REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT CITY OF MAKATI Branch No.

Beth B. Loggins, Petitioner. -versusJack A. Collins Respondent. x --------------------------------------------- x PRETRIAL BRIEF For: Annulment of Marriage Civil Case No. 73125

RESPONDENT, by counsel, respectfully submits his Pre-Trial Brief, as follows:

1. Willingness to enter into an amicable settlement and possible terms of any such settlement a. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from Petitioner, Respondent is open to the possibility of amicably settling this dispute b. Respondent respectfully submits that the desired terms of any amicable settlement would involve the dismissal of the petition on the ground of lack of cause of action, and the payment of damages prayed for.

2. Brief statement of claims and defenses a. Petitioner seeks to annul the marriage under Article 45 of the Family Code, on the ground that the contracting parties failed to obtain the consent of Spouses Alberto Y. Loggins and Josefa B. Loggins, parents of Petitioner, as required by Article 14 of the Family Code; b. Respondent avers that Petitioner is without legal capacity to file the Petition for Annulment of Marriage i. That at the time Petitioner filed her Petition for Annulment of Marriage and up to the present, she is twenty (20) years of age, contrary to Article 47 of the Family Code, which allows a contracting party to file such petition only within five (5) years after attaining the age of twenty-one (21); c. Respondent denies the allegation that no such consent was given, and further alleges i. That Alberto Y. Loggins, father of Petitioner, physically attended the marriage ceremony of Petitioner and Respondent which took place July 1, 2008, gave his consent thereto, and presented no objections;

ii. That the signature of Alberto Y. Loggins appearing in the affidavit is not a forgery and was made by him voluntarily and of his own free will; d. That the Petition for Annulment 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;

3. Facts and other matters admitted by the parties a. That Petitioner Beth B. Loggins and Respondent Jack A. Collins met in St. Andrews Field National High School in June 2007 where Respondent was then a math professor assigned to the fourth year level, while Petitioner was then his student; b. That immediately after graduation, Petitioner and Respondent married in civil rights at Makati City on July 1, 2008 before Judge Richard Von L. De Castro of RTC Branch 173 of Makati City; c. That at the time of the marriage, Respondent was twenty-six (26) years old, while Petitioner was eighteen (18) years old;

4. Issues to be tried a. Respondent submits that the following issues put forward by Petitioner are subject to proof: i. That Plaintiff and Respondent forged the signatures of Spouses Loggins; b. Respondent submits that the following issues he put forward are subject to proof: i. That Petitioner has no legal capacity to file the Petition for Annulment of Marriage; ii. That the petition states no cause of action; iii. Respondents entitlement to the amount of one hundred thousand pesos (P100,000.00) claimed as moral damages; iv. Respondents entitlement to other damages.

5. Evidence a. Respondent intends to present the following witnesses: i. Civil Registrar Josh Angustia, the Local Civil Registrar of Makati who issued Marriage License No. 456728 on June 15, 2008, to establish that Alberto Y. Loggins gave his consent, properly manifested in writing in the form of an affidavit; (JOSH, please make AFFIDAVIT for this. See Art. 14 & 16 of Family Code; par. 5 of Complaint; par. 4&6 of our Answer. Imbento ka na. Read

the whole complaint and whole answer so you wont get carried away sa kaka imbento.) ii. Judge Richard Von L. De Castro of Makati RTC Branch 173, to establish the voluntariness of the execution of the marriage, and the presence of Alberto Y. Loggins and his lack of objection; (PAUL, please make AFFIDAVIT for this. See par. 6 of Complaint, par. 5 of Answer. Imbento ka na. Read the whole complaint and whole answer so you wont get carried away sa kaka imbento.) iii. Karla Loggins-Rocas, Petitioners sister, to establish that she attended the marriage ceremony which took place on July 1, 2008, and that she was with Alberto Y. Loggins; (OLIVE, please make AFFIDAVIT for this. Read the whole complaint and whole answer so you wont get carried away sa kaka imbento.) b. Petitioner intends to present the following documentary evidence: i. Alberto Y. Loggins affidavit dated June 4, 2008; (we have this na) ii. Application for marriage license of Petitioner and Respondent dated June 5, 2008; (we have this na) iii. Petitioners birth certificate to prove her age at the time of the filing of her Petition (JUNJUN, she has to be 20 at the time she filed the petition and up to now. Check the complaint nlng. Read the whole complaint and whole answer so you wont get carried away sa kaka imbento.) iv. CID, dagdag ka pa ng documentary evidence please. I dont know what else we can show.

6. Resort to Discovery a. Considering the relatively simple issues presented, Respondent does not intend to avail of discovery at this time. b. Subject, however, to a concrete and reasonable request for discovery from Petitioner, Respondent reserves the right to resort to discovery before trial. 7. Available Trial Dates a. December 2010-January 2011, at any day convenient.

RESPECTFULLY SUBMITTED. Makati, January 2, 2011. ANGUSTIA, BALDAGO, GARCIA, MALLILLIN & MANALOTO Counsel for the Respondent 1 Rockwell Drive, Rockwell Center Makati City 0919-2346287

By: ATTY. KATHRYN M. MANALOTO IBP OR No. 1234567, 11-22-10 for CY 2010, Makati City PTR-MKT 7654321, 22-11-10, Makati City MCLE III-No. 91186/ 11/15/2010/Makati City Roll No. 51387

Copy furnished: ATTY. MARIA LUISA ISABEL L. ROSALES Counsel for Petitioner Rosales, Arabia, Domingo, Ingles, Tan Law Offices 24 Rockwell Drive, Makati City Atty. Jhoanna Corona Notary Public for Makati City Commission No. 1233222 Issued on 012710 until 123110 IBP Lifetime No. 64553/Makati City/073007 PTR No. 75345/Makati City/022710