Republic of the Philippines

SUPREME COURT
8th Judicial Region
REGIONAL TRIAL COURT
Branch 12
Ormoc City

XXXXX,
Plaintiff,

- versus - Civil Case No. R-ORM-12-

00116-CV
FOR: Declaration of Nullity
of Marriage under Art. 36 of
the Family Code

XXXXX,
Defendant.
x-----------------------------------x

PRE-TRIAL BRIEF
FOR THE RESPONDENT

The DEFENDANT, through the undersigned counsel,

unto this Honorable Court most respectfully submits this
Pre-Trial Brief:

Willingness to Enter into Amicable Settlement

1. Subject to a concrete proposal that is fair and

reasonable and a reciprocal manifestation of
openness from plaintiff, defendant is open to the
possibility of amicably settling this dispute and to
avail of any of the alternative modes of dispute
resolution.

2. Pursuant to Rule 18 of the 1997 Rules of Civil

Procedure, defendant submits that the desired
terms of any amicable settlement involving the
custody of the minor child rests upon Art. 213 of
the Family Code that no child under seven years of

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 age shall be separated from the mother, unless
the court finds compelling reasons to order
otherwise.

Brief Statement of Claims and Defenses

1. Plaintiff seeks to annul the marriage under Art. 36 of

the Family Code of the Philippines on the ground of
psychological incapacity of the defendant.

2. Defendant denies the allegation that she is

psychologically incapacitated to comply with the
essential marital obligations of marriage.

3. The Petition for Declaration of Nullity of Marriage

does not specify the regime governing the property
relations of the spouses, as well as the properties
involved, in violation of the requirements under
Section 5 (2) of A.M. No. 02-11-10-SC or the Rule on
Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages.

4. The Psychological Report submitted by the plaintiff in

support of his Complaint wholly relied on information
coming only from the plaintiff's side and was not
based upon independent proof.

Summary of Admitted Facts

1. The plaintiff and defendant were married on

January 08, 2011 in Sta. Rita Shrine, Biasong,
Merida, Leyte before the Rev. Fr. Libby Daños.

2. The parties begot one (1) child namely XXXXX

born on October 17, 2010.

Proposed Stipulation of Facts

1. That plaintiff and defendant were boyfriend and

girlfriend from the time that they were in their
second year in college until they were lawfully
married on 2011.

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 2. That both their families approved of their union at
the time of celebration of marriage.

3. That plaintiff and defendant lived together

peacefully as husband and wife from the time they
begot their child until the time they were married
and lasted until the first months of year 2015.

4. That the family lived together with the plaintiff's

parents at XXXX St., Ormoc City, Leyte.

5. That defendant has been gainfully employed from

the time she was able to work and at present, is
working as a real estate property consultant of
FILINVEST Cebu, Cebu City.

6. That defendant has not relied on anyone for

support or sustenance and has been renting an
apartment since April 26, 2015 until the present.

7. That defendant has not engaged in any extra-

marital affair from the time of marriage until the
present.

8. That a civil case for Violence Against Women and

Their Children against the plaintiff is pending
before the same court, the Regional Trial Court Br.
12 of Ormoc City docketed as Civil Case No. R-
ORM-15-00048-CV for Temporary Protection Order
filed by defendant.

Legal Issue

Whether or not there is ground for psychological

incapacity to warrant a declaration of nullity of marriage
under Art. 36 of the Family Code

Documentary Evidence

Defendant will present the following documents:

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 1. Exhibit “1” – Certificate of Appearance from the
DSWD.

2. Exhibit “2” – Certification of Extract of Police

Blotter with Entry No. 1313/06-19-15/1752H

3. Exhibit “3” – Certification of Extract of Police

Blotter with Entry No. 1036/06-9-15/2:30PM
.

Witnesses to be Presented

The defendant will testify for more or less one hour to

disprove the material allegations of the complaint. The
Judicial Affidavit of the defendant is herewith submitted
and made part and parcel of her testimony.

The defendant reserves the right to present the

following additional witnesses: XXXXX.

Laws/Jurisprudence

Applicable provisions of the Family Code, New Civil

Code, the Rules of Court and other related laws. Likewise,
decisions of the Supreme Court relevant hereto.

A.M. No. 02-11-10-SC RULE ON DECLARATION OF

ABSOLUTE NULLITY OF VOID MARIAGES AND ANNULMENT
OF VOIDABLE MARRIAGES March 4, 2003

Viñas v. Viñas, G.R. No. 208790, January 21, 2015

Trial Dates

As the Honorable Court’s schedule would allow.

MOST RESPECTFULLY SUBMITTED.

March 14, 2017. Ormoc City, Leyte, Philippines.

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 PUBLIC ATTORNEY’S OFFICE
Ormoc District Office
Hall of Justice, Ormoc City
Tel. No. (053) 255 – 4296
(Counsel for the Defendant)

RHAHEZZA N. MAIDIN
Public Attorney II
Roll No. 59828 03/22/12
IBP No. 1067505 02/20/17
MCLE Compliance No. V-0008367
-June 5, 2015

Notification/Explanation

The Clerk of Court

Regional Trial Court Branch 12
Ormoc City

GREETINGS:

Please submit the foregoing Pre-Trial Brief for the

Defendant for the kind consideration of the Honorable
Court immediately upon receipt hereof. The same is
personally filed with this Honorable Court and served to
adverse counsel by registered mail due to lack of
manpower to effect personal service. Thank you.

RHAHEZZA N. MAIDIN

Copy furnished:

Atty. Evergisto S. Escalon

Escalon & Escalon Law Office
Corner Real & Aviles Sts., Ormoc City

Office of the Solicitor General

134 Amorsolo St.
Legaspi Village, Makati City 1229

Pros. Erwin A. Pedrosa

City Prosecutor’s Office
Hall of Justice, Ormoc City