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Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region
Branch 24
Cebu City

HERNAN F. OPINA JR.,


Petitioner
Civil Case No: R-CEB-16-01442-CV
-versus- For: DECLARATION OF NULLITY OF
MARRIAGE

MICHELLE TARAYA
Respondent
x- - - - - - - - - - - - - - - - - - - - - - - - x

DRAFT TERMS OF REFERENCE

COMES NOW, the Petitioner, by the undersigned Counsel most


respectfully submits this Draft Terms of Reference, alleging herein the
following:

1
Summary of Admitted Facts

There being no responsive pleading filed by the respondent or by


anyone at his instance, hence, a summary of admitted facts is rendered
nugatory.

2
Documents and Object Evidence

The documents attached to the judicial affidavits are originals


and faithful copies of their originals.

3
Summary of the cases

a. Petitioner’s:

1. The Petitioner (20 years old) and the Respondent (19 years
old) got married on June 22, 2002;

2. The Petitioner was pregnant at the time of marriage, however


the child died after its premature delivery on October 4, 2002;
3. The Petitioner and the Respondent begot another child
named Jamaica Shane Opina born on April 22, 2004;

4. The marriage turned sour, frequent quarrels ensued due to


financial problems as both parties are dependent for support from the
Petitioner’s Parent;

5. Sometime June 2007, the Respondent abandoned the


Petitioner and the child;

6. The Petitioner did his earnest efforts to contact the


Respondent to no avail, until the Petitioner found out that the Respondent
has a new family, with two children.

4
Factual Issues

To the mind of the Petitioner, there is only one factual issue to be


resolved by this Honorable Court in the extant case, as follows:

Whether the respondent is Psychologically incapacitated to comply


her marital obligations?

5
List of Petitioner’s Witness

The petitioner intends to present during the trial the following


witnesses, to wit:

1) Hernan F. Opina Jr

2) Psychologist Najie B. Responte

3) Jamaica Shane Taraya Opina

6
Legal Issues to be resolved

To the mind of the Petitioner, these are the legal issues to be resolved
by this Honorable Court in the extant case, as follows:

Under the given facts of the case, is the Petitioner entitled to have
his marriage with the respondent judicially declared as a nullity ab
initio pursuant to and as authorised under Art. 36 of the Family Code
of the Philippines?

Whether or not the respondent is liable to share the litigation


expenses prayed for by the Petitoner?
7
Claims and Reliefs Prayed

1. Declaring the marriage null and void from the beginning pursuant
to Article 36 of the Family Code;

2. Ordering the Respondent to share in the litigation expenses by


paying 50,000 for Attorney’s Fees and 50% of the total
litigation cost;

Lapu-Lapu City, Philippines, August 14, 2017

CHING DELIMA JANGAD LAW OFFICES


Counsel for Complainants
Room 201, Mondejar Bldg., City Hall Road,
Pusok, Lapu-Lapu City
E-mail: attynhajcpa@gmail.com
Contact No: 0932-8604187

BY:

ATTY. NOWYN - HOPE A. JANGAD, CPA


Roll of Attorneys No. 62824
IBP O.R. No. 1019991/01-05-2016/Cebu
PTR O.R. No. 5121992/01-04-2016/Lapu-Lapu City
MCLE Compliance No. V-0013440 valid until 2019

Copy furnished:

OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo St., Legaspi Village, Makati City 1229

OFFICE OF THE PROVINCIAL PROSECUTOR


Capitol Compound, Osmeña Blvd., Cebu City