Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
San Juan City
Branch 162

BHENJO C. BERNARDO
Petitioner,

- versus - JDRC No.8364-51

For: Declaration of Nullity of Marriage

GRETCHEN B. GENOVEZA-BERNARDO,
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 both respondent and petitioners are clinically found to be
psychologically incapacitated to comply with the essential requisites of marriage
identified as Narcissistic Personality Disorder with Anti-Social Traits while
respondent is suffering with Histrionic Personality Disorder; c) that the root cause of
such illness is traced from their 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.

Petitioner likewise alleges that a child was born in wedlock and their de-facto
separation which culminated from petitioner’s frustration of respondent’s mercurial
change of disposition, abusive and manipulative conduct, immaturity, excessive
spending and adulterous conduct. That respondent failed to give love, emotional
support and fidelity to the marriage.

PROPOSED STIPULATION OF FACTS

1. The identity of parties as petitioner and respondent;

2. The fact of marriage, parties having been married on December 02, 2002 ;
3. The a child was born in wedlock;
4. The no property was acquired by both spouses; and,
5. Their de-facto separation and the absence of cohabitation between the
spouses.

LIST OF DOCUMENTARY EVIDENCE

1. Marriage Contract ----Exhibit "A"

2. Birth Certificate of child-----Exhibits "B"
03.The Psychological Report-----Exhibit "C”

ABSTRACT OF TESTIMONIES

Petitioner will be testifying on the allegations in the Petition and will present
documentary evidence.
 Page 02.

The Clinical Psychologist who will testify on the psychological evaluation

done on both petitioner and respondent.

NUMBER OF WITNESSES TO BE PRESENTED

Petitioner and at least two (2) witnesses.

ADMISSIONS

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

matters.

APPLICABLE LAWS AND JURISPRUDENCE

Provisions on the Family Code.

ISSUES

Whether or not respondent is psychologically incapacitated to comply with the

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

AVAILABILITY FOR TRIAL

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

Respectfully Submitted:

Quezon City. October 21, 2009.

MARIA LOURDES PAREDES-GARCIA

Counsel for Petitioner
Wheels Executive Suites
Wheels Bldg., E. Rodriguez Sr. Ave.,
Quezon City
IBP No. 764814 dtd. 01-07-09Pasig City
PTR No. 5448574 /01/14/09/ Rizal
Roll No. 33476
MCLE Compliance II – 0009328
Dtd. March 27, 2008

Copy furnished:
Office of the City Prosecutor ------------------- Personal Service
Quezon City

Office of the Solicitor General ----------Registered Mail w/ Return Card

135 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.

Docs/My Cases/Family/Bernardo/Pre-trial Brief