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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 143, MAKATI CITY

ERIC C. CONSUNJI
Petitioner,

- versus - Case No. 8600


For: Nullity of Marriage under
Art. 36 of the Family Code

KIMMY I. DORA.
Respondent.

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PETITIONERS PRE-TRIAL BRIEF

Petition, by counsel, in compliance with the Notice of Pre-Trial Conference


dated August 29, 2017, respectfully states:

I. WILLINGNESS TO ENTER INTO AMICABLE


SETTLEMENT

1 Petitioner is open and willing to enter into an amicable settlement with


herein defendant on such terms that are just and reasonable.

II. SUMMARY OF ADMITTED FACTS AND PROPOSED


STIPULATION OF FACTS
2 The following are the admitted facts based on the Petition dated August 22,
2017 and defendants Answer dated August 28, 2017:
2.1 The marriage of the petitioner and the respondent (Petition, par. 2 and
Answer, par. 1).
2.2 Petitioner and respondent met on October 1992 (Answer, par. 2).
2.3 Respondent was confined to the Droga foundation (Petitioner, par. 10
and Answer, par. 3).
2.4 Respondent and the couples children received support from 2011
onwards (Petitioner, par. 13 and Answer, par. 5).
2.5 Respondent preferred to be away from the Petitioner. She was shutting
herself off from him and her responsibilities as a mother and a partner
(Petition, par. 7).
2.6 Respondents alcohol and substance abuse led to her confinement in a
drug rehabilitation center. (Petition, par. 10).
2.7 In 2011, respondents actions caused petitioner to leave the family home
(Petition, par. 12).
2.8 Mrs. Maria provides for parental love and affection to the parties
children (Petition, par. 14 and Answer, par. 6(f)).
2.9 Dr. Cenzon conducted a psychiatric report for both petitioner and
respondent (Petition, par. 15 and Answer, par. 7).
2.10 Carolina Alejo conducted a social case study report about the marriage
of petitioner and respondent (Petition, par. 16 and Answer, par. 8).

3 The following are the proposed stipulation of facts:

3.1 The payment slips and work orders show that Respondent was employed
as a night worker;
3.2 The psychological report establishes Respondents anti-social
personality disorder and narcissistic personality.
3.3 The billing statement and receipts from the Droga Foundation show that
Respondent was confined in the foundation before and during their
marriage.
3.4 The medico-legal report conducted by Dr. Villanueva and the Order of
Dismissal of the Parricide case shows how petitioner was stabbed by the
respondent.
3.5 The police blotter reported by Marvin Magdangal shows the indifferent
attitude of respondent over the deaths of the victims.
3.6 The passbook entries show that Petitioner has been consistent in
providing support for the Respondent and their children in amount of
two hundred thousand pesos (Php 200,000) per month
3.7 The case study establishes the improbability of reconciliation between the
spouses and the recommendation for nullity of marriage.

III. ISSUE

4 Petitioner proposes the following factual and legal issues for resolution:
4.1 Whether or not respondent is psychologically incapacitated.
4.2 Whether or not the petition for nullity of marriage may prosper in
accordance with Art. 36 of the Family Code and the Molina doctrine
based on the respondents psychological incapacity.

IV. DISCOVERY PROCEDURE


5 Petitioner intends to avail of discovery procedures allowed under the 1997
Rules of Civil Procedure.

V. EVIDENCE FOR MARKING


6 Petitioner will present the following documentary/object evidence:

Dates Objective/ Purpose


Exhibit A March 17, 1993 Condominium To establish that
Certificate of Title the petitioner and
of the Makati the respondent
Condominium cohabited in a
Makati
Condominium
from 1993 to 2005
Exhibit B Jan. 20, 2005 Marriage To establish that
Certificate Eric and Kimmy
are married
Exhibit C June 2, 1991 Billing Statement To establish that
issued by Droga the respondent
Foundation before was confined in
the petitioner and Droga Foundation
the respondent met before the
petitioner and the
respondent met
Exhibit C-1 June 2, 1991 Receipt issued by To establish that
Droga Foundation the respondent
before the was confined in
petitioner and the Droga Foundation
respondent met before the
petitioner and the
respondent met
Exhibit D Sept. 11, 2009 Billing Statement To establish that
issued by Droga the respondent
Foundation during was confined once
marriage again in Droga
Foundation during
marriage
Exhibit D-1 Sept. 11, 2009 Receipt issued by To establish that
Droga Foundation the respondent
during Marriage was confined once
again in Droga
Foundation during
marriage
Exhibit E Aug 16, 2012 Order of Dismissal To establish that
of the Attempted the Attempted
Parricide Case Parricide Case
against the
respondent was
dismissed pursuant
to the Affidavit of
Desistance filed
by the petitioner
Exhibit F March 3, 2012 Kasunduan To establish that
the petitioner
shouldered the
settlement money
for the families of
the victims
Exhibit G June 2011 to June Passbook Entries To establish that
2012 the petitioner
increased the
amount of his
support from
P100,000 to
P200,000
Exhibit H June 2, 1991 Progress Report To establish that
issued by Droga this was used as
Foundation before basis for the
the petitioner and Assessment
the respondent met Report of Dr.
Cenzon on the
psychological
incapacity of the
respondent
Exhibit I Sept. 11, 2009 Progress Report To establish that
issued by Droga this was used as
Foundation during basis for the
marriage Assessment
Report of Dr.
Cenzon on the
psychological
incapacity of the
respondent
Exhibit J Jan. 28, 2017 Assessment To establish that
Report of Dr. Kimmy Consunji
Cenzon is unable to fulfill
her marital duties
due to personality
disorder before her
marriage to Eric
Consunji
Exhibit K April 4, 2017 Report of Ms. To establish that
Alejo reconciliation
between the
spouses is
impossible and
that the nullity of
their marriage is
recommended
Exhibit L June 30, 1991 Payment Slip To establish an
employer-
employee
relationship
Exhibit M-1, 2, 3, Aug. 15, 1991 Subsequent To establish an
4, 5, 6 (Random Aug. 30, 1991 Payment Slips employer-
dates until Dec. Sept. 15, 1991 employee
1990) Sept. 30, 1991 relationship
Oct. 15, 1991
Oct. 10, 1991
Exhibit N Oct. 28, 1991 Work Memos To establish
(Salary Deduction) respondents
(within 6 mos.) demeanor prior to
the marriage and
meeting petitioner.
Exhibit N-1 Sept. 23, 1991 Work Memo To establish
(Suspension) respondents
(within 6 mos.) demeanor prior to
the marriage and
meeting petitioner.
Exhibit O Jan. 20, 1987 Letter for To show
Honorable respondents
Dismissal voluntary act of
dropping out of
school.
Exhibit P 2000 Class Photo of To establish that
Roxanne Orange Kim was
the class advisor
of Roxanne in
Miriam College
Grade School for
School Year 2000-
2001.
Exhibit P-1 2005 Class Photo of Joy To establish that
Orange Kim was
the class advisor
of Joy in Miriam
College Grade
School for School
Year 2005-2006..
Exhibit Q May 15, 2012 Condo Payment To establish
Utility Bill defendants failure
to pay the utility
bills despite the
monetary support
given by Petitioner
and act of letting
Eric answer for all
her unpaid
obligations.

Exhibit R June 14, 2012 Receipt for To establish


Payment of Utility defendants act of
Bill letting Eric answer
for the unpaid
utility bills.

Exhibit R-1 April 22, 2012 Notice to Pay To establish


Utility Bill defendants failure
to pay the utility
bills despite the
sufficient notice
and demand.

Exhibit S Aug. 17, 2017 Payment Slip for To show that the
DSWD case study
conducted by Ms.
Alejo was coursed
through the
DSWD, a
reputable
government
institution.
Exhibit T Medico Legal To show that Eric
Certificate for was gravely
Stab Wound injured by
Kimmys attack
and parricide
attempt
Exhibit U March 3, 2012 Police Blotter for To show
Accident respondent being a
party to an
accident due to
reckless driving
under the
influence of
alcohol.
Exhibit V Aug. 3, 2012 Medico-Legal To show that
Certificate for Kimmy had
Accident severely impaired
facilities at the
time of the driving
accident.
Exhibit W June 23, 2010 OR/CR and Car To establish Eric
Registration of as the owner of the
BMW car
Exhibit X March 9, 2013 Mortgage To establish the
Agreement measly amount
Kimmy mortgaged
the car for
Exhibit Y March 9, 2013 Withdrawal Slip To establish that
Php 65,000 was
indeed withdrawn
from Jose Ignatius
Exhibit Z Deed of Sale (For To show that
Valenzuela Lot) Kimmy Consunji
attempted to sell,
without the
consent of her
husband Eric, a
Valenzuela
Property owned by
the spouses
Exhibit AA May 20, 2011 Pawn Ticket To show that
Receipt defendant pawned
family jewelry
Exhibit BB May 13, 2012 Payment Slip for To show that
Pawn Ticket Petitioner paid for
the pawn debt
contracted by
Kimmy

7 Petitioner reserves his right to present (a) the foregoing documents for
purposes other than those state above; and (b) other relevant documents not
presently available or as may be necessary in the course of the trial.

VI. WITNESSES
8 Plaintiff will present the following witnesses:

Witness Purpose of Testimony

Eric Consunji (petitioner) To establish the psychological


incapacity of the respondent before,
during, and after the celebration of
marriage
Maria (Housekeeper) To establish the lack of Kimmys care
and affection towards the children.
Jen Santos - Droga Foundation To establish how Kimmy has been in
(Before and During) rehabilitation before and during the
marriage of the parties.
Dan Barcino (Bar Manager) To establish Kimmys behavior and
demeanor prior to her meeting Eric.
School Administrator (HS Drop out) To establish the fact of Kimmys
dropping out of school.
Joel Dora (Kimmys father) To establish Kimmys demeanor
during her youth.
Orange Kim (class adviser of To establish that the respondent never
Roxanne in Miriam College Grade went to fetch Roxanne and Joy, and
School for School Year 2000-2001, never attended their parent-teacher
and class adviser of Joy in Miriam conferences.
College Grade School for School Year
2005-2006)
Bianca Mendez (Condo Corp) To establish the sufficiency of support
provided by Petitioner.
Dr. Cenzon To establish the existence of
respondents psychiatric disorder
existing before and during the
marriage.
Ms Alejo To establish the existence of
respondents drug dependence and
psychological problems.
Dr. Rama (Stab Wound) Medico- To establish the existence of
Legal Cetificate respondents violent tendencies as a
manifestation of respondents
psychological disorder.
Marvin Magdangal (Police Blotter for To identify the police blotter report
Accident) and narrate the attitude of Kimmy
over the incident.
Dr. Villanueva (For accident) To establish the existence of the
accident between respondents and the
victims of the case.
Jose Ignatius (BMW Mortgagee) To establish the constant disregard

Mark Garcia (Forged Deed of Sale) To establish that Kimmy Consunji


tried to sell their Valenzuela property
without the consent of Eric Consunji,
at a much lower price than what the
property is actually worth
Martin De Castro (Pawnshop)

9 Petitioner hereby specifically reserves the right to present additional


witness as may be necessary in the course of the trial.

VII. TRIAL DATES


10 Plaintiff proposes that the trial dates be set on Mondays.

RESPECTFULLY SUBMITTED

Makati City, September 3, 2010.

ATTY. CHRIS EVANDER CO


PUNONG PUNO LAW OFFICE
Counsel for Petitioner
8 Rockwell, 8 Rockwell Drive,
Rockwell Center, Makati
PTR NO. 123457; 1/29/2019; Makati City
IBP NO. 123457; 1/29/2019: Makati City
Roll of Attorneys No. 123457
MCLE Compliance No. III-1234567

Copy furnished:

ATTY. HANNAH DIMAANDAL