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Republic of the Philippines

Fourth Judicial Region


REGIONAL TRIAL COURT
City of Cabuyao, Branch 108

CHRISTINE M. STO.
DOMINGO-SILVA,
Petitioner,
Civil Case No. B-10377
For: Declaration of Absolute
-versus-
Nullity of Marriage
RONI J. SILVA,
Respondent.
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PETITIONER’S PRE-TRIAL BRIEF

PETITIONER CHRISTINE M. STO. DOMINGO-SILVA


(“Petitioner”), through counsel, and unto this Honorable Court,
respectfully alleges:

A. SUMMARY OF ADMITTED FACTS

Apart from the admissions in the instant Petition, petitioner has


no other admissions.

B. PROPOSED STIPULATION OF FACTS

1. That this Honorable Court has jurisdiction over the case.

2. The identity of the respondent as one indicated in the


petition.

3. That the parties were married on 16 January 2006.

4. That herein parties were married without a marriage


license.

5. That the parties have two children.

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6. That the parties are already separated in -fact.

C. PROPOSED ISSUE

1. Whether or not the marriage between the parties is null


and void for want of a valid marriage license and the lack of
authority of the solemnizing officer, being formal requisites of a valid
marriage.

D. DOCUMENTARY EVIDENCE

Annexes Documents Purposes


“A” Barangay To prove compliance with
Certificate of jurisdictional requirements in
Residency issued filing the instant Petition.
by the Punong
Barangay of
Banlic, Cabuyao,
Laguna
“B” Certified To prove that the parties were
Reproduction of married at Pasay City
the Original of
the Request for
Celebration of
Marriage in a
Place Other than
Those Authorized
by Law issued by
the Office of the
City Registrar of
Pasay City
“C” Certified To prove that the parties did not
Reproduction of obtain a license to contract
the Original of marriage.
the Affidavit of
Marriage
Between Man and
Woman Who
Have Lived
Together as
Husband and
Wife for at Least
Five Years
executed on 16
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January 2006
issued by the
Office of the City
Registrar of Pasay
City
“D” Certification by To prove that there was no
the Pasay City Marriage License issued to the
Local Civil parties prior to their marriage.
Registrar dated
07 July 2017
“E” Certificate of To prove the fact that the parties
Marriage entered into a contract of
marriage.
“F” Certificate of Live To prove that children were born
Birth of Jose from the said marriage.
Rafael S. Silva
“G” Certificate of Live To prove that children were born
Birth of Jaymee from the said marriage.
Regina S. Silva
“H” Certification To prove that the Solemnizing
issued by the Officer of the parties belong to the
Philippine Spiritual Filipino Catholic Church.
Statistics Office
dated 04 April To prove that the sect Spiritual
2018 Filipino Catholic Church is a
religious organization that is
distinct and separate from the
Roman Catholic Church.

Reserved Markings:

Annexes Documents Purposes


“I” Baptismal To prove that Petitioner belongs to
Certificate of the Roman Catholic Church and not
Christine M. Sto. from the Spiritual Filipino Catholic
Domingo-Silva Church.
“J” Baptismal To prove that respondent belongs to
Certificate of the Roman Catholic Church and not
Roni J. Silva from the Spiritual Filipino Catholic
Church.
“K” Judicial Affidavit To attest as to the truthfulness of the
of Petitioner allegations in the Petition;
Christine M. Sto.

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Domingo-Silva To identify pieces of documentary
evidence relative to the case;

To prove that herein parties are


separated-in-fact; and

To prove other matters relevant to


case and to the petition.
“L” Judicial Affidavit To testify as to the truthfulness of
of Marita M. Sto. the material allegations of Petitioner;
Domingo
To identify the baptismal certificate
of Petitioner;

To corroborate the testimony of the


Petitioner; and

To prove other matters relevant to


case and to the Petition.
“M” Judicial Affidavit To testify as to the truthfulness of
of Meeca M. the material allegations of Petitioner;
Mendoza
To corroborate the testimony of the
Petitioner; and

To prove other matters relevant to


case and to the Petition.

Petitioner reserves the right to present additional documentary


evidence during the course of the trial.

E. LIST OF WITNESSES

1. Christine M. Sto. Domingo-Silva;

2. Marita M. Sto. Domingo;

3. Meeca M. Mendoza;

4. The City Civil Registrar of Pasay City, or representative,


and

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5. Editha R. Orcilla, Assistant National Statistician – PSA,
Civil Registration Service Division or any officer therefrom;

Petitioner reserves the right to present additional witnesses in


the course of trial.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed


from this Honorable Court that the instant pre-trial brief be noted.

Petitioner further prays for other just and equitable relief.

LLUZ & PARTNER LAW


Counsel for Petitioner
Unit 301, 3rd Floor, Campos-Rueda Building
101 Urban Avenue, Brgy. Pio del Pilar, Makati City

By:

ARMANDO P. PAREDES
PTR No. 0725688; 09.01.2019; Kawit, Cavite
IBP Life Member No. 06224; 04.01.2007; Cavite
Roll of Attorneys No. 50707
MCLE Compliance No. V-0015427; 09.03.20161
Email: armandparedes@yahoo.com

HOBERT N. LLUZ
PTR No. 7328679; 3 January 2019; Makati City
IBP OR No. 058192; 3 January 2019; RSM
Roll of Attorneys No. 59597
MCLE Compliance No. V–0015439; 9 March 20162

1 Attended the MCLE 6th Compliance on 28-31 March 2019 at the IBP Iloilo
Convention (Certification not yet issued).
2 Attended the MCLE 6th Compliance on 28-31 March 2019 at the IBP Iloilo
Convention (Certification not yet issued).
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Email: hobertlluz@gmail.com

Copy furnished:

RONI J. SILVA
Respondent
160-B M.H. Del Pilar Street, Tuazon Village,
Pamplona, Las Piñas City

OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo St., Legaspi Village
Makati City

OFFICE OF THE CITY PROSECUTOR


City Hall Building
Cabuyao City, Laguna

EXPLANATION

The foregoing Pre-trial Brief is filed before this Honorable


Court and copy furnished to the parties via registered mail and
private courier due to distance and lack of personnel to effect
personal service.

HOBERT N. LLUZ

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