REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Makati City
Branch 158

ERIC C. CONSUNJI
Petitioner,

-versus- Civil Case No. 123-45

FOR: Declaration of
KIMMY D. CONSUNJI Nullity with Demand for
Respondent. Support Pendente Lite

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PRE-TRIAL BRIEF

Respondent, KIMMY D. CONSUNJI, represented by CHAN,

DIMAANDAL AND ASSOCIATES LAW OFFICE, and in compliance
with the Order of this Honorable Court dated 03 September 2017,
respectfully submits her Pre-Trial Brief, to wit:

I.
RESPONDENT’S POSITION ON THE POSSIBILITY OF A
COMPROMISE SETTLEMENT

1. Respondent is willing to enter into an amicable settlement and/or

alternative modes of dispute resolution with the Petitioner on such terms as
may be subsequently agreed upon by the parties.

II.
ADMITTED FACTS

2. Petitioner Eric C. Consunji is a Filipino citizen, of legal age, and a

resident of Unit 810 Rockwell Condominium in Makati City.

3. Respondent Kimmy D. Consunji is a Filipino citizen, of legal age,

and a resident of 24 Butterfly St. Farm Subdivision in Quezon City.

4. Eric and Kimmy first met in Caloocan City sometime in October

1992. Both were then residents of Kintex Condominium in Caloocan.

5. A sexual relationship between Eric and Kimmy developed and

resulted in the pregnancy of Kimmy.

6. Roxanne D. Consunji was born out of wedlock on 19 April 2000.

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 7. Eric and Kimmy are husband and wife, having been legally married
on 20 January 2005 at the Regional Trial Court of Makati City.

8. Maxim D. Consunji, Kimmy’s son from a previous relationship,

was legally adopted by Eric in 2005, after the celebration of their marriage.

9. Joy D. Consunji was born on 20 August 2007.

10. Jaya D. Consunji was born on 20 March 2009.

11. Kimmy was admitted to Droga Foundation, a drug rehabilitation

center.

12. Kimmy pawned some of the jewelry belonging to the community

property.

13. Kimmy receives an allowance in the amount of P100,000 from

Eric as financial support for her and their children.

14. The support furnished was later increased to a monthly amount of

P200,000.

III.
PROPOSED STIPULATION OF FACTS

15. In 1996, Kimmy offered Eric to live with her and her son, Maxim
after Eric ceased to be the manager of Kintex Condominium and was asked
to vacate his unit therein.

16. Eric and Kimmy started cohabiting in 1996 and a sexual

relationship soon developed between them. Out of this relationship came the
birth of their first daughter, Roxanne.

17. Petitioner and respondent later celebrated their marriage on

January 20, 2005 in the Regional Trial Court of Makati.

18. To accommodate their growing family, the spouses decided to

move to a condominium in Makati City in 2010.

19. It was in their Makati home where signs of Eric’s infidelity began
to surface. One day while Kimmy was cleaning the house, she came across a
nude photo of a woman inserted in one of the books in the home library.

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 20. The woman in the photo was later confirmed to be Dr. Shirley
Cenzon, the psychologist who prepared the psychiatric evaluation of Kimmy
pronouncing her to be psychologically incapacitated.

21. Confronting Eric about the woman in the photo only managed to
trigger his propensity for aggression and violence. Kimmy was unable to
fend off Eric’s rage, leaving her bruised and battered.

22. Kimmy brought herself to the hospital to treat the wounds and
bruises she suffered at the hands of her husband.

23. The severity of the couple’s problems led Kimmy to become

dependent on alcohol. Recognizing the importance of her role as a mother
and a wife, she voluntarily admitted herself in Droga Foundation in a sincere
attempt to get clean.

24. After Kimmy’s release a few months later, the spouses moved the
family to a house in Quezon City in an attempt to start their relationship
anew, but the same proved futile.

25. Eric moved out in 2011 to reside in their previous Makati

condominium with his mistress, Dr. Shirley Cenzon.

26. Due to the insufficiency of the monthly allowance furnished to

Kimmy, and her prioritizing the education and care of her children, she
failed to pay utility dues.

27. Electricity and water in the Quezon city house was cut in the
month of July 2017.

IV.
STATEMENT OF ISSUES

1. Whether or not Kimmy is psychologically incapacitated to perform

her essential marital obligations as provided in the Family Code.

2. Whether or not the findings of Dr. Shirley Cenzon may be admitted

in evidence in view of her personal circumstances.

V.
WITNESSES TO BE PRESENTED

In lieu of the direct testimony of the witnesses for the Respondent, the
judicial affidavits of the following shall be submitted:

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 1. Kimmy D. Consunji, testifying on the true circumstances
leading up to the filing of the Petition for Declaration of Nullity of
Marriage of petitioner and respondent;

2. Maxim D. Consunji, testifying to prove that respondent is not

psychologically incapacitated to fulfill her marital and parental
obligations.

3. Roxanne D. Consunji, testifying to prove that Kimmy is not

psychologically incapacitated to fulfill her marital and parental
obligations.

4. Joy D. Consunji, testifying to prove that Kimmy is not

psychologically incapacitated to fulfill her marital and parental
obligations.

5. Sansa D. Star, the neighbor of Eric and Kimmy in Farm

Subdivision, Quezon City, testifying to prove that Kimmy is not
psychologically incapacitated to fulfill her marital and parental
obligations.

6. Maria C. Reyes, the house helper of the Consunji family,

testifying:
(1) to prove that respondent is not psychologically incapacitated
to fulfill her marital and parental obligations;
(2) to establish that respondent has been taking care of their
kids since petitioner left the family; and
(3) to show that petitioner has been violent towards respondent.

7. Jane D. Healer, an attending nurse in Medical City, Pasig City,

testifying to prove that Eric was brought to the hospital on multiple
occasions by Kimmy.

8. Bea T. Ritz, an attending nurse in Cardinal Santos Hospital,

San Juan City, testifying to prove that Eric was brought to the hospital
by Kimmy.

9. Brienne of Tarth, neighbor of Eric and Kimmy in Rockwell

Condominium, Makati City, testifying to prove that petitioner became
violent towards Kimmy.

10. Reservation of additional witnesses, if any.

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 VI.
DOCUMENTS/EXHIBITS TO BE PRESENTED

Exhibit Document/Purpose
A Psychiatric Evaluation executed by Dr. Shirley Cenzon,
a psychiatrist, for petitioner Eric C. Consunji and
respondent Kimmy D. Consunji

Purpose: To set forth the contents of the document and

deny its due execution and genuiness
B Affidavit executed by Ms. Carolina Alejo, a licensed
social worker

Purpose: To set forth the contents of the document and

deny its due execution and genuiness
C Condominium Certificate of Title No. 123-045 for
condominium unit in City of Caloocan

Purpose: To prove Kimmy’s ownership over the

Caloocan property.
D Certificate of Live Birth of Roxanne D. Consunji

Purpose: To prove the birth and filiation of Roxanne D.

Consunji.
E Certificate of Marriage of petitioner Eric C. Consunji
and respondent Kimmy D. Consunji

Purpose: To prove the fact and date of marriage of

petitioner Eric C. Consunji and respondent Kimmy D.
Consunji.
F Court Resolution on Special Proceeding No. 6547,
approving petitioner Eric C. Consunji’s petition to adopt
Maxim D. Consunji

Purpose: To prove the legal adoption of Maxim D.

Consunji by Eric C. Consunji.
G Certificate of Live Birth of Joy D. Consunji

Purpose: To prove the birth and filiation of Joy D.

Consunji.
H Certificate of Live Birth of Jaya D. Consunji

Purpose: To prove the birth and filiation of Jaya D.

Consunji.

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I Condominium Certificate of Title No. 123-045 for
condominium unit in City of Makati

Purpose: To prove ownership over the Makati property

by the Sps. Consunji.
J Nude photo of Dr. Shirley Cenzon

Purpose: To prove the presence of a nude photo of Dr.

Shirley Cenzon in the possession of Eric C. Consunji.
K Official Receipt for payment of medical expenses
incurred by Kimmy D. Consunji issued on 13 October
2008 by the Medical City.

Purpose: To prove the payment of hospital expenses

incurred during the Emergency Room visit of Kimmy D.
Consunji.
L1 Medical Certificate of respondent Kimmy D. Consunji
issued by Medical City dated 13 October 2008

Purpose: To prove the findings of the Emergency Room

as to the medical condition of Kimmy D. Consunji.
L2 Photo of respondent Kimmy D. Consunji’s bruises

Purpose: To prove the injury sustained by Kimmy D.

Consunji.
M Monthly Progress Report executed by Droga Foundation
in favor of respondent Kimmy D. Consunji dated 31
August 2011

Purpose: To prove Kimmy’s progress while undergoing

rehabilitation for alcohol addiction and her demeanor
towards the staff of Droga Foundation.
N Condominium Certificate of Title No. 123-045 for
condominium unit in Quezon City

Purpose: To prove ownership over the Quezon City

property by the Sps. Consunji.
O1 Official Receipt for the payment of hospital expenses
incurred by Eric C. Consunji issued on 16 November
2009 by the Medical City.

Purpose: To prove the hospitalization of Eric C.

Consunji and payment by Kimmy D. Consunji.
O2 Official Receipt for the payment of hospital expenses
incurred by Eric C. Consunji issued on 18 February
2010 by the Medical City.

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 Purpose: To prove the hospitalization of Eric C.
Consunji and payment by Kimmy D. Consunji.
O3 Official Receipt for the payment of hospital expenses
incurred by Eric C. Consunji issued on 18 February
2010 by Cardinal Santos Hospital.

Purpose: To prove the hospitalization of Eric C.

Consunji and payment by Kimmy D. Consunji.
P1 Medical Certificate of petitioner Eric C. Consunji issued
by Medical City dated 21 June 2009

Purpose: To prove the medical condition of Eric C.

Consunji.
P2 Medical Certificate of petitioner Eric C. Consunji issued
by Medical City dated 16 November 2009

Purpose: To prove the medical condition of Eric C.

Consunji.
P3 Medical Certificate of petitioner Eric C. Consunji issued
by Medical City dated 18 February 2010

Purpose: To prove the medical condition of Eric C.

Consunji.
Q1 Receipt of grocery expenses issued by Puregold
Supermarket dated 5 August 2016

Purpose: To prove the purchase and payment of grocery

items by Kimmy D. Consunji.
Q2 Receipt of grocery expenses issued by Puregold
Supermarket dated June 2017

Purpose: To prove the purchase and payment of grocery

items by Kimmy D. Consunji.
Q3 Receipt of grocery expenses issued by Puregold
Supermarket dated 2 July 2017

Purpose: To prove the purchase and payment of grocery

items by Kimmy D. Consunji.
Q4 Tuition fee receipt of Maxim D. Consunji issued by the
Ateneo de Manila University dated 12 October 2010

Purpose: To prove the amount and the payment of the

tuition fee of Maxim D. Consunji by Kimmy D.
Consunji.

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Q5 Tuition fee receipt of Roxanne D. Consunji issued by
Miriam College dated 12 October 2010

Purpose: To prove the amount and the payment of the

tuition fee of Roxanne D. Consunji by Kimmy D.
Consunji.
Q6 Tuition fee receipt of Joy D. Consunji issued by Miriam
College dated 12 October 2010

Purpose: To prove the amount and the payment of the

tuition fee of Joy D. Consunji by Kimmy D. Consunji.
Q7 Utility (electricity) Billing Statement issued by
MERALCO dated 26 July 2017

Purpose: To show the amount due for the electricity

supply.
Q8 Disconnection Notice from MERALCO dated 30 July
2017

Purpose: To prove that their electricity was cut due to

insufficient support from Eric
Q9 Utility (water) Billing Statement issued by MAYNILAD
dated 13 February 2012

Purpose: To show the amount due for the water supply.

Q10 Receipt of hospital expenses of Jaya D. Consunji issued
by Philippine Children’s Medical Center dated 03 June
2017

Purpose: To prove the hospitalization of Jaya D.

Consunji and payment by Kimmy D. Consunji.
Q11 Receipt of hospital expenses of Jaya D. Consunji issued
by Philippine Children’s Medical Center dated 10 June
2017

Purpose: To prove the hospitalization of Jaya D.

Consunji and payment by Kimmy D. Consunji.
Q12 Receipt of hospital expenses of Jaya D. Consunji issued
by Philippine Children’s Medical Center dated 17 June
2017

Purpose: To prove the hospitalization of Jaya D.

Consunji and payment by Kimmy D. Consunji.
Q13 Receipt of hospital expenses of Jaya D. Consunji issued
by Philippine Children’s Medical Center dated 23 June
2017

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 Purpose: To prove the hospitalization of Jaya D.
Consunji and payment by Kimmy D. Consunji.
Q14 Receipt of hospital expenses of Jaya D. Consunji issued
by Philippine Children’s Medical Center dated 30 June
2017

Purpose: To prove the hospitalization of Jaya D.

Consunji and payment by Kimmy D. Consunji.
R Passbook of respondent Kimmy D. Consunji, issued
Bank of Philippine Islands dated 29 August 2012

Purpose: To prove the balance of funds remaining the

bank account of Kimmy D. Consunji.
S Pawnshop receipt

Purpose: To prove that Kimmy pawned some jewelry as

collateral for a loan in her favor.
T Public Photos of Eric Consunji and Dr. Shirley Cenzon

Purpose: To show that Eric Consunji and Dr. Shirley

Cenzone have intimate knowledge of each other and are
always together in numerous occasions.

Respondent reserves the right to present the originals of the above

exhibits, and other documentary exhibits as may be necessary in the course
of the proceedings.

VII.
AVAILMENT OF DISCOVERY PROCEDURES OR REFERRAL TO
COMMISSIONERS

Respondent is open and willing to avail of discovery procedures

and/or referral to commissioners.

VIII.
RESERVATION

Respondent respectfully reserves the right to present such additional

documentary and testimonial evidence, as well as the right to cite additional
laws and/or jurisprudence, as may be necessary during the course of the
proceedings.

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 IX.
AVAILABLE TRIAL DATES

The undersigned counsel is available on such trial dates as may be

agreed upon in the pre-trial conference:

September 4, 2017
September 11, 2017
September 18, 2017
September 25, 2017

RESPECTFULLY SUBMITTED.

Makati City, 8 September 2017.

CHAN, DIMAANDAL & ASSOCIATES LAW OFFICE

Counsel for Respondent
Unit 8F 8 Rockwell Rockwell Drive Makati City
Makati City 1200
Tel. No: (632) 731-3244

By:

KEVIN YURI C. CHAN

Roll of Attorneys No. 123456
PTR No. 1234567/ 1-6-2016/ Makati City
IBP No. 456778/ 1-6-2016/ Makati City
MCLE Compliance No. V-01239581/ 5-18-2016

Copy Furnished:

By Personal Service

Atty. Nicole Bianca O. Gruta

PUNONG PUNO LAW OFFICES
Unit 15, Star Arcade, C. V. Starr Avenue
Philamlife Village, Las Pinas City
Tel. Nos. 872-5443; 846-2536

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