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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL


10th JUDICIAL REGION
Branch No. 37
XXX XXXX
Petitioner.
-versus-

For: Annulment of
Marriage
Civil Case No. 2013 - 1234

XXX XXXX
Respondent.
x --------------------------------------------- x

PRETRIAL BRIEF FOR THE PETITIONER


PETITIONER, by counsel, respectfully submits her Pre-Trial Brief,
as follows:
1. Brief statement of claims
Petitioner seeks to annul her marriage with respondent based
on the following grounds:
i. Respondent, at the time of their marriage, suffered
from impotence and is physically incapable of
consummating the marriage with the Petitioner and
such incapacity continues and appears to be
incurable under Article 45 (5) of the Family Code of
the Philippines;
ii. The impotence and physical incapacity to
consummate the marriage existed at the time of the
celebration of the marriage between the Petitioner
and the Respondent and it has been present and
rooted in the past history of Respondent antedating
the marriage; and
iii. Respondent constantly refused to establish a family
and to perform his essential marital obligation under
Article 68 of the Family Code of the Philippines.

2. Facts and other matters admitted


a. That Petitioner and Respondent were classmates in the
College of Law during the academic year of 2002-2003,
where they met and known each other; that they became
sweethearts on February 14, 2007; and that Respondent
proposed for marriage on December 2007;
b. That Petitioner and Respondent were married on 3
August 2008 in Misamis Oriental in civil rites before the
Honorable Juan S. de la Cruz, the then Municipal Mayor
of said municipality;
c. That Petitioner and Respondent have been separated in
fact for about one (1) year and seven (7) months now,
since December 2011 up to present, when Respondent
left the conjugal home in, Cagayan de Oro City;
d. That at the time of the marriage, both parties where
twenty-six (26) years old;
e. That the parties did not enter into any marriage settlement
before their marriage, the system of absolute community
of property governs their property relations. However,
during their union, the parties did not acquire any real
properties.

3. Issues to be tried:
Petitioner submits that the following issues she puts forward are
subject to proof:
a. That the Respondent is impotent; and
b. That the Respondent failed to comply with his essential
marital obligations.

4. Evidence

a. Petitioner intends to present the following witnesses:


i. XXX XXXX, Petitioner, to establish the facts of the
marriage; her willingness to consummate the
marriage; and Respondents failure to comply with
his essential marital obligations on the ground of
impotency;
ii. Dr. XXX XXXX., Petitiioners Obstetrician,
establish the potency of Petitioner.

to

b. Petitioner intends to present the following documentary


evidence:
i. Petitioners birth certificate to prove her legal
capacity to enter into the contract of marriage;
ii.

Petitioner and Respondents marriage contract to


establish the fact of the marriage;

iii. Petitioners medical records to prove petitioners


potency and virginity.

5. Resort to Discovery
a. Considering the relatively simple issues presented,
Petitioner does not intend to avail of discovery at this
time.
b. Subject, however, to a concrete and reasonable request
for discovery from the Respondent, Petitioner reserves
the right to resort to discovery before trial.

6. Available Trial Dates


July 2013 August 2013, at any day convenient.

RESPECTFULLY SUBMITTED.

Cagayan de Oro City, July 15, 2013.

By:

ATTY. XXX XXXX


IBP No. 435523, 12-21-12 (for 2012), Mis Or
PTR No. 621935, 12-21-12 (for 2012), Mis Or
Roll No. 89383
TIN 921-101-010
MCLE Compliance No. III-0002993, 12-24-12
Mobile No. 09171234567

Copy Furnished:
ATTY. XXX XXXX
CITY PROSECUTOR
Office of the City Prosecutor
Hall of Justice, Cagayan de Oro City
SOLICITOR GENERAL
Office of the Solicitor General
134 Amorsolo St. Legazpi Village
Makati City, Metro Manila
ATTY. XXX XXXX
XXX XXXX and XXX XXXX Law Offices
2/F High Tower Bldg, Pabayo-Chavez Sts.,
Cagayan de Oro City