Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 4
Baguio City
MIRABELLE RONDARIS-GARCIA,
Petitioner,
Civil Case No. 1295-FC
For:
Declaration of Nullity of
Marriage Under Article

-versus36 of

the Family Code

ELMER T. GARCIA,
Respondent.
x----------------x
PRE-TRIAL BRIEF
FOR THE PETITIONER
Petitioner, by counsel, to this Honorable Court, most
respectfully submits her Pre-trial brief to wit:
I.

II.

BRIEF STATEMENT OF PETITIONERS CLAIM:

1.

It is the claim of the Petitioner that both the

petitioner and respondent, or either of them
are psychologically incapacitated to carry out
the essential marital obligations;

2.

It is also the claim of the petitioner that this

psychological incapacity afflicting both the
petitioner and respondent, or either of them
was existent even prior to the celebration of
the marriage of the parties and to this day
continues to subsist, and that the said
condition is grave and incurable;

3.

That it is the psychological incapacity of the

petitioner and respondent, or either of them
that prevents them both from performing
their marital obligations to each other.

NUMBER OF WITNESSES TO BE PRESENTED:

The petitioner intends to present four (4)
witnesses namely:

1.
2.
3.
4.
III.

Petitioner herself;
ALVIN NOEL MACARANAS;
ROSARIO FONACIER; and
DR. TERESITA A. HIDALGO-SISON

TENOR OF THE TESTIMONIES OF THE

WITNESSES:
1. The testimonies of the witnesses will basically
revolve around proving the existence of and
manifestations of the psychological incapacity
of the petitioner and the respondent to this
case that was present even before the
celebration of their marriage, so grave and
incurable that prevents them form performing
the essential marital obligations;
2. Other collateral but pertinent matters shall also
be testified to.

IV.

DOCUMENTS TO BE PRESENTED:
1. The marriage certificate of the petitioner and
the respondent as Exhibit A;
2. The Psychiatric Evaluation Report prepared by
psychiatrist TERESITA A. HIDALGO-SISON dated
September 24, 2013 as Exhibit B;
3. The Certificate of Non-property issued by the
City Assessors Office, Baguio City dated April
23, 2014 as Exhibit C;
4. The Resume of Psychiatrist Dr. TERESTIA A.
HIDALGO-SISON as Exhibit D.

V.

ADMISSIONS AND STIPULATIONS:

Petitioner proposes the following stipulations for

admission:
1. That the petitioner and respondent got married on
the 19th day of April, 2002; and
2. That the Petitioner and Respondent have no children.
VI.

ISSUES

Whether or not the marriage of the parties may be

declared null and void under Art. 36 of the Family Code.

VII. APPLICABLE LAWS AND JURISPRUDENCE:

1. The Family Code of the Philippines;
2. The Civil Code of the Philippines;
3. Relevant decisions of the Supreme Court.
VIII. AVAILABLE TRIAL DATES:
Petitioner prays for at least four (4) trial dates to
present her evidence.
Respectfully submitted.
Baguio City, Philippines, May 30, 2014.
STEVEN C. RAROQUE
Counsel for the Petitioner
Rm. 2, 2nd Floor, Luna Apartments,
#17 Naguilian Road, Baguio City
PTR No.:1551000/12-05-13/B.C.
IBP Lifetime Membership No. 715358
Roll No. 52526/ 05-10-06/Manila
MCLE Compliance No.: V-0000165;06/13/13/Manila
Copy furnished:
ELMER T. GARCIA
Respondent
1343 R. Tadeo St.,
Publacion Bustos, Bulacan

Registry Receipt No. 004752

LBC Tracer No. 149121641346

PROS. MARGARITA DE GUZMAN MANALO

Office of the City Prosecutor,
Justice Hall, Baguio City
Office of the Solicitor General,
004753
Osg Bldg., 134 Amorsolo Street
149121641326
Legaspi Village, Makati, City

Registry Receipt No.

LBC Tracer No.

EXPLANATION
Explanation by registered mail: A copy of this
Pleading, together with the attached Judicial
Affidavits
of
Petitioner
MIRABELLE
RONDARISGARCIA, ALVIN NOEL MACARANAS, and ROSARIO
FONACIER was filed in Court furnished the Solicitor General

and the respondent by registered mail, and by private

courier service because of the lack of personnel in the office
and the distance involved.