Sie sind auf Seite 1von 4

REPUBLIC OF THE PHILIPPINES

Regional Trial Court


First Judicial Region
Branch 4— Baguio City

MARIA ROSARIO CRUZ-MONTES Civil Case No.


Petitioner, For: Declaration
of Nullity of
Marriage under
Article 36 of the
Civil Code
-versus-

DAN JOAQUIN MONTES


Respondent.
x---------------------------------------x

PRE-TRIAL BRIEF
PETITIONER, by and through the undersigned Counsel,
unto this Honorable Court, respectfully submits this Pre-Trial
Brief –

As to Stipulation of Facts.
Petitioner admits the following stipulation of facts—
a) the names and personal circumstances of the of the parties;
b) that the parties were married on February 15, 2007;
c) that during their marriage, no property was acquired by
them;
d) they don’t have any children whether legitimate or
illegitimate.

As to Stipulation of Facts.
Petitioner proposes for admission that:
a) they don’t live under one roof;
b) they were separated and has no communication with each
other.

Testimonial Evidence.
Petitioner shall present the following witnesses:
a) Maria Rosario Cruz-Montes- to testify as to the status of her
marriage with respondent;
b) Nat E. Bandonill- To testify his observation of the
respondent;

1
c) Dr. Dr. Gerald Eming -De Leon- to testify as to the mental
condition of the parties.

Petitioner reserves the right to present other witnesses in


the course of trial subject to the approval of the Honorable
Court.

Documentary and Object Evidence.


Petitioner shall present the following documentary and
object evidence during the trial—

Exhibit A : Certificate of Marriage- to


establish the existence of a valid
marriage between the parties.
Exhibit B : Screen shot of messenger- to prove
a conversation between the parties
and respondent’s admissions.
Exhibit C : Petitioner’s Psychological
Evaluation Report- to prove the
result of the psychological
examination of Petitioner and her
incapacity to contract marriage.
Exhibit D: Respondent’s Psychological
Evaluation Report- to prove the
psychological examination of
Respondent and his incapacity to
contract marriage.
Exhibit E : Judicial Affidavit of Dr. Gerald
Eming- to serve as his direct
testimony in the case.
Exhibit F : Judicial Affidavit of Maria Rosario
Cruz-Montes- to serve as her direct
testimony in the case
Exhibit G : Judicial Affidavit Nat Bandonill- to
serve as his direct testimony in the
case.

Issues to be resolved.
The following are the issues

a) Whether the Petitioner is psychologically incapacitated


in order render the marriage void.

b) Whether the Respondent is Psychologically incapacitated


in order to render the marriage void.

2
Applicable Laws and Jurisprudence
The following are the applicable laws and jurisprudence in this
case—

a) Article 36 of the Family Code of the Philippines


b) 1997 Revised Rules of Court of the Philippines
c) A.M. No. 02-11-10-SC

Hearing Dates.
Petitioner would require at least two [2] hearing dates to
present her evidence. The hearing dates shall be fixed, subject
to the calendar of this Honorable Court and to the availability
of the other party

Respectfully Submitted, this 4 September 2019 at Baguio


City, Philippines.

THE LAW FIRM OF JMM AND


ASSOCIATES
Counsel for the Petitioner
No. 2 Session Road, Baguio City
Tel. no. [074] 424-0449
Email: JMM_lawfirm@yahoo.com

by—

ATTY. MARTEL JOHN F. MILO


Roll No. 90419
IBP No.034875
IBP Chapter Baguio
PTR No. 10987654
MCLE COMP. NO. VI-6606804/
6-17-2020

Copy furnished via registered mail due to


time and distance constraints and lack of
personnel to effect personal service —

OFFICE OF THE SOLICITOR GENRAL


134 Amorsolo St., Legaspi Village, Makati City

Copy furnished—

OFFICE OF THE CITY PROSECUTOR


Justice Hall, Baguio City

3
The Law Firm of MIMADI
Counsel for Respondent
Address: No. 2 Session Road, Baguio City