REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Fourth Judicial Region
________
TANAUAN CITY BATANGAS

_____________________________
Petitioner,

- versus - CIVIL/SP CASE NO. _______________

For: Declaration of Nullity of Marriage
Under Article 36 of the Family Code of
the Philippines

___________________________
Respondent,

x----------------------x

PRE-TRIAL BRIEF

PETITIONER by the undersigned counsel and unto this Honorable Court

most respectfully states:

STATEMENT OF THE FACTS AND OF THE CASE

This is an action for Declaration of Nullity of Marriage under Articles 36

& 68 of the New Family Code.

Petitioner alleges in his Petition, viz: a) that petitioner and respondent

are husband and wife; b) that respondent is clinically found to be
psychologically incapacitated to comply with the essential requisites of
marriage identified as Borderline Disorder or Emotionally Unstable Personality
Disorder; c) that the root cause of such illness is traced from her childhood; d)
such illness is diagnosed to be grave and incurable; e) that such illness existed
prior to the marriage and became apparent at the time of the marriage.

Petitioner likewise alleges that their de-facto separation culminated from

petitioner’s frustration of respondent’s abusive and manipulative conduct,
immaturity, intense mood swings and impulsive behaviors. That such disorder
of the respondent has rendered her truly incognitive of the basic marital
covenants that concomitantly must be assumed and discharged by her to the
marriage as expressed in Article 68 of the Family Code. Indeed the respondent
failed to give love, emotional support and fidelity to the marriage.
 PROPOSED STIPULATION OF FACTS

1. The identity of parties as petitioner and respondent;

2. The fact of marriage, parties having been married on January 21, 1991 ;
3. The no property was acquired by both spouses; and,
4. Their de-facto separation and the absence of cohabitation between the
spouses.

LIST OF DOCUMENTARY EVIDENCE

1. Marriage Contract - Exhibit "A"

2. Judicial Affidavit of Dr. Lualhati Cruz - Exhibit "B"
03.The Psychological Evaluaion - Exhibit "C”

ABSTRACT OF TESTIMONIES

Petitioner will be testifying on the allegations in the Petition and will

present documentary evidence.

The Clinical Psychologist who will testify on the psychological

evaluation done on both the petitioner and respondent.

NUMBER OF WITNESSES TO BE PRESENTED

Petitioner and at least two (2) witnesses.

ADMISSIONS

Outside of the matters alleged, petitioner is not inclined to admit further

matters.

APPLICABLE LAWS AND JURISPRUDENCE

Provisions on the Family Code.

ISSUES

Whether or not respondent is psychologically incapacitated to comply

with the essential requisites of marriage which is a valid ground under Art. 36
of the New Family Code to declare the marriage a nullity.
 AVAILABILITY FOR TRIAL

Counsel will be available for trial on dates convenient with this

Honorable Court.

Respectfully Submitted:

__________________._________________

_________________________
Counsel for Petitioner
Attorney’s Roll No. 73510
PTR No. 9296540
IBP No. 12905789
15-B Yakal St. Project 3
Quezon City, Metro Manila

Copy furnished: (By Registered Mail)

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Vill.,
Makati City

EXPLANATION

Pursuant to the Provision of Rule 13, Section 11 of the 1997 Rules in

Civil Procedure as Amended, undersigned submits this Explanation that the
service of this Pre- Trial was to Office of the Solicitor General by Registered
Mail instead of personal serve in view of lack of manpower.