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Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region
Branch 24
Cebu City

JOY P. GARCIA-KRAMER, D
Plaintiff,
CIVIL CASE NO. CEB 40563
– versus –
FOR: Declaration of Nullity of
RHODERICK R. KRAMER, Marriage
Defendant.
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PRE-TRIAL BRIEF

DEFENDANT, through counsel, most respectfully files this Pre-trial


Brief, for the consideration of the Honorable Court.

POSSIBILITY OF AMICABLE SETTLEMENT

The law prohibits compromise on the issue of the validity of a


marriage or a legal separation. However, Defendant is open to the
possibility of amicable settlement with Plaintiff in relation to the custody of
their two children and reciprocal visitation rights over the child in the
custody of the other.

Defendant also assures Plaintiff that he will afford her due civility and
he will appreciate the same treatment from her.

CLAIM

Defendant respectfully prays that the instant action be dismissed for


lack of jurisdiction over his person, and for failure to state a cause of action.

STATEMENT OF FACTS

Respondent was first married to Sharon P. Cuneta on June 20, 1998 in


Tagbilaran, Bohol. Barely a week into their marriage, Sharon, along with
hundreds of other passengers, perished when the airplane she boarded
bound for Queensland, Australia suddenly went missing.

Despite Respondent’s diligent efforts to locate the whereabouts of his


wife, the latter was never found again. On August 5, 2000, more than two
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years after Sharon’s disappearance, the Cebu City RTC Branch 7 granted
Respondent’s petition for Declaration of Presumptive Death of Sharon P.
Cuneta.

Sometime thereafter, Respondent met petitioner in the real estate


company in Mandaue City sometime in 1999. In less than a year, they
became lovers.

High of off their love, the young sweethearts decided to tie the knot
in a civil ceremony on 2 June 2004 officiated by Hon. Anatolio S. Necesario,
then presiding judge of the Municipal Trial Court in Cities of Cebu City
Branch 2. After they got married, they lived with Respondent’s family
headed by his mother.

Their life as a married couple started out happy and peaceful.


Unfortunately, theirs was only a temporary bliss. Their relationship took a
sudden and drastic turn when the true personality of the Respondent
cropped up six months into the marriage.

Respondent is an alcoholic whose everyday routine would either


involve an outside drinking spree with his friends or a solo venture at home.

Because of Respondent’s habitual alcoholism, he ends up physically


and verbally abusing Petitioner. At first, Petitioner would forgive her
husband’s grossly abusive conduct because of her love and promise to keep
their marriage intact. Unfortunately, the love and understanding eventually
devolved into fear and anxiety.

Petitioner tried to endure all of Respondent’s shortcomings, but his


act of keeping a mistress was the last straw that prompted her to file this
Petition. She found that after leaving their house on _________,
Respondent lived with another woman.

Petitioner and Respondent have been living separately since


_____________.

ADMITTED FACTS

1. The identity of parties as Petitioner and Respondent;

2. The fact of marriage, parties having been civilly married on 2 June 2004;

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3. Their union was blessed with a son and daughter;

4. Neither the Petitioner nor the Respondent acquired any property during
their marriage;

5. Their separate custody of the children;

6. Their de-facto separation and the absence of cohabitation.

LEGAL ISSUES

1. Whether or not the marriage between the parties is a bigamous


marriage.

2. Whether or not Respondent is psychologically incapacitated to comply


with his essential marital obligations.

DOCUMENTARY EVIDENCE

Petitioner will present the following documentary evidences:


1. Certificate of Marriage (Annex “A”) of herein parties made on 2 June
2004 in Cebu City;

2. Certificate of Live Birth (Annex “B”) of herein parties’ eldest child,


Cadence Ching Lua, borne on 1 May 2005 in Cebu City;

3. Certificate of Live Birth (Annex “C”) of herein parties’ youngest child,


Caleb Ching Lua, borne on 19 April 2007 in Cebu City;

4. Drug Test Report (Annex “D”) of Petitioner issued by Chong Hua Hospital
dated 15 May 2008 bearing negative results for Methamphetamine and
Tetrahydrocannabinol;

5. Certification and Recommendation (Annex “E”) by Dr. Pureza Trinidad


Oñate, Medical Director of Perpetual Succour Hospital Adult and Child
Psychiatry Division, as to the marital evaluation she conducted between
Petitioner and Respondent on May 28, 2008 and the need to conduct a
follow-up when parties are ready to communicate with one another in a
less hostile manner;

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6. Screen shot (Annex “F”) of Respondent’s Facebook account which shows
a change in relationship status to “In a Relationship” followed by an
uploaded photo of Respondent and his new lover;

7. Other documents as may be determined to be relevant to the case


during the course of trial.

WITNESSES

Petitioner herself will testify to substantiate her allegations in her


Petitioner. She will also present witnesses identified as follows:

1. Wilson Ching, father of Petitioner, will testify as to the kind of


relationship his daughter has with Respondent. Mr. Ching will also
testify to the fact that he had to come to her daughter’s rescue after
learning of the miserable condition Petitioner was in due to the
abuse and maltreatment caused by Respondent and his mother;

2. Betty Hsia Ching, mother of Petitioner, will testify as to how she and
Mr. Ching, helped in recovering Petitioner’s strength after all the
mental, emotional and physical anguish suffered by their daughter
caused by the dysfunctional marriage with Respondent;

3. Dr. Pureza Trinidad-Oñate, Medical Director of Perpetual Succour


Hospital Adult and Child Psychiatry Division, will testify as to her
truthful observations during her conduct of marital evaluation
between Petitioner and Respondent;

Other witnesses as may be determined to be relevant to the case


during the course of trial.

APPLICABLE LAWS AND JURISPRUDENCE

Pertinent provisions of the New Family Code, Rules of Court and such
other applicable statutory enactments and jurisprudential holdings.

AVAILABLE DATES FOR TRIAL

Subject to the calendar of this Honorable Court and is best to be


taken up during the pre-trial conference.

Respectfully submitted.

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Cebu City, Philippines, September 2, 2017.

QWERTY LAW FIRM


Counsel for Defendant
No. 123 Banilad Rd., Cebu City 6000
Tel. No. 123-4567
Fax No. 987-6543

By:

JOY IVEE O. ONG


Attorney’s Roll No. 78965
PTR No. 123456 – 1/15/17-Cebu City
IBP No. 123456 – 1/16/17-Cebu City
MCLE Compliance No. IV-0010316 – 12/13/17
Email: joyiveeong@gmail.com

Copy furnished to:

JOY P. GARCIA-KRAMER Received by ___________


Labangon, Cebu City 6000 Date _________________

ATTY. BEA SUAN Received by ___________


ATTY. NIKKI ROSE AGERO Date _________________
ATTY. KARLA BALNEG
Counsels for the Petitioner
Mabolo, Cebu City 6000

OFFICE OF THE SOLICITOR GENERAL Reg. Receipt No.________


134 Amorsolo St., Legaspi Village, Date _________________
Makati City

OFFICE OF THE CITY PROSECUTOR Received by ___________


Cebu City Date _________________

EXPLANATION

A copy of this Pre-trial Brief was served upon the Office of the
Solicitor General through registered mail due to the distance and lack of
personnel to effect personal service.

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JOY IVEE O. ONG

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