Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 108
Pasay City

CATALINO “LINO” BARTOLOME

Petitioner,

CIVIL CASE NO. RTC-PSY-1022-16

-versus- FOR: Declaration of Nullity
of Marriage

JADE FLORES-BARTOLOME
Respondent.
x---------------------------------------------x

MANIFESTATION AND MOTION FOR THE CONDUCT OF COLLUSION

INVESTIGATION AND TO SET CASE FOR PRE-TRIAL AND INITIAL
PRESENTATION OF PETITIONER’S EVIDENCE

COMES NOW the Petitioner, CATALINO “LINO” BARTOLOME,

through the undersigned counsel and unto this Honorable Court,
submits this Manifestation and Motion for the consideration of this
Honorable Court and states that:

1. In compliance with Section 5 (4) of A.M. 02-11-10-SC, the

Petitioner respectfully submits the following documents as
proof of service of the copy of the Petition to the following
parties:

a. OFFICE OF THE CITY PROSECUTOR – Personal Service on

June 30, 2016. Original Copy of Stamp Receipt is
attached in the instant Petition, forming part of the
Records;

b. JADE FLORES-BARTOLOME – Service by Registered Mail

Registry Receipt Number: RD 111 222 333 ZZ on June 30,
2016. Original Copy of Registry Receipt is attached in the
instant Petition, forming part of the Records;

c. OFFICE OF THE SOLICITOR GENERAL - Service by

Registered Mail Registry Receipt Number: RD 111 222
 343 ZZ on June 30, 2016. Original Copy of Registry
Receipt is attached in the instant Petition, forming part
of the Records.

d. Affidavit of Service – executed by Nikki Mass Castro

attesting to the fact of service of the instant Petition by
registered mail and/or by personal service. The copy of
which is attached in the Petition, forming part of the
Records;

2. Further, the instant Petition was received by the above-named

parties as evidenced by the Registry Return Receipt
Card/Acknowledgment Letter as follows:

a. Registry Return Receipt Card of Registered Mail RR No.

RD 111 222 333 ZZ – JADE FLORES-BARTOLOME,
received on July 15, 2016;

b. Registry Return Receipt Card of Registered Mail RR No.

RD 111 222 343 ZZ – OFFICE OF THE SOLICITOR
GENERAL, received on July 12, 2016.

The original copy of which is hereto attached and made

integral part hereof as ANNEXES “A”, and “B”,
respectively.

3. In addition hereto, that on July 7, 2016, Order dated July 05,

2016 and Summons together with the copy of the Petition and
its Annexes were personally served by the Process Server of
this Honorable Court to the herein Respondent in her last
known address at 148 Brgy. Tandang Sora, Quezon City, Metro
Manila who acknowledged the receipt thereof and hence, said
Order and Summons are respectfully returned to the
Honorable Court “DULY SERVED”. A copy of Sheriff’s Return
of Service dated July 8, 2016 is already in the Records of the
case;

4. It shows in this case that the Respondent has a period of

fifteen (15) days from July 7, 2016 or until July 22, 2016 to file
her Answer before the Honorable Court in accordance with
Sec. 1, Rule 11 of the Rules of Court;

5. That on August 03, 2016, the Petitioner, through the

undersigned counsel received the copy of the Answer dated
July 20, 2016;
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 6. That no Reply has made by the Petitioner within the time
allowed under Rule 11 of the Rules of Court;

7. 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;

8. That Petitioner submits herself for an investigation for possible

collusion and moves that an Order be issued directing the
Office of Solicitor General through the Provincial Prosecutor to
conduct an investigation for possible collusion of parties;

8. The Petitioner, through the undersigned counsel is now

submitting to this Honorable Court its full compliance with the
Section 5 (4) of A.M. 02-11-10-SC, in relation to the instant
Petition.

9. Finally, Petitioner prays that an Order directing the conduct of

collusion investigation be issued, thereafter, the case be set for
pre-trial in accordance with Section 1, Rule 18 of the Rules of
Court.

PRAYER

WHEREFORE, premises considered, it is prayed that this

Manifestation be NOTED by this Honorable Court, and that AN
ORDER BE ISSUED directing the conduct of collusion investigation.

Further, petitioner prays that the case BE SET FOR PRE-TRIAL

AND INITIAL PRESENTATION OF PETITIONER’S EVIDENCE at the
earliest date in the calendar of this Honorable Court.

Other reliefs, just and equitable under the premises, are

likewise prayed for.

RESPECTFULLY SUBMITTED.

City of Manila for Pasay City, Metro Manila. June 30, 2016.

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 REFUGEES LAW OFFICE
Counsel for the Petitioner
Room 202, 3As and E Building
Taft Avenue, Malate,
Manila
Contact No.: (02) 748 2512
E-mail: refugeesatlaw@gmail.com

ATTY. FRANCISCO JEREMIAH

SANTOS GONZALES
Roll of Attorneys No. 55292
PTR No. 541246 / 01.09.16/ Manila,
IBP No. 976400/ 01.09.16 (for 2016) /
Manila
MCLE Compliance No. IV-004522
Dated 04/12/2016 / Pasig City

ATTY. PRINCESS RUTH BUSTAMANTE

ADRIANO
Roll of Attorneys No.63254
PTR No. 451258 / 01.10.16/ Manila,
IBP No. 984512/ 01.15.16 (for 2016) /
Manila
MCLE Compliance No. III- 015123
Dated 04/12/2016 / Pasig City

Copy Furnished (By Registered Mail):

JADE FLORES-BARTOLOME
Respondent
148 Brgy. Tandang Sora
Quezon City, Metro Manila

OFFICE OF THE
SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village,
Makati City

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OFFICE OF THE CITY
PROSECUTOR OF PASAY CITY
Hall of Justice, Pasay City Hall Compound
Pasay City, Metro Manila

EXPLANATION

Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil

Procedure, undersigned counsel informs this Honorable Court that
personal service of Manifestation and Motion is not practicable due
to unavailability of messengerial personnel. Hence, it is being served
by registered mail.

Atty. FRANCISCO JEREMIAH SANTOS GONZALES