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Plaintiff,
-versus-
JOHNDEL PEALOSA,
Defendant.
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PRETRIAL BRIEF
COMES NOW defendant thru the undersigned counsel unto this
Honorable Court most respectfully submits its Pre-Trial Brief, to wit:
I. BRIEF STATEMENT OF THE CASE AND CLAIMS OF THE
PARTIES
a. Plaintiff seek for the declaration of nullity of marriage on the
ground of psychological incapacity due to the alleged failure
to comply with marital obligations by the Defendant;
b. As alleged and argued in Defendants Answer dated
October 7, 2014 by defendant Johndel a.k.a JD Penalosa
interposed the following defenses
i. That the Plaintiff failed to establish the ground of
psychological incapacity in the instant complaint.
ii. That the allegations failed to meet the standards as set
forth by the Supreme Court on psychological incapacity,
to wit:
1. As ruled by the Supreme Court in the case of
Santos vs. Court of Appeals (G.R. No. 112019,
January 4, 1995, 240 SCRA 20), x x x who
opines that psychological incapacity must be
characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability. The incapacity
must be grave or serious such that the party
would be incapable of carrying out the ordinary
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V. Documentary Evidence.
Exhibit
Purpose
VI.Testimonial Evidence.
Witness
Substance of Testimony
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RESPECTFULLY SUBMITTED.
Bacolod, November 25, 2014.
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