Script

JUDGE ENTERS
CLERK: The MTCC Branch 1 of Surigao City is now in session. Honorable Judge Jill
Yusikee Diaz presiding. All rise.
JUDGE REACHES BENCH
CLERK: Let us all pray the ecumenical prayer of the court.
ECUMENICAL PRAYER
JUDGE: Call the case.
CLERK: Darwin Ramos versus Denise Ramos. Special Proceeding Number 12345. For:
Petition for Annulment of Marriage. The case is set for Pretrial and
Presentation of Evidence.
JUDGE: Appearances.
PETITIONER: Good afternoon, your Honor. Atty. Edwin B. Villanueva respectfully appearing
for the petitioner. We are ready, your Honor.
RESPONDENT: Good afternoon, your Honor. Atty. Daisy Mae Luinor A. Labastida respectfully
appearing for the respondent. We are ready, your Honor.
JUDGE: Where is the Solicitor General?
PUBLIC PROSECUTOR: Your Honor, respectfully appearing Prosecutor Truce Salvador. I am deputized
by the Solicitor General in representation of the State. I will also submit an
investigation report stating that no collusion exists between the parties.
JUDGE: Let the record show that Prosecutor Salvador, deputized by the Solicitor
General to represent the State, has submitted his investigation report stating
that no collusion exists between the parties. SO ORDERED.
JUDGE: Let us now move on to the stipulation of facts.
Counsel, do you admit that the court has jurisdiction over the person of the
respondent?
RESPONDENT: We admit, your Honor.
JUDGE: Do you admit the identity of the respondent?
RESPONDENT: We admit, your Honor.
JUDGE: Both counsels, do you admit that the court has jurisdiction over the subject
matter of the case?
BOTH: We admit, your Honor.
JUDGE: Was there a proposal for amicable settlement?
PETITIONER: Yes, your Honor. But we could not agree as to the terms.
STIPULATION OF FACTS
JUDGE: Stipulation of facts. Petitioner’s proposal.
xxxxxxxxxxxxxxxxxxxxx
PETITIONER: That is all, your Honor.
JUDGE: Stipulation of facts. Proposal of the Respondent.
RESPONDENT: Do you admit the personal circumstances of the Respondent: that she is a
resident of Purok 6, Brgy. Lipata, Surigao City?
PETITIONER: We admit.
RESPONDENT: Do you admit that the petitioner and respondent were engaged for a period of
one year prior to the celebration of the marriage?
RESPONDENT: Do you admit that the petitioner and respondent were lawfully married on
September 10, 2012?
RESPONDENT: Do you admit that the petitioner and respondent had no sexual congress
before the celebration of the marriage?
PETITIONER: We do not admit.
RESPONDENT: Do you admit that the respondent experienced frequent morning sickness 3
months after the celebration of the marriage?
RESPONDENT: Do you admit that the petitioner and respondent consulted Dr. Miriam
Santiago, a Gynaecologist, who informed them that, at the time of the
consultation, the respondent was 6 months pregnant?
RESPONDENT: Do you admit that the respondent concealed the fact of her pregnancy during
the celebration of the marriage?
PETITIONER: We do not admit.
RESPONDENT: Do you admit that approximately 3 months after the consultation, the
respondent gave birth to a healthy baby boy?
RESPONDENT: That is all, your Honor.
JUDGE:
X X X RESPONDENT’S PROPOSAL X X X
MARKING OF EXHIBITS
JUDGE: The petitioner may proceed with the marking of his exhibits.
PETITIONER’S EXHIBITS

JUDGE: Show your documents to the respondent. Does the respondent admit to the
genuineness and due execution of the following documents: RECAP
RESPONDENT: We admit, your Honor. Subject to cross.
JUDGE: The respondent may now proceed with the marking of his exhibits.
RESPONDENT: We pray that the Answer of the Respondent be marked as Exhibit 1.
JUDGE: Mark it.
RESPONDENT: We pray that the affidavit of Denise Ramos be marked as Exhibit 2.
JUDGE: Mark it.
RESPONDENT: We pray that the Marriage Certificate of the parties which occurred on
September 12, 2012 be marked as Exhibit 3.
JUDGE: Mark it.
RESPONDENT: We pray that the Affidavit of Kaisa Rabi be marked as Exhibit 4.
JUDGE: Mark it.
RESPONDENT: We pray that Pre-natal Card of the Respondent be marked as Exhibit 5.
JUDGE: Mark it.
RESPONDENT: We pray that the Affidavit of Mia Uwaw be marked as Exhibit 6
JUDGE: Mark it.
RESPONDENT: We pray that the Affidavit of Sally Ako be marked as Exhibit 7.
JUDGE: Mark it as directed.
JUDGE: Show your documents to the Petitioner. Does the Petitioner admit the
genuineness and due execution of the Answer of the Respondent, Affidavit of
Denise Ramos, Affidavit of Kaisa Rabi, Pre-natal Card of the Respondent,
Affidavit of Mia Uwaw and the Affidavit of Sally Ako.
PETITIONER: We admit, subject to cross.
SUBMISSION OF ISSUES FOR RESOLUTION
JUDGE: Petitioner, submit your issues for resolution.
PETITIONER: For the petitioner, your Honor, we are submitting the following issues:
1. XXXXXXXX
JUDGE: Petitioner has submitted ___ issues for resolution. Respondent, submit your
issues.
RESPONDENT: For the respondent, your Honor, we are submitting the following issues:
1. Whether or not
JUDGE: Respondent has submitted ___ issues for resolution.
LIST OF WITNESSES
JUDGE: Petitioner may now present his list of witnesses.
PETITIONER: Your Honor, the petitioner intends to present the following witnesses:
1.
JUDGE: Petitioner has ___ witnesses, in the persons of ___________. Respondent may
now present his list of witnesses.
RESPONDENT: Your Honor, the respondent intends to present the following witnesses:
1. Denise Ramos, residing at Purok ___, Brgy Lipata, Surigao City

2. Kaisa Rabi, residing at Purok 6, Brgy San Juan, Surigao City
3. Mia Uwaw, residing at Purok ___, Brgy San Juan, Surigao City
4. Sally Ako, residing at Purok 6, Brgy San Juan, Surigao City
JUDGE: Respondent has 4 witnesses, in the persons of Denise Ramos, Kaisa Rabi, Mia
Uwaw and Sally Ako.
The pretrial is hereby terminated. We now proceed to the presentation of

evidence by the petitioner.
PRESENTATION OF EVIDENCE FOR PETITIONER
JUDGE: Petitioner, are you ready?
PETITIONER: Yes, your Honor.
JUDGE: Call your first witness.
DIRECT EXAMINATION PETITIONER’S FIRST WITNESS
PETITIONER: We call ______ to the witness stand.
CLERK: Raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
WITNESS: Yes, sir.
CLERK: State your name and personal circumstances.
WITNESS: XXXX
CLERK: RECAP XXX. Your witness.
PETITIONER: OFFER
JUDGE: Comment?
RESPONDENT: None, your Honor. Subject to cross.
JUDGE: Proceed with your direct examination.
PETITIONER: DIRECT
JUDGE: Respondent, proceed with your cross examination.
RESPONDENT: Yes, your Honor.
RESPONDENT: CROSS
JUDGE: Re-direct?
PETITITIONER: None, your Honor.
JUDGE: The witness is now excused.
Witness, ___________, was called to the witness stand and examined under
oath. A direct examination and cross examination were conducted by both
parties. Thereafter, there being no re-direct examination, the testimony of the
witness is hereby terminated. SO ORDERED.
Petitioner, are you ready with your second witness?
PETITIONER: Yes, your honor.
JUDGE: Call your second witness.
DIRECT EXAMINATION
JUDGE: Cross.
RESPONDENT: Thank you, your Honor.
RESPONDENT: CROSS EXAMINATION
JUDGE: Redirect?
PETITIONER: None, your Honor.
Witness, ___________, was called to the witness stand and examined under
XXX
JUDGE: We will come now to the petitioner’s formal offer of evidence. Counsel are you
ready?
PETITIONER: We are ready, your Honor.
JUDGE: Proceed.
FORMAL OFFER OF EVIDENCE
PETITIONER: Your Honor, before we rest our case, we formally offer the following exhibits:
XXX
JUDGE: Comment?
RESPONDENT: No objection, your Honor.
JUDGE: Acting on the formal offer of the petitioner’s evidence, the court admits
exhibits A to ____ to form part of the evidence of the petitioner, subject to its
individual probative value. SO ORDERED.
PETITIONER: We rest our case, your Honor.
JUDGE: Noted.
We will come now to the presentation of respondent’s evidence.
PRESENTATION OF EVIDENCE FOR THE RESPONDENT
JUDGE: Respondent, are you ready?
RESPONDENT: We are ready, your Honor.
JUDGE: Call your first witness.
DIRECT EXAMINATION RESPONDENT FIRST WITNESS
RESPONDENT: We call Denise Ramos to the witness stand.
WITNESS: Yes, sir.
CLERK: Please state your name and personal circumstances.
WITNESS: I am Denise Ramos, of legal age, a resident of Purok 6, Brgy Lipata, Surigao
City, married and self-employed.
CLERK: The witness is Denise Ramos, of legal age, a resident of Purok 6, Brgy Lipata,
Surigao City, married and self-employed. Your witness.
RESPONDENT: Your Honor, we offer the testimony of the witness to prove that one year prior
to the celebration of the marriage on September 10, 2012, the parties were
engaged and living together as husband and wife; that on August 20, 2012, the
respondent, accompanied by the petitioner, had her prenatal check-up at the
Brgy Lipata Health Center; that on September 10, 2012, the parties were
lawfully married to one another; that three months thereafter, the
respondent, accompanied by the petitioner, had her check-up at the office of
gynaecologist, Dr. Miriam Santiago; to rebut the allegations stated in the
complaint that she concealed her pregnancy to the prejudice of the petitioner
and to dispute that the petitioner had knowledge of the pregnancy prior to the
celebration of their marriage; that she executed a judicial affidavit, wherein
the facts are true and correct, based on her personal knowledge; and other
matters pertinent to the case. May it please the court.
JUDGE: Comment?
PETITIONER: None, your Honor. Subject to cross.
JUDGE: Counsel, proceed with your direct examination.
RESPONDENT: Yes, your Honor. Mrs. Witness, do you remember having executed any
document in relation to this on March 3, 2014?
WITNESS: Yes, maam.
RESPONDENT: What document is that?
WITNESS: A judicial affidavit, maam.

RESPONDENT: If the same will be shown to you, will you be able to identify it?
WITNESS: Yes, maam.
RESPONDENT: Showing you a 6 page document, marked as exhibit 2, is this the said affidavit?
WITNESS: Yes, maam.
RESPONDENT: Directing your attention to page 5 of the document, wherein a signature

appears above the name Denise Ramos. Whose signature is this?
WITNESS: Mine, maam.
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit 2-A.
JUDGE: Mark it.
RESPONDENT: Mrs Witness, can you recall where you executed the said affidavit?
WITNESS: Yes, maam. In the office of Atty Labastida.
RESPONDENT: To whom did you execute the said affidavit?
WITNESS: To Atty Labastida, maam.
RESPONDENT: Directing your attention to page 5 of the affidavit, wherein a signature appears
above the name Atty Daisy Mae Labastida. Whose signature is this?
WITNESS: It was her signature, maam.
RESPONDENT: How do you know that it was her signature?
WITNESS: I was there when she signed it, maam.
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit 2-B.
JUDGE: Mark it.
RESPONDENT: Mrs Witness, when you executed the affidavit, were the contents explained to
you in a manner and language that you understood?
WITNESS: Yes, maam.
RESPONDENT: Do you confirm and affirm the validity of this document?
WITNESS: Yes, maam.
RESPONDENT: Do you confirm and affirm that this affidavit will take the place of your direct
testimony in relation to this case?
WITNESS: Yes, maam.
JUDGE: Cross.
PETITIONER: CROSS EXAMINATION
XXX
PETITIONER: No more questions, your Honor.
JUDGE: Redirect?
RESPONDENT: None, your Honor.
Witness, Denise Ramos, was called to the witness stand and examined under
Respondent, are you ready with your second witness?
JUDGE: Call your second witness.
DIRECT EXAMINATION RESPONDENT SECOND WITNESS
RESPONDENT: We call Kaisa Rabi to the witness stand.
WITNESS: Yes, sir.
WITNESS: I am Kaisa Rabi, of legal age, a resident of Purok 6, Brgy San Juan, Surigao City,
single and self-employed.
CLERK: The witness is Kaisa Rabi, of legal age, a resident of Purok 6, Brgy San Juan,
Surigao City, single and self-employed. Your witness.
RESPONDENT: Your Honor, we offer the testimony of the witness to corroborate the
testimony of the respondent as to the true character of the petitioner; that he
executed a judicial affidavit, wherein the facts are true and correct, based on
his personal knowledge; and other matters pertinent to the case. May it please
the court.
JUDGE: Comment?
WITNESS: Yes, maam.
WITNESS: Yes, maam.
RESPONDENT: Showing you a 4 page document, marked as exhibit 4, is this the said affidavit?
WITNESS: Yes, maam.
RESPONDENT: Directing your attention to page 3 of the document, wherein a signature

appears above the name Kaisa Rabi. Whose signature is this?
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit 4-A.
JUDGE: Mark it.
RESPONDENT: Directing your attention to page 3 of the affidavit, wherein a signature appears
above the name Atty Daisy Mae Labastida. Whose signature is this?
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit 4-B.
JUDGE: Mark it.
WITNESS: Yes, maam.
WITNESS: Yes, maam.
WITNESS: Yes, maam.
JUDGE: Cross.
XXX
JUDGE: Redirect?
Witness, Kaisa Rabi, was called to the witness stand and examined under oath.
A direct examination and cross examination were conducted by both parties.
Thereafter, there being no re-direct examination, the testimony of the witness
is hereby terminated. SO ORDERED.
Respondent, are you ready with your third witness?
JUDGE: Call your third witness.
DIRECT EXAMINATION RESPONDENT THIRD WITNESS
RESPONDENT: We call Mia Uwaw to the witness stand.
WITNESS: Yes, sir.
WITNESS: I am Mia Uwaw, of legal age, a resident of ____ Surigao City, single and self-
employed.
CLERK: The witness is Mia Uwaw, of legal age, a resident of ____ Surigao City, single
and self-employed. Your witness.
testimony of the respondent that on August 20, 2012, the respondent,
accompanied by the petitioner, had a prenatal check-up at the Brgy Lipata
Health Center, evidenced by a prenatal card; that she executed a judicial
affidavit, wherein the facts are true and correct, based on her personal
knowledge; and other matters pertinent to the case. May it please the court.
JUDGE: Comment?
WITNESS: Yes, maam.
WITNESS: Yes, maam.
RESPONDENT: Showing you a ___ page document, marked as exhibit ___, is this the said
affidavit?
WITNESS: Yes, maam.
RESPONDENT: Directing your attention to page ___ of the document, wherein a signature
appears above the name Mia Uwaw. Whose signature is this?
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit ___-A.
JUDGE: Mark it.

RESPONDENT: Directing your attention to page ___ of the affidavit, wherein a signature
appears above the name Atty Daisy Mae Labastida. Whose signature is this?
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit ____-B.
JUDGE: Mark it.
WITNESS: Yes, maam.
WITNESS: Yes, maam.
WITNESS: Yes, maam.
JUDGE: Cross.
XXX
JUDGE: Redirect?
Witness, Mia Uwaw, was called to the witness stand and examined under oath.
Respondent, are you ready with your fourth witness?
JUDGE: Call your fourth witness.
DIRECT EXAMINATION RESPONDENT FOURTH WITNESS

RESPONDENT: We call Sally Ako to the witness stand.
WITNESS: Yes, sir.
WITNESS: I am Sally Ako, of legal age, a resident of Purok 6, Brgy San Juan, Surigao City,
single and unemployed.
CLERK: The witness is Sally Ako, of legal age, a resident of Purok 6, Brgy San Juan,
Surigao City, single and unemployed. Your witness.
testimony of the respondent that the parties were living together as husband
and wife approximately one year prior to the celebration of their marriage at
Purok 6, Brgy San Juan, Surigao City; that she executed a judicial affidavit,
wherein the facts are true and correct, based on her personal knowledge; and
other matters pertinent to the case. May it please the court.
JUDGE: Comment?
WITNESS: Yes, maam.
WITNESS: Yes, maam.
RESPONDENT: Showing you a ___ page document, marked as exhibit ___, is this the said
affidavit?
WITNESS: Yes, maam.
RESPONDENT: Directing your attention to page ___ of the document, wherein a signature
appears above the name Sally Ako. Whose signature is this?
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit ___-A.
JUDGE: Mark it.

RESPONDENT: Directing your attention to page ___ of the affidavit, wherein a signature
appears above the name Atty Daisy Mae Labastida. Whose signature is this?
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit ____-B.
JUDGE: Mark it.
WITNESS: Yes, maam.
WITNESS: Yes, maam.
WITNESS: Yes, maam.
JUDGE: Cross.
XXX
JUDGE: Redirect?
Witness, Sally Ako, was called to the witness stand and examined under oath.
Are there other witnesses to be presented by the respondent?
JUDGE: We will come now to the formal offer of evidence of the respondent. Counsel,
are you ready?
RESPONDENT: We are ready, your Honor.
JUDGE: Proceed.
RESPONDENT: Your Honor, before we rest our case, we formally offer the following exhibits:
1. The answer, marked as Exhibit 1, to prove that a timely answer was

filed by the respondent;
2. The judicial affidavit of Denise Ramos, marked as Exhibit 2 and all its
submarkings, to establish that one year prior to the celebration of the
marriage on September 10, 2012, the parties were engaged and living
together as husband and wife; that on August 20, 2012, the
respondent, accompanied by the petitioner, had her prenatal check-up
at the Brgy Lipata Health Center; that on September 10, 2012, the
parties were lawfully married to one another; that three months
thereafter, the respondent, accompanied by the petitioner, had her
check-up at the office of gynaecologist, Dr. Miriam Santiago; to rebut
the allegations stated in the complaint that she concealed her
pregnancy to the prejudice of the petitioner and to dispute that the
petitioner had knowledge of the pregnancy prior to the celebration of
their marriage;
3. The marriage certificate, marked as Exhibit 3, to prove that the parties
were lawfully married on September 10, 2012;
4. The judicial affidavit of Kaisa Rabi, marked as Exhibit 4 and all its
submarkings, to corroborate the testimony of the respondent as to the
true character of the petitioner;
5. The prenatal card dated August 20, 2012, marked as Exhibit 5, to prove
that the respondent, accompanied by the petitioner, had a prenatal
checkup at the Brgy Lipata Health Center on the said date;
6. The judicial affidavit of Mia Uwaw, marked as Exhibit 6, to corroborate
the testimony of the respondent that on August 20, 2012, the
respondent, accompanied by the petitioner, had a prenatal check-up
at the Brgy Lipata Health Center;
7. The judicial affidavit of Sally Ako, marked as Exhibit 7 and all its
submarkings, to corroborate the testimony of the respondent that the
parties were living together as husband and wife approximately one
year prior to the celebration of their marriage at Purok 6, Brgy San
Juan, Surigao City
We rest our case, your Honor.
JUDGE: Comment?
PETITIONER: No objection, your Honor.
JUDGE: Acting on the formal offer of the respondent’s evidence, the court admits
exhibits A to ____ to form part of the evidence of the petitioner, subject to its
individual probative value. SO ORDERED.
The court having admitted the formal offer of evidence of both parties, the
case is now submitted for decision. SO ORDERED.

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JUDGE ENTERS

JUDGE REACHES BENCH

CLERK: Let us all pray the ecumenical prayer of the court.

JUDGE: Call the case.

JUDGE: Where is the Solicitor General?

JUDGE: Let us now move on to the stipulation of facts.

RESPONDENT: We admit, your Honor.

JUDGE: Do you admit the identity of the respondent?

RESPONDENT: We admit, your Honor.

BOTH: We admit, your Honor.

JUDGE: Was there a proposal for amicable settlement?

JUDGE: Stipulation of facts. Petitioner’s proposal.

JUDGE: Stipulation of facts. Proposal of the Respondent.

PETITIONER: We do not admit.

PETITIONER: We do not admit.

RESPONDENT: That is all, your Honor.

PETITIONER: That is all, your Honor.

RESPONDENT: We admit, your Honor. Subject to cross.

RESPONDENT: We pray that the Answer of the Respondent be marked as Exhibit 1.

JUDGE: Mark it.

RESPONDENT: We pray that the affidavit of Denise Ramos be marked as Exhibit 2.

JUDGE: Mark it.

JUDGE: Mark it.

RESPONDENT: We pray that the Affidavit of Kaisa Rabi be marked as Exhibit 4.

JUDGE: Mark it.

RESPONDENT: We pray that Pre-natal Card of the Respondent be marked as Exhibit 5.

JUDGE: Mark it.

RESPONDENT: We pray that the Affidavit of Mia Uwaw be marked as Exhibit 6

JUDGE: Mark it.

RESPONDENT: We pray that the Affidavit of Sally Ako be marked as Exhibit 7.

JUDGE: Mark it as directed.

RESPONDENT: That is all, your Honor.

PETITIONER: We admit, subject to cross.

SUBMISSION OF ISSUES FOR RESOLUTION

JUDGE: Petitioner, submit your issues for resolution.

JUDGE: Respondent has submitted ___ issues for resolution.

1. Denise Ramos, residing at Purok ___, Brgy Lipata, Surigao City

The pretrial is hereby terminated. We now proceed to the presentation of

PRESENTATION OF EVIDENCE FOR PETITIONER

JUDGE: Petitioner, are you ready?

PETITIONER: Yes, your Honor.

JUDGE: Call your first witness.

DIRECT EXAMINATION PETITIONER’S FIRST WITNESS

PETITIONER: We call ______ to the witness stand.

WITNESS: Yes, sir.

CLERK: State your name and personal circumstances.

CLERK: RECAP XXX. Your witness.

RESPONDENT: None, your Honor. Subject to cross.

JUDGE: Proceed with your direct examination.

PETITIONER: That is all, your Honor.

JUDGE: Respondent, proceed with your cross examination.

RESPONDENT: Yes, your Honor.

PETITITIONER: None, your Honor.

JUDGE: The witness is now excused.

Petitioner, are you ready with your second witness?

PETITIONER: Yes, your honor.

JUDGE: Call your second witness.

PETITIONER: That is all, your Honor.

RESPONDENT: Thank you, your Honor.

RESPONDENT: CROSS EXAMINATION

RESPONDENT: That is all, your Honor.

PETITIONER: None, your Honor.

JUDGE: The witness is now excused.

PETITIONER: We are ready, your Honor.