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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
CITY OF _______________
BRANCH _____

_____________________,
Petitioner,
- versus - CIVIL CASE NO. ___________
FOR: DECLARATION OF
NULLITY OF MARRIAGE

______________________,
Respondent.
_____________________________________________________________
________

PRE-TRIAL BRIEF
FOR THE PETITIONER

Petitioner _________________, through the undersigned

counsel, and unto this Honorable Court most respectfully
alleges that:

AMICABLE SETTLEMENT

Considering that the only issue is the nullity of marriage

and no other issues are present, there is no room for any
Amicable Settlement between the parties.

BRIEF STATEMENT OF FACTS

In view of the foregoing, it can be said that there is

absence of the essential requisite of marriage of consent of one
of the contracting parties, and the absence of the formal
requisite of marriage ceremony and marriage license. The
absence of these requisites makes the marriage void ab initio
in accordance with the Family Code of the Philippines.

FACTS FOR STIPULATION

1. Authenticity and Due Execution of the certification from

the Local Civil Registrar of Lanao Del Norte dated July
06, 2013;
2. Authenticity and Due Execution of the certification from
the Punong Barangay of Mizamis dated August 20, 2010.
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ISSUE

I. WHETHER OR NOT the marriage between the parties is

null and void by reason of the lack of the formal and essential
requisites of marriage pursuant to Article 2 and 3 of the
Family Code of the Philippines.

DOCUMENTS FOR MARKING

Subject to the reservation to mark additional evidence

when the need arises in the course of the trial, the following
are the Documentary Exhibits of the Petitioner, to wit:

1. Petition [Exhibit “A”];

2. Proof of Service to the Office of the Solicitor General
[Exhibit “A-1”];
3. Proof of Service to the Office of the City Prosecutor of
Parañaque City [Exhibit “A-2”];
4. Certification of Indigency from Barangay San Dionisio
[Exhibit “B”];
5. Certificate of Indigency [Exhibit “C”];
6. Notice of Appearance and Delegation of Authority by the
Office of the Solicitor General [Exhibits “D” and “D-1”,
respectively];
7. Certificate of Marriage between the parties dated July 18,
2005 and Marriage License No, 4566840 [Exhibit “E” and
“E-1”, respectively];
8. Order of Publication dated January 31, 2013 [Exhibit
“F”];
9. Affidavit of Publication executed on February 20, 2013
[Exhibit “G”];
10. The Access Weekly Newspaper dated February 13, 2013,
page 4 thereof, and the column where the order was
printed in page 4 [Exhibit “H”, “H-1”, and “H-2”
respectively];
11. The Access Weekly Newspaper dated February 20, 2013,
page 4 thereof, and the column where the order was
printed in page 4 [Exhibit “I”, “I-1”, and “I-2”];
12. Collusion Investigation Report [Exhibit “J”];
13. Misamis University School of Nursing Performance
Checklist dated July 18, 2005 consisting of 2 pages
[ Exhibit “K” and “K-1” respectively];
14. Certification from the Local Civil Registrar of Lanao Del
Norte dated July 06, 2013 and the receipt for the
certification [Exhibit “L” and “L-1”];
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15. Affidavit of Mario Torres [Exhibit “M”];

16. Affidavit of Cherry I. Torres [Exhibit “N”];
17. Order of the Honorable Court RTC Branch 194 dated
November 29, 2012 [Exhibit “O”];
18. Certification from the Office of the Punong Barangay of
Mizamis dated August 20, 2010 [Exhibit “P”];

WITNESSES

1. Petitioner herself will testify as to the truth of the

matters stated in the Petition;
2. Mario E. Torres will testify to corroborate the story
of the petitioner on material points;
3. Jerelyn Jean Dongallo will testify that she was a
friend of petitioner and testify regarding their stay
in University of Mizamis; and;
4. Chris Lobregas will testify that he was the instructor of
petitioner and that petitioner had her exam on July
18, 2005;
5. Corroborative Witnesses.

MODES OF DISCOVERY

Petitioner intends to avail of the modes of discovery

provided under the rules in the course of the proceedings.

APPLICABLE LAWS AND JURISPRUDENCE

1. Article 2, 3, and 4 of The Family Code of the

Philippines;
2. Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages (A.M.
02-11-10-SC);
3. Cariño vs. Cariño, 403 Phil 861, 869 (2001);
4. Syed Azhar Abbas vs, Gloria Goo Abbas, G.R No.
183896, January 13, 2013.

TRIAL DATES

Subject to the available trial dates convenient to the

Court’s calendar.

City of _________________, September 09, 2013.

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Copy furnished:

Office of the City Prosecutor (Personal Service)

rd
3 Flr. Parañaque City Hall, Parañaque City

Office of the Solicitor General Reg. Receipt No. _________

134 Amorsolo Street, Date :September ___, 2013
Legaspi Village, Makati City

EXPLANATION

Due to distance, time constraints and lack of personnel

to effect personal service, copy of this Pre-trial Brief was
served through registered mail.