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PEDRO FERRER, Petitioner, -versusAbsolute Nullity of Marriage under Article 36 of Civil Code Civil Case No. Q.C-8752 For: Declaration of

EDEN AGUSTIN-FERRER Respondent. x---------------------------------------------------x

PRE-TRIAL BRIEF FOR THE RESPONDENT Respondent, by the undersigned Counsels, most respectfully submits this Pre-trial Brief and states the following: SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS 1. After one year of happily living together at respondents house, petitioner and respondent got married in a civil ceremony held in Pasay City on July 5, 1996. 2. Then on October 1996, petitioners and respondents child, Maggie Taulava, was born wherein petitioner was ecstatic about the birth of their daughter.

3. Respondent performed the role of a supportive wife and dutiful mother performing her duties at home, taking care of their daughter and keeping an orderly and pleasant home while petitioner was at work. 4. After two years, the seemingly ideal marriage began to crumble due to petitioners allegation of psychological incapacity of the respondents and also infidelity of the petitioner. ISSUES 1. Whether or not the alleged behavior and personality defects of the respondent constitute psychologically incapacity. 2. Whether or not Article 36 of Civil Code as ground for nullification of marriage complied with. EVIDENCES FOR MARKING 1. Pictures of the petitioner together with the lady associate purpose: to prove the infidelity of the petitioner. 2. Love letter of the lady associate to the petitioner purpose: to prove the infidelity of the petitioner. WITNESSES FOR THE DEFENDANT The Prosecution intends to present the following witnesses: 1. Respondent Edena Agustin-Ferrer to testify that matters and circumstances regarding the alleged psychological incapacity. 2. House helper 1 to testify that the respondent being a good wife and mother, performing her duties to her husband and to their child.

3. House helper 2 to testify that the respondent being a good wife and mother, performing her duties to her husband and to their child. 4. Best friend and mutual friend to testify that respondent confided to her respondents sufferings from lack of attention and affection from the petitioner. 5. Co-lawyer and mutual friend to testify that petitioner always go out with her lady associate.

TRIAL DATES Specifically all Mondays of the month, with the regular appearance of the undersigned counsels before this Honorable Court. RESPECTFULLY SUBMITTED. Manila, Philippines, December 10, 2007


Copy Furnished: Pedro Ferrer 58 Batangas Street Kamuning, Quezon City

Atty. Fides May Mascua-Anievas Atty. Nathaniel Celiz 6th Floor, Tuscan Building 114 Herera Street, Legaspi Village Makati City

Received by

: ______________________________ (Signature over Printed Name) ______________________________ Pre-Trial Brief CC Q.C-8752

Date/Time Received Ref. Code :