Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch _____
Pasay City

Gail Montero, CIVIL CASE NO. _______

Petitioner
-versus FOR:

Calixto Montero, DECLARATION OF NULLITY

Respondent, OF MARRIAGE
x-------------------------------------------x

PRE-TRIAL BRIEF

PETITIONER by the undersigned counsel and unto this Honorable Court most
respectfully states:

BRIEF STATEMENT OF PETITIONER’S CLAIMS AND DEFENSES

This is an action for Declaration of Nullity of Marriage under Articles 36, 45 & 68 of the
New Family Code.

1. Respondent and petitioner are husband and wife;

2. That Respondent married the Petitioner by obtaining the consent of her parent by fraud
and intimidation.
3. That respondent suffer from impotency and lied about it from the Petitioner;
4. That respondent suffer from psychological problems, mainly his abusive and
manipulative nature, constant lying and infidelity;
5. That such illness existed before, at the time of the marriage and during the marriage.
 6. Their de-facto separation which culminated from petitioner’s frustration of respondent’s
mercurial change of disposition, abusive and manipulative conduct, ,and adulterous
conduct;
7. That respondent failed to give love, emotional support and fidelity to the marriage;
8. That respondent denies all the allegations of the Petitioner.

WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT OR

ALTERNATIVE MODES OF DISPUTE RESOLUTION

a. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of
openness from Respondent, Petitioner is open to the possibility of amicably settling this
dispute
b. Petitioner respectfully submits that the desired terms of any amicable settlement would
involve the dismissal of the petition on the ground of lack of cause of action, and the
payment of damages prayed for.

SUMMARY OF FACTS AND PROPOSED STIPULATION OF FACTS

1. The identity of parties as petitioner and respondent;

2. The fact of marriage, parties having been married on June 30, 2012 ;

3. Their de-facto separation and the absence of cohabitation between the spouses.

PROPOSAL FOR ADMISSION

1. That both respondent and petitioners are clinically found to be psychologically incapacitated
to comply with the essential requisites of marriage identified as respondent having
Narcissistic Personality Disorder with Anti-Social Traits while petitioner is suffering with
Histrionic Personality Disorder;

2. That the said disorder of the respondent is grave, serious and incurable.

3. That the respondent and the petitioner are both psychologically incapacitated to comply with
the requisites of marriage.
 ISSUES TO BE TRIED OR RESOLVED

Whether or not respondent is psychologically incapacitated to comply with the essential

requisites of marriage which is a valid ground under Art. 36 and 68 of the New Family Code
to declare the marriage a nullity.

DOCUMENTS OR EXHIBITS TO BE PRESENTED

1. Marriage Contract ----Exhibit "A"

Purpose: To prove the existence of the marriage between the petitioner and the respondent

2. The Psychological Report-----Exhibit "C”

Purpose: To prove that both respondent and petitioners are clinically found to be
psychologically incapacitated to comply with the essential requisites of marriage identified as
Narcissistic Personality Disorder with Anti-Social Traits while petitioner is suffering with
Histrionic Personality Disorder and that the said disorder is grave, serious and incurable.

A MANIFESTATION OF THEIR HAVING AVAILED OF OR THEIR INTENTION

TO AVAIL DISCOVERY PROCEDURE OR REFERRAL TO A COMMISIONER

a. Considering the relatively simple issues presented, Respondent does not intend to avail of
discovery at this time.

b. Subject, however, to a concrete and reasonable request for discovery from Petitioner,
Respondent reserves the right to resort to discovery before trial.

NUMBER AND NAMES OF WITNESSES AND THE SUBSTANCE OF THEIR

RESPECTIVE TESTIMONIES

Petitioner intends to present three (2) witnesses, to wit:

1. Marian Rivera, petitioner

2. Pauleen Luna, clinical psychologist
 Petitioner will be testifying on the allegations in the Petition and will present
documentary evidence. The Clinical Psychologist who will testify on the psychological
evaluation done on both petitioner and respondent.

Petitioner Marian Rivera, reserves the right to present any and all documentary evidence ,
which shall become relevant to rebut respondent’s witnesses ’, if necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. Provisions on the Family Code

2. Applicable laws and jurisprudence relevant on the matter.

AVAILABILITY FOR TRIAL

The petitioner needs at least five (5) trial dates to present its case to be agreed upon
during the Pre-trial Conference.

RESPECTFULLY SUBMITTED to this Honorable Court this 19 th day of April 2014

at Justice Hall, Dagupan City, Philippines.

ATTY. GLAIZA MAE G. MASAOY

Counsel for the Petitioner
123 Bldg. Perez Blvd., Dagupan City
IBP No.11 764814 dtd. 01-07-15Dagupan City
PTR No.1 5440074 /01/14/15/ Dagupan
Roll No. 1330076
MCLE Compliance III – 000193280
Dtd. March 27, 2014

Copy furnished:

Atty. Lilibeth Palado--------------------------Personal Service

Counsel for the Respondent
Palado and Associates
Asingan, Pangasinan

Office of the City Prosecutor ------------------- Personal Service

Dagupan City

Office of the Solicitor General ----------Registered Mail w/ Return Card

135 Amorsolo St., Legaspi Vill.,
Makati City
EXPLANATION

Pursuant to the Provision of Rule 13, Section 11 of the 1997 Rules in Civil Procedure
as Amended, undersigned submits this Explanation that the service of this Pre- Trial was to
Office of the Solicitor General by Registered Mail instead of personal serve in view of lack of
manpower.