REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
CITY OF MAKATI
Branch No. 5
Beth B. Loggins,
Petitioner.
-versus-

For: Annulment of Marriage

Civil Case No. 73125

Jack A. Collins
Respondent.
x --------------------------------------------- x
PRETRIAL BRIEF
RESPONDENT, by counsel, respectfully submits his Pre-Trial Brief, as follows:

1. Willingness to enter into an amicable settlement and possible terms of any such
settlement
a. Subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from Petitioner, Respondent is open to the
possibility of amicably settling this dispute
b. Respondent 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.

2. Brief statement of claims and defenses

a. Petitioner seeks to annul the marriage under Article 45 of the Family
Code, on the ground that the contracting parties failed to obtain the
consent of Spouses Alberto Y. Loggins and Josefa B. Loggins, parents of
Petitioner, as required by Article 14 of the Family Code;
b. Respondent avers that Petitioner is without legal capacity to file the
Petition for Annulment of Marriage
i. That at the time Petitioner filed her Petition for Annulment of
Marriage and up to the present, she is twenty (20) years of age,
contrary to Article 47 of the Family Code, which allows a contracting
party to file such petition only within five (5) years after attaining the
age of twenty-one (21);
c. Respondent denies the allegation that no such consent was given, and
further alleges
i. That Alberto Y. Loggins, father of Petitioner, physically attended the
marriage ceremony of Petitioner and Respondent which took place
July 1, 2008, gave his consent thereto, and presented no
objections;

ii. That the signature of Alberto Y. Loggins appearing in the affidavit is

not a forgery and was made by him voluntarily and of his own free
will;
d. That the Petition for Annulment of Marriage does not specify the regime
governing the property relations of the spouses, as well as the properties
involved, in violation of the requirements under Section 5(2) of A.M. No.
02-11-10-SC or the Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages;

3. Facts and other matters admitted by the parties

a. That Petitioner Beth B. Loggins and Respondent Jack A. Collins met in St.
Andrews Field National High School in June 2007 where Respondent was
then a math professor assigned to the fourth year level, while Petitioner
was then his student;
b. That immediately after graduation, Petitioner and Respondent married in
civil rights at Makati City on July 1, 2008 before Judge Richard Von L. De
Castro of RTC Branch 173 of Makati City;
c. That at the time of the marriage, Respondent was twenty-six (26) years
old, while Petitioner was eighteen (18) years old;

4. Issues to be tried
a. Respondent submits that the following issues put forward by Petitioner are
subject to proof:
i. That Plaintiff and Respondent forged the signatures of Spouses
Loggins;
b. Respondent submits that the following issues he put forward are subject to
proof:
i. That Petitioner has no legal capacity to file the Petition for
Annulment of Marriage;
ii. That the petition states no cause of action;
iii. Respondents entitlement to the amount of one hundred thousand
pesos (P100,000.00) claimed as moral damages;
iv. Respondents entitlement to other damages.

5. Evidence
a. Respondent intends to present the following witnesses:
i. Civil Registrar Josh Angustia, the Local Civil Registrar of Makati
who issued Marriage License No. 456728 on June 15, 2008, to
establish that Alberto Y. Loggins gave his consent, properly
manifested in writing in the form of an affidavit; (JOSH, please
make AFFIDAVIT for this. See Art. 14 & 16 of Family Code; par.
5 of Complaint; par. 4&6 of our Answer. Imbento ka na. Read

the whole complaint and whole answer so you wont get

carried away sa kaka imbento.)
ii. Judge Richard Von L. De Castro of Makati RTC Branch 173, to
establish the voluntariness of the execution of the marriage, and
the presence of Alberto Y. Loggins and his lack of objection;
(PAUL, please make AFFIDAVIT for this. See par. 6 of
Complaint, par. 5 of Answer. Imbento ka na. Read the whole
complaint and whole answer so you wont get carried away sa
kaka imbento.)
iii. Karla Loggins-Rocas, Petitioners sister, to establish that she
attended the marriage ceremony which took place on July 1, 2008,
and that she was with Alberto Y. Loggins; (OLIVE, please make
AFFIDAVIT for this. Read the whole complaint and whole
answer so you wont get carried away sa kaka imbento.)
b. Petitioner intends to present the following documentary evidence:
i. Alberto Y. Loggins affidavit dated June 4, 2008; (we have this na)
ii. Application for marriage license of Petitioner and Respondent dated
June 5, 2008; (we have this na)
iii. Petitioners birth certificate to prove her age at the time of the filing
of her Petition (JUNJUN, she has to be 20 at the time she filed
the petition and up to now. Check the complaint nlng. Read
the whole complaint and whole answer so you wont get
carried away sa kaka imbento.)
iv. CID, dagdag ka pa ng documentary evidence please. I dont
know what else we can show.

6. Resort to Discovery
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.
7. Available Trial Dates
a. December 2010-January 2011, at any day convenient.

RESPECTFULLY SUBMITTED.
Makati, January 2, 2011.
ANGUSTIA, BALDAGO, GARCIA, MALLILLIN
& MANALOTO
Counsel for the Respondent
1 Rockwell Drive, Rockwell Center
Makati City
0919-2346287
By:

ATTY. KATHRYN M. MANALOTO

IBP OR No. 1234567, 11-22-10 for CY
2010, Makati City
PTR-MKT 7654321, 22-11-10,
Makati City
MCLE III-No. 91186/ 11/15/2010/Makati
City
Roll No. 51387

Copy furnished:
ATTY. MARIA LUISA ISABEL L. ROSALES
Counsel for Petitioner
Rosales, Arabia, Domingo, Ingles, Tan
Law Offices
24 Rockwell Drive, Makati City
Atty. Jhoanna Corona
Notary Public for Makati City
Commission No. 1233222
Issued on 012710 until 123110
IBP Lifetime No. 64553/Makati
City/073007
PTR No. 75345/Makati City/022710