Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 20
Cebu City

Jefferson Cruz Ferrer,

Petitioner,

Civil Case No. CV-1004

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

Cynthia Manalo-Ferrer,

Respondent,
x----------------------x

PRE-TRIAL BRIEF

PETITIONER by the undersigned counsel and unto this Honorable Court

most respectfully states:

STATEMENT OF THE FACTS AND OF THE CASE

This is an action for Declaration of Nullity of Marriage under Articles 36 & 68

of the New Family Code.

Petitioner alleges in his Petition, viz:

a) that petitioner and respondent are husband and wife;
b) that the respondent is clinically found to be psychologically incapacitated to
comply with the essential requisites of marriage identified as Histrionic
Personality Disorder;
c) that the root cause of such illness is traced from the respondent's respective
childhood;
d) such illness is diagnosed to be grave and incurable;
e) that such illness existed prior to the marriage and became apparent at the
time of the marriage;
f) that the respondent had an intrauterine fatal demise due to poor condition of
her pregnancy;
g) respondent has manipulative nature and constant lying; and
h) that respondent failed to give love, emotional support and fidelity to the
marriage.

POSSIBILITY OF AMICABLE SETTLEMENT

a. Subject to concrete proposal that is fair and reasonable, and a reciprocal

manifestation of openness from the Respondent, Petitioner is open to settle
this dispute amicably or undergo alternative dispute resolution.

b. Petitioner respectfully submits that the desired terms of any amicable

settlement would involve the dismissal of the petition for lack of merit.
 PROPOSED STIPULATION OF FACTS

1.The identity of parties as petitioner and respondent;

2.The fact of marriage, parties having been married on June 4, 2012 ;
3.The a respondent was pregnant and had an intrauterine demise;
4.The no property was acquired by both spouses; and,
5.Their de-facto separation and the absence of cohabitation between the
spouses.
6. That respondent denies all the allegations of the Petitioner.

ISSUES TO BE TRIED OR RESOLVED\

Whether or not respondent is psychologically incapacitated to comply with

essential requisites of marriage which is a valid ground under Art. 36 and 68 of the
Family Code to declare the marriage a nullity.

LIST OF DOCUMENTS OR EXHIBITS TO BE PRESENTED

1. Certified photocopy of the Marriage Contract----- ---- Exhibit "A"

Purpose: To prove the existence of the marriage between the petitioner and the
respondent
a. The signature appearing above the printed name Jefferson Cruz Ferrer to
be marked as Exhibit A-1
b. The signature appearing above the printed name Cynthia Manalo-Ferrer to
be marked as Exhibit A-2.
c. The signature appearing above the printed name Mayor Alicio Montemayor
to be marked as Exhibit A-3

2. Certified photocopy of the Death Certificate of the Child -----Exhibits "B"

Purpose:To prove the fact of death of their unborn child and for the cause of death
thereof

3. Certified photocopy of the Psychological Report------ Exhibit"C”

Purpose: to prove that the respondent is clinically found to be psychologically
incapacitated to comply with her marital obligations due to her Histrionic
Personality Disorder which is grave, serious ans incurable

4. Petitioner reserves the right to present other documents that may be necessary
during the course of trial.

A MANEFISTATION OF HAVING AVAILED OF THEIR INTENTION TO AVAIL

DISCOVERY PROCEDURE OR REFERRAL TO A COMMISIONER

1. Considering the issues presented, Respondent does not intend to avail of

discovery at this time.

2. Subject, however, to concrete and reasonable request for discovery of the

Petitioner , Respondent reserves the right to discovery before trial.

NUMBER OF WITNESSES TO BE PRESENTED

Petitioner and at least two (2) witnesses, to wit:

1. Jefferson Cruz Ferrer, petitioners
2. Dr. Margie L. Sy, clinical psychologist
 ABSTRACT OF TESTIMONIES OF THE WITNESSES

Petitioner will be testifying on the allegations in the Petition and will present
documentary evidence. The Clinical Psychologist will testify on the psychological
evaluation done on both petitioner and respondent.

Petitioner Jefferson Cruz Ferrer, reserves the right to present any and all
documentary evidence, which shall become relevant to rebut the respondent's
witnesses', if necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. Provisions on the Family Code.

2. Applicable laws and jurisprudence relevant on the matter.

ADMISSIONS

Outside of the matters alleged, petitioner is not inclined to admit further

matters.

AVAILABILITY FOR TRIAL

Counsel will be available for trial on dates convenient with this Honorable
Court.

Respectfully Submitted to this Honorable Court:

25 January 2019. Cebu City, Philippines

Atty. Lady Lou G. Angot

Counsel for Petitioner
503 Club Ultima Tower II
Jones Avenue, Cebu City
IBP No. 227745
PTR No. 98782
Roll No. 24309
MCLE Exempt- Admitted in 2017

Copy furnished:

Atty. Joey Ann Colipano ----------------------- Personal Service

Counsel for the Respondent
Cebu City

Office of the City Prosecutor ------------------Personal Service

Cebu City
Office of the Solicitor General ----------------Registered Mail w/ Return Card
134 Amorsolo St., Legaspi Vill.,
Makati, City

EXPLANATION

Pursuant to the Provision of Rule 13, Section 11 of the 1997 Rules in Civil Procedure as
Amended, undersigned submits this Explanation that the service of this Pre- Trial was to Office of the
Solicitor General by Registered Mail instead of personal serve in view of lack of manpower.

Note: The red markings mean that I am not sure if sakto. Doubtful
pud ko if willing ta mu amicable settlement. Please add or edit
some.