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Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL


10th Judicial Region
Branch 22
Cagayan de Oro City

NANETTE AMORES DULFO, CV-FMY-2017-213

-versus-

For: PETITION
FOR DECLARATION OF NULLITY OF
MARRIAGE WITH A PRAYER FOR
CUSTODY OF MINORS & SUPPORT

ANTONIO MAESTRADO RAZALO JR.,

Respondent,

x----------------------x

PRE-TRIAL ORDER
When this case was called for pre-trial, Atty. Joule Visabella appeared for the plaintiff,
and Atty. Sheen Dadang appeared for the respondent. The plaintiff NANETTE AMORES
DULFO and the respondent ANTONIO MAESTRADO RAZALO JR were also in court.

POSSIBILITY OF AMICABLE SETTLEMENT

During the pre-trial, there was no agreement between the parties as to the possibility of
amicable settlement of the case.

STIPULATION OF FACTS BETWEEN THE PARTIES

The plaintiff, through his counsel and the respondent, through her counsel stipulated on
the following that:

1. The identity of parties as petitioner and respondent;


2. The fact of marriage, parties having been married on January,8, 2007;
3. Their child was born in September 01, 2007;
4. That no other property was acquired by both spouses except the family home located at Block 8,
Lot 3, Gold City, Phase 1, Balulang, Cagayan de Oro City; and,
5. Their de-facto separation and the absence of cohabitation between the spouses.

ISSUES TO BE TRIED OR RESOLVED

The plaintiff would like the following issues to be resolved:

1. Whether or not respondent is a closeted homosexual who concealed such fact and that the consent
of petitioner was obtained by fraud which is a valid ground under Art. 45, in relation to Art. 16 of
the New Family Code to declare the marriage a nullity.
On the other hand, the respondent would like the following issues to be resolved:

1. Whether or not the petition for declaration of nullity of marriage should be denied for lack of
merit.

2. Should the petition be granted, who should have the proper custody of their 10-year daughter

EXHIBITS MARKED AS DOCUMENTS

The plaintiff marked the following exhibits:

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


2. Birth Certificate of child-----Exhibits "B"
3. The Psychological Report-----Exhibit "C”

And the plaintiff reserves his right to mark other documentary exhibits which are not yet
available if the need arises.

The respondent marked the following exhibits:

1. Photographs of Petitioner and Respondent in their college years ----Exhibit "I"


2. Marriage Certificate of Petitioner and Respondent ----Exhibit "II"
3. Birth Certificate of Emily Aurora Lenesse D. Razalo ----Exhibit "III"
4. Certificate of Employment of Antonio Razalo, Jr. ----Exhibit "IV"
5. Respondent’s diploma of his Masters Degree in Education ----Exhibit "V"
6. Notice of Promotion vacancy ----Exhibit "VI"
7. Application for Promotion ----Exhibit "VII"

WITNESSES TO BE PRESENTED

The plaintiff will present the following witnesses:

1) plaintiff herself;
3) Dr Garcia, Psychologist;

The plaintiff reserves his right to present three (3) more witnesses.

The respondent will present the following witnesses:

1) The respondent himself,;


2) The respondent’s brother, Marcus John Razalo,
3) Francine Yrika Tan;

The respondent reserves the right to present other witnesses not herein enumerated as deemed
necessary.

DATE OF HEARING

Both parties agreed on the trial date to be held on the 7th day of April, 2018 in the
afternoon and shall present their witnesses also on the same date. The parties are hereby directed
to go over the Pre-Trial Order. Should they find any error therein as maybe supported by the
Transcript of Stenographic Notes, they should call the attention of the Court before the start of
the trial. Thereafter, no correction to the order shall be allowed.

This 30th day of January, 2018 at Cagayan de Oro City, Philippines.


RICHARD B. BALUCIO
Judge

Copy furnished:
1. Joule Visabella
Corales Ave., Cagayan de Oro City

2. Atty. Sheen Dadang


Brgy. 23, Cagayan de Oro City