Вы находитесь на странице: 1из 4

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
duties required in marriage; it must be rooted in
the history of the party antedating the marriage,
although the overt manifestations may emerge
only after the marriage; and it must be incurable
or, even if it were otherwise, the cure would be
beyond the means of the party involved x x x.
c. That the Complaint seeking for Declaration on 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, thus

1|Page

failure to comply with the requirements enumerated x x x


may be a ground for immediate dismissal of the petition.;

II. POSSIBILITY OF AMICABLE SETTLEMENT


a. 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
b. Defendant 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.

III. STIPULATION OF FACTS

IV. STATEMENT OF THE ISSUE


a. Defendant respectfully submits that the issues on this case are:
i. Whether or not the allegations made by the Plaintiff are
sufficient grounds to conclude that Defendant is
psychologically incapacitated to comply with his marital
obligations.
ii. Whether or not there is basis to nullify the plaintiffs marriage
with the defendant on the ground of psychological incapacity
to comply with the essential marital obligations.

V. Documentary Evidence.
Exhibit

Purpose

VI.Testimonial Evidence.
Witness

Substance of Testimony

2|Page

VII. APPLICABLE LAWS AND JURISPRUDENCE


a. Supreme Court A.M. No. 02-11-10-SC
b. Supreme Court A.M. No. 01-7-01-SC
c. Provisions of the Family Code
i. Article 36 of the Family Code
ii. Article 55 of the Family Code
iii. Other provisions applicable.
d. Supreme Court Decision, viz:
i. Republic of the Philippines vs. Court of Appeals and
Roridel Plaviano Molina, G.R. No. 108763, February
13, 1997
ii. Leouel Santos vs. The Honorable Court of Appeals and
Julia Rosario Bedia-Santos, G.R. No. 112019, January
4, 1995
iii. Republic of the Philippines vs. Cesar Encelan, G.R. No.
170022, Jan 9, 2013
iv. Valerio E. Kalaw vs. Ma. Ellena Fernandez, G.R. No.
166357, September 19, 2011
v. Enrique Agraviador y Alunan vs. Erlinda AmparoAgraviador and Republic of the Philippines, G.R. No.
170729, December 8, 2010
vi. Republic of the Philippines vs. Crasus L. Iyoy, G.R. No.
152577, September 21, 2005
VIII. Resort to Discovery Procedure
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.

3|Page

IX. Amendment of Answer


Defendant does not intend to further amend his answer.
X. AVAILABLE TRIAL DATES
The undersigned counsel is available for trial on any date from
December 2014 to February 2015, at any day convenient. The
undersigned counsel also respects the calendar of this Honorable
Court and agrees to other dates that may be set during the pre-trial as
may be convenient to the counsel for the defendant and the
Honorable Court.

RESPECTFULLY SUBMITTED.
Bacolod, November 25, 2014.

A.TYANS AND J. MORTIME


LAW OFFICES
Counsel for the Defendant
2nd Floor V & A Building
Lacson Street, 6100 Bacolod City

ATTY. GIBIT A. TYANS


Roll of Attorney No. 906112
IBP No. 240906Bacolod City-April 3, 2010
PTR No. 958305Bacolod CityApril 3, 2010
MCLE Compliance No.: EXEMPTED
Copy furnished:
.
Counsel for the Plaintiff
GF Prudential Life Bldg, Bacolod City

4|Page

Вам также может понравиться