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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
PRE–TRIAL 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;

00) claimed as moral damages. 2008 before Judge Richard Von L. please make AFFIDAVIT for this.ii. par. See Art. That Petitioner has no legal capacity to file the Petition for Annulment of Marriage. 5.000. Loggins appearing in the affidavit is not a forgery and was made by him voluntarily and of his own free will. Respondent’s entitlement to the amount of one hundred thousand pesos (P100. while Petitioner was then his student. Respondent was twenty-six (26) years old. Loggins and Respondent Jack A. Evidence a. Collins met in St. par. b. 456728 on June 15. That immediately after graduation. Petitioner and Respondent married in civil rights at Makati City on July 1. Issues to be tried a. That the signature of Alberto Y. d. while Petitioner was eighteen (18) years old. c. 5 of Complaint. Loggins gave his consent. 3. That the Petition for Annulment of Marriage does not specify the regime governing the property relations of the spouses. ii. Imbento ka na. That Plaintiff and Respondent forged the signatures of Spouses Loggins. No. iii. That Petitioner Beth B. Andrew’s Field National High School in June 2007 where Respondent was then a math professor assigned to the fourth year level. That at the time of the marriage. 4. in violation of the requirements under Section 5(2) of A. Respondent’s entitlement to other damages. the Local Civil Registrar of Makati who issued Marriage License No. Facts and other matters admitted by the parties a. 02-11-10-SC or the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages. b. (JOSH.M. Read . Respondent submits that the following issues he put forward are subject to proof: i. Respondent submits that the following issues put forward by Petitioner are subject to proof: i. De Castro of RTC Branch 173 of Makati City. properly manifested in writing in the form of an affidavit. Respondent intends to present the following witnesses: i. Civil Registrar Josh Angustia. to establish that Alberto Y. as well as the properties involved. iv. 4&6 of our Answer. 14 & 16 of Family Code. 2008. That the petition states no cause of action.

Loggins. she has to be 20 at the time she filed the petition and up to now. Petitioner intends to present the following documentary evidence: i. ANGUSTIA. Makati. (we have this na) iii. Read the whole complaint and whole answer so you won’t get carried away sa kaka imbento. I don’t know what else we can show. please make AFFIDAVIT for this. to a concrete and reasonable request for discovery from Petitioner. and the presence of Alberto Y. Loggins’ affidavit dated June 4. December 2010-January 2011. Respondent does not intend to avail of discovery at this time. Respondent reserves the right to resort to discovery before trial. to establish the voluntariness of the execution of the marriage.) ii. 2008. (we have this na) ii.) iii. Subject. 2008. Available Trial Dates a. Read the whole complaint and whole answer so you won’t get carried away sa kaka imbento. January 2. however. See par. Rockwell Center Makati City 0919-2346287 By: . Considering the relatively simple issues presented. De Castro of Makati RTC Branch 173. b. Imbento ka na. and that she was with Alberto Y. Resort to Discovery a. 2011. Read the whole complaint and whole answer so you won’t get carried away sa kaka imbento. Judge Richard Von L. (PAUL. GARCIA. at any day convenient. Loggins and his lack of objection. Application for marriage license of Petitioner and Respondent dated June 5. Karla Loggins-Rocas.the whole complaint and whole answer so you won’t get carried away sa kaka imbento. MALLILLIN & MANALOTO Counsel for the Respondent 1 Rockwell Drive. please make AFFIDAVIT for this. Alberto Y. 5 of Answer.) b. BALDAGO. RESPECTFULLY SUBMITTED. to establish that she attended the marriage ceremony which took place on July 1. Petitioner’s sister.) iv. 2008. Check the complaint nlng. 6 of Complaint. 6. Petitioner’s birth certificate to prove her age at the time of the filing of her Petition (JUNJUN. 7. (OLIVE. CID. par. dagdag ka pa ng documentary evidence please.

MANALOTO IBP OR No. MARIA LUISA ISABEL L. Arabia. Tan Law Offices 24 Rockwell Drive. 11-22-10 for CY 2010. 22-11-10. KATHRYN M. Makati City Atty. Makati City MCLE III-No. Jhoanna Corona Notary Public for Makati City Commission No. 64553/Makati City/073007 PTR No. Makati City PTR-MKT 7654321. Domingo. 91186/ 11/15/2010/Makati City Roll No. Ingles. 51387 Copy furnished: ATTY. 75345/Makati City/022710 . 1233222 Issued on 012710 until 123110 IBP Lifetime No.ATTY. 1234567. ROSALES Counsel for Petitioner Rosales.