I only have 1 hour to answer this question.

1. John Kenneth and Monaya got married before the Municipal Mayor of Gapan, Nueva Ecija on 18 November 1975. After 30 years of marriage marred by frequent quarrels due to the irresponsibility, immaturity, violence and abusive behavior of Monaya, John Kenneth filed a petition for declaration of nullity of marriage under Article 36 of the Family Code. Monaya filed a motion to dismiss on the ground of the petition's failure to state a cause of action. John Kenneth opposed the motion to dismiss alleging that the same is a prohibited pleading under Section 7 of AM 02- 11-10 SC, which provides:

Section 7. Motion to dismiss. - No motion to dismiss the petition shall be allowed except on the ground of lack of jurisdiction over the subject matter or over the parties; provided, however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in an answer.

Monaya, in her reply to the opposition of John Kenneth, contended that AM 02-11- 10 SC does not apply to them as it was not yet valid law at the time they got married and since, prior to the effectivity of AM 02-11-10 SC, the Rules of Court do not expressly prohibit a motion to dismiss.

Should the motion to dismiss be granted?