Professional Documents
Culture Documents
Civil Pretrial Brief
Civil Pretrial Brief
REGIONAL TRIAL COURT
11th Judicial Region
Branch 32
Lupon, Davao Oriental
NORA HONORATA, CIVIL CASE NO. 41218 .
Petitioner,
versus FOR: DECLARATION OF
NULLITY OF MARRIAGE
UNDER ART. 36 OF THE
CHRISTOPHER CARE, FAMILY CODE
Respondent.
xx
PRETRIAL BRIEF
STATEMENT OF THE FACTS AND OF THE CASE
This is an action for Declaration of Nullity of Marriage under Article
36 of the New Family Code.
Petitioner alleges in her Petition, viz:
a. That Petitioner and Respondent are husband and wife;
Page 1 of 4
PERSONALITY FEATURES, while Petitioner likewise is
suffering from HISTRIONIC PERSONALITY DISORDER;
c. That the root cause of such illness is traced from their respective
childhood;
d. That such illness is diagnosed to be grave and incurable;
e. That such illness existed prior to the celebration of marriage and
became apparent at the time of the marriage.
PROPOSED STIPULATION OF FACTS
1. The identity of parties as Petitioner and Respondent;
2. The fact of marriage, parties having been married on November 1, 2010;
3. That no property was acquired by both spouses, and;
4. Their defacto separation and the absence of cohabitation between the
spouses.
LIST OF DOCUMENTARY EVIDENCE
1. Marriage Contract Exhibit “A”
2. The Psychological Report Exhibit “B”
ABSTRACT OF TESTIMONIES
Petitioner will be testifying on the allegations in the Petition and will
present documentary evidence.
NUMBER OF WITNESSES TO BE PRESENTED
Petitioner and at least two (2) witnesses.
Page 2 of 4
ADMISSIONS
APPLICABLE LAWS AND JURISPRUDENCE
1. Provisions of the Family Code;
2. Republic of the Philippines vs. Molina, G.R. No. 108763, February 13,
1997;
3. Santos vs. Court of Appeals, G.R. No. 112019, January 4, 1995; and
4. Chi Ming Tsoi vs. Court of Appeals, G.R. No. 119190, January 16, 1997.
ISSUES
Whether or not respondent is psychologically incapacitated to comply
with the essential requisites of marriage which is a valid ground under
Article 36 of the Family Code to declare the marriage a nullity.
AVAILABILITY FOR TRIAL
Respectfully Submitted:
Lupon, Davao Oriental. February 6, 2017.
SHARON G. BALINGIT
Counsel for the Petitioner
PTR No. 123456, 10518, Lupon, Dvo. Or.
IBP OR No. 789123, 122817 (for 2018)
Rm. 1, 2nd Fl., Cruz Bldg., Barangay Poblacion
Lupon, Davao Oriental
Roll No. 40,000, Page No. 200
Book No. XX, November 29, 1995
Page 3 of 4
MCLE Compliance No. V00112233; 102016
Email add: [email protected]
Telefax No. (087) 8080123
Cellphone No. 09988567996
Copy furnished:
Office of the Provincial Prosecutor Personal Service
Mati City, Davao Oriental
Atty. Richard M. Gomez Registered Mail with
Return Card
Counsel for Respondent
Tagum City
EXPLANATION
Pursuant to the provision of Rule 13, Section 11 of the 1997 Rules in
Civil Procedure, as amended, undersigned submits this Explanation that the
service of this PreTrial Brief to the Office of the Solicitor General and the
Counsel for Respondent was by Registered Mail instead of personal service
in view of lack of manpower and distance.
Page 4 of 4