Republic of the Philippines

REGIONAL TRIAL COURT

Cagayan de Oro, Branch 40

Rodrigo Roxas, Civil Case No.: 054-121880

Petitioner, For: Declaration of Nullity
of Marriage under Article 36
of the Family Code of the
Philippines
-versus-

Leila de Cinco- Roxas,

Respondent,

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PRE-TRIAL BRIEF OF THE PETITIONER

The Petitioner, represented by the undersigned counsels as her

attorneys-in-law, respectfully submits to this Honorable Court this
Pre-Trial Brief, to wit:

I. POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE

MODES OF DISPUTE RESOLUTION

The Petitioner is not willing to consider any amicable settlement or

undergo alternative modes of dispute resolution with respect to the
primary prayer of this petition.

II. PROPOSED STIPULATION OF FACTS

The Petitioner proposes the following stipulation of facts:

1. Petitioner, a banker employed at SuperRich Savings Bank, met
Respondent, a government worker, at a Pentecostal prayer
meeting sometime in 2015. He was the guest speaker of said
meeting, testifying the incredible experience he had during his
100-day self-imposed silence. Respondent, clearly impressed,
pressured their common friends for a date with Petitioner. The
Petitioner declined.

2. Respondent made several attempts in securing a date with

Petitioner. Petitioner reluctantly accepted Respondents request
for a meeting after the latter showed interest in also embarking
on a 100-day self imposed silence.

3. The meeting took place in the house of the Respondent located

in Nazareth, Cagayan de Oro City. After several hours, the
Respondent seduced the Petitioner into having a one-night
stand with her. The Petitioner at first refused, but then
eventually gave in because, after all, he is just a man.
Petitioner left soon after and never called Respondent.

4. After two months, Petitioner received a call from Respondent

alleging that she became pregnant as a result of their one-night
stand. Respondent forced Petitioner to marry her because her
family threatened to disown her if she gave birth without a
husband. Petitioner, out of guilt and pity, agreed.

5. Petitioner and Respondent were married to each other at the

San Agustin Church in Cagayan de Oro on September 10,
2015 before Monsignor Jejomar Yasay as evidenced by their
Certificate of Marriage dated September 10, 2015. The wedding ceremony
and reception at the Pryce Plaza Hotel were attended by both parties
family and friends.

6. After the marriage ceremony, both parties lived in a rented

condominium unit in Primavera Upper Balulang, Cagayan de
Oro.

7. Petitioner and Respondent did not have a harmonious

relationship due in part of the latters consistent late night
outings with her girl squad. Petitioner contends that
Respondent was a frequent party hopper in the hottest bar in
 town even though she was already five months pregnant with
their unborn child. Petitioner detested Respondents lack of
regard for her health and that of their unborn child.

8. Petitioner also asserts that he caught the Respondent with

several packs of shabu, and learned through a close friend of
the latter, Korina Carpio, that the Respondent was a well-known
designer-drug addict and nymphomaniac. All these were denied
by the Respondent.
9. The Respondent had a miscarriage during the six month period
of her pregnancy. Respondents OB-GYNEs, Dr. Miriam
Antonio-Luna, findings read that the miscarriage was due to
placental abruption resulting to fetal death, a consequence of
Respondents abusive consumption and usage of illegal drugs,
as well as, a very unhealthy lifestyle. When the Petitioner made
it known to the Respondent that he intends to leave her, the
latter attempted to throw herself off the JR Borja Bridge. So the
Petitioner gave the marriage one last chance.

10. During their First Wedding Anniversary, one of their

friends, Benigno Binay, posted a video in Facebook containing
a sex video of Respondent and an unidentified male filmed in
the basement of their conjugal home in Primavera, Upper
Balulang, Cagayan de Oro City. Petitioner was humiliated and
betrayed by Respondents actions, thereby, initiating the
petition for separation. Once again, the Respondent attempted
to hang herself inside the bank where Petitioner works.

11. Petitioner brought her to Dr. Gloria Macapagal-Estrada, a

psychologist, who made a psychological evaluation and
assessment on the Respondent at the request of the Petitioner
and with the knowledge and consent of the former that her
husband would receive a copy of the doctors findings.

12. The psychological evaluation and assessment issued by

Dr. Macapagal-Estrada on October 1, 2016, revealed that the
Respondent is suffering from a Bipolar Disorder,
Nymphomania, Borderline Personality Disorder, and
Narcissistic Personality Disorder. These mental disorders are
serious, incurable, and existing prior to the union between the
two, rendering her incapable of performing the essential marital
obligations, the features of which are (1) manipulative behavior
and takes advantage of others to achieve her needs, (2) blatant
 disregard for her health and that of their unborn child, (3)
insatiable desire to be with different men at the same time, (4)
unwilling to recognize or identify with the feelings and needs of
others, and (5) an overwhelming lack of interest to take
responsibility over her actions.

13. Petitioner left the conjugal home on October 14, 2016.

14. The National Appellate Matrimonial Tribunal of the

Catholic Church released a decision penned by Rev. Fr.
Joseph Binay concerning the union of herein Petitioner and
Respondent on December 28, 2016, stating therein that
Respondents has a complete disregard in performing her
marital obligations failing to provide the Petitioner with the
mutual respect, love, support, care and companionship so
needed between a husband and wife. The said decision goes
on to state that the inability of the Respondent to discharge the
essential obligations of marriage is grave and incurable, as the
acts constituting the same are habitual, persistent, unchanging ,
and of an enduring nature.

III. ISSUES OF THE CASE

The Petitioner proposes the following issues to be tried and resolved

by this Honorable Court:

1. Whether or not the Respondent has failed to comply with the

essential marital obligations as stated in Article 68 of the Family
Code of the Philippines;

2. Whether or not Respondents alleged failure to comply with the

essential marital obligations stated in Article 68 of the Family
Code of the Philippines was due to psychological incapacity
which is grave, serious and incurable and existing prior to and
at the time of the marriage, though only manifesting itself during
their marriage.
 IV. DOCUMENTS TO BE PRESENTED

1. Birth Certificates of Rodrigo Roxas and Leila de Cinco-Roxas.

2. Marriage Certificate between Rodrigo Roxas and Leila de
Cinco-Roxas made on September 10, 2015.
3. Certificate of Employment of Rodrigo Roxas from SuperRich
Savings Bank issued on October 20, 2016.
4. Certificate of Employment of Leila de Cinco-Roxas from the
Department of Justice issued on October 20, 2016.
5. Pre-Natal Records of Leila de Cinco-Roxas made by Dr. Miriam
Antonio-Luna on December 23, 2015. Such records were
obtained by the Petitioner with the consent of the Respondent.
6. Affidavit of the witness, Korina Carpio, as to the background of
the Respondent.
7. Affidavit of the witness, Benigno Binay, as to the authenticity of
the sex video uploaded on Facebook.
8. Psychological Evaluation and Assessment of Leila de Cinco-
Roxas made by Dr. Gloria Macapagal-Estrada on October 1,
2016.
9. Decision of National Appellate Matrimonial Tribunal penned by
Rev. Joseph Binay.

V. NAME OF WITNESSES

1. Rodrigo Roxas- his testimony will provide for further facts

leading to the breakdown of his marriage with Respondent Leila
de Cinco-Roxas. He will also testify as to the truthfulness of his
allegations in his petition.
2. Korina Carpio- close friend of Respondent, will testify as to the
character and behavior of the latter.
3. Benigno Binay- a common friend of both Petitioner and
Respondent, will testify as to the authenticity of the sex video
uploaded on Facebook.
4. Dr. Miriam Antonio-Luna- she will identify to the court the
medical records submitted by the Petitioner.
5. Dr. Gloria Macapagal-Estrada- she will testify as to the
truthfulness of her Psychological Evaluation and Assessment of
Leila de Cinco-Roxas made on October 1, 2016. She will also
testify as to the seriousness and incurability of the
psychological condition of the Respondent, what she believes is
the root cause of such condition and how it has manifested and
greatly affected the union between Rodrigo Roxas and Leila de
Cinco-Roxas.
 VI. AVAILABLE TRAIL DATES

Specifically all Fridays of the month, with the regular appearance

of the undersigned city prosecutors before this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed

unto this Honorable Court that the foregoing Pre-Trial Brief be duly
noted.

RESPECTFULLY SUBMITTED.
Cagayan de Oro City, Misamis Oriental, Philippines, March 10, 2017.

ANGELINA AUDREY DEFENSOR-VENERACION

Counsel for Petitioner
Door 2, Georgetown Mall, Carmen
Cagayan de Oro City
(08822) 724269 or 0917-740-4269
Roll No. 020908 / 05-03-10
PTR No. 051655; 02/02/16
IBP No. 080978; 06-05-10

Copy Furnished:
ATTY. JAYBEE MATOBATO
Counsel for the Respondent
Room 5, Georgetown Mall, Carmen,
Cagayan de Oro City
(08822) 735869; 0916-543-6385

Received By: _________________

Dsate: ______________________