Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
BRANCH ____
San Fernando City, La Union

________________________,
Petitioner.
Civil Case No. ________

- versus - For:

Declaration of Absolute
Nullity of Marriage
________________________,
Respondent.
x--------------------------------------------------x

PRE-TRIAL BRIEF FOR THE PETITIONER

COMES NOW, the Petitioner, through the undersigned Counsel and

to this Honorable Court, most respectfully submits his Pre-Trial Brief, to
wit:

STIPULATION OF FACTS FOR ADMISSION

1. Identity of the parties and their capacity to sue and be sued;

2. The fact that petitioner and respondent were married on August 20,
2003, at San Fernando City, La Union;
3. That Petitioner and Respondent begot three (3) children, named
___________________________ who were born on October 20, 2003 at San
Fernando City, La Union, December 22, 2005 at
__________________________, respectively;
4. That Petitioner and Respondent have not acquired any property which
may be considered conjugal; and
5. That Respondent has not filed his Answer to the above-entitled case.

ISSUE
Whether or not the marriage of Petitioner and Respondent is null and
void ab initio on the ground of psychological incapacity on either party or
both of them to perform the essential obligations of marriage.
 WITNESSES AND NATURE OF THEIR TESTIMONIES
Petitioner shall be presenting at least four (4) witnesses, including
himself, who shall be testifying on the allegations in his petition and the
documents to be presented.

DOCUMENTARY EXHIBITS

1. Certificate of Marriage as Exhibit “A”

2. Certificate of Live Birth as Exhibit “B”;
3. Certificate of Live Birth as Exhibit “C”;
4. Certificate of Live Birth as Exhibit “D”
3. Notice of Appearance of the Solicitor General as Exhibit “E”;
4. Deputation of the Public Prosecutor as Exhibit “F”;
5. Collusion Investigation Report as Exhibit “G”;
6. Psychiatric Evaluation Report as Exhibit “H”; and
7. Special Power of Attorney as Exhibit “I”;

APPLICABLE LAWS AND JURISPRUDENCE

Article 36 of the New Family Code and other provisions thereof

relative to marital obligations and other matters touched in the petition.

AVAILABLE TRIAL DATES

To be fixed during the pre-trial after consultation with the parties and
the calendar of this Honorable Court.

San Fernando City, La Union, December 27, 2017.

ATTY. _________________

Copy furnished:
Asst. Provincial Prosecutor - By Personal Service
Provincial Prosecutor’s Office
San Fernando City, La Union