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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
PASAY CITY
BRANCH __

MARIE VITO-CRUZ,
Petitioner,

Civil Case No. R-PSY-16-27777-CV


-versus- For: Declaration of Nullity of
Marriage under Art. 36 of the
Family Code

DEXTER C. CRUZ,
Respondent.

x-----------------------------------x

EX- PARTE MOTION


TO INVESTIGATE FOR COLLUSION OF THE PARTIES
AND TO SET CASE FOR PRE-TRIAL

COMES NOW, the petitioner through undersigned counsel, unto this Honorable
Court most respectfully states:

1. That a petition for Nullity of Marriage was filed in this court on January 18, 2016;

2. That on February 5, 2016, summons has been duly served to the respondent
through substituted service, attached as Annex A is the copy of the Sheriffs
Return of Summons;

3. That the 15-day period within which the respondent is supposed to file her
answer lapsed on February 20, 2016. That until now, April 18, 2016 no answer
was filed by the respondent and therefore an order for investigation of collusion
is proper;
4. That pursuant to Sec 3(e), Rule 9 of the 1997 Rules of Civil Procedure and in
relation to Art. 48 of the Family Code and Sec. 8 and 9, Rule on Declaration on
Absolute Nullity of Void Marriage, the state will conduct its investigation whether
or not a collusion of the parties exists and to intervene in behalf of the state in
order to see that evidence is not fabricated or suppressed.

5. That petitioner submits himself for an investigation for possible collusion and
moves that an Order be issued directing the Office of Solicitor General through
the City Prosecutor to conduct an investigation for possible collusion of parties.

6. Likewise, petitioner moves that this case be set for pre-trial upon receipt of the
report of the public prosecutor that no collusion exists between the parties.

7. Under paragraph 3 of section 9 of A.M. No. 02-11-10-SC: (1) Pre-Trial mandatory.


a Pre-Trial is mandatory. On motion or motu proprio, the court shall set the
pre-trial after the last pleading has been served and filed, or upon receipt of the
report of the public prosecutor that no collusion exists between the parties.

WHEREFORE, premises considered, petitioner moves that an Order be issued


directing the Office of Solicitor General through the City Prosecutor to conduct an
investigation for possible collusion of parties and upon receipt of the report of the public
prosecutor that no collusion exists between the parties, an order be issued setting this
case for pre-trial.
.

Pasay City, Philippines, April 18, 2016.

THE LAW OFFICE OF ATTY. ANNALIZA


G. ESPERANZA
Counsel for the Petitioner

Room 105, Ground Floor, JGG Building,


Pasadena Street, Pasay City

By:
ATTY. ANNALIZA G. ESPERANZA

PTR No.
IBP No.
MCLE Compliance:
Roll No.

Copy Furnished:

The Solicitor General

Office of the Solicitor General

134 Amorsolo St., Legaspi Village

1229 Makati City

Registry Receipt No. _________

Date: ________

Office of the City Prosecutor

Hall of Justice, Pasay City

Notice of Hearing

The Clerk of Court

OSG, City Prosecutor

Please submit this motion for the consideration of the Honorable Court without need for
further hearing in view of the above circumstances.
ATTY. ANNALIZA G. ESPERANZA