’s Demurrer to Evidence, most respectfully
avers:

1. The undersigned counsel received the Demurrer to Evidence of the


respondent on October 16, 2020;

2. In the said Demurrer to Evidence, the respondent allege that the case should
be dismissed for lack of cause of action;
3. The position of the respondent is without merit;

4. Respondent’s main point is the failure to prove by way of testimonial and


documentary evidence the fact that petitioner has no knowledge of the
alleged HIV-AIDS of the respondent prior to the marriage and failure to
prove that the disease was caused by the respondent, however petitioner has
provided enough evidence, to prove that petitioner has contracted HIV
during the marriage with the respondent.

5. Furthermore, as explained in the Minutes of the 158th joint meeting of the


Civil Code and Family Law committees held on October 11, 1986, (page 4)
Justice Caguioa stated that prohibition is not in the inability to procreate in
the transmissibility of the disease to the other spouse. Justice Reyes agreed
that the idea in the provision is that is likely to contaminate the other spouse.
Justice Caguioa added that the other point is the transmissibility of the
disease to the fetus and the offspring.

6. Also, even if the impotency or incurable sexually-transmissible disease is


known to both parties prior to the marriage ceremony, the injured party can
still file a case for annulment on the said grounds. This is so because these
grounds are not based on defective consent like the others but based on the
fact that the impotency or disease is incurable. Moreover, they negate the
other important purpose of marriage which is to procreate normal, healthy
and upright children. In fact, in the case of incurable sexually-transmissible
disease, the continuance of the marriage may even pose a danger to the life
of the other contracting party.

PRAYER

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


deny Respondent’s Demurrer to Evidence.

Other reliefs just and equitable are likewise prayed for.

21 October 2020, City of Manila.

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