Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Davao City
Branch 6

ANTHONY A. MERCADO
Petitioner,

- versus - Civil Case No.: ___________

For: Declaration of Nullity of
Marriage

MARTHA KAYE C. ANTONIO-

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

PRE-TRIAL BRIEF

PETITIONER by the undersigned counsel and unto this

Honorable Court most respectfully states:

STATEMENT OF THE FACTS

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 November
07, 2014;
3. The child was born in wedlock;
4. That 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

1. Petitioner will be testifying on the allegations in the Petition and

will present documentary evidence.

2. The Clinical Psychologist who will testify on the psychological

evaluation done on both petitioner and respondent.

NUMBER OF WITNESSES TO BE PRESENTED

1. 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:

Davao City, Philippines, 06, March 2020.

SANTOALLA and Associates Law Offices

Counsel for the Petitioner
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City
Tel. Nos.: (082) 282-3662
ssantoalla@yahoo.com

By:
Sgd.
ATTY. STEPHANIE M. SANTOALLA
Notary Public
Notary Public for Davao City, Philippines
IBP NO. 071717, 12/12/19, Davao City
PTR NO. 071717, 12/12/19, Davao City
ROLL ATTORNEY NO. 11077
MCLE Comp. No. IV-0004785, 3/2/19
Doors 5 & 6, Tropicana Building,
J.P. Laurel Avenue, Lanang, Davao City

Copy furnished:
Office of the City Prosecutor ------------------- Personal Service
Davao 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/Mercado/Pre-trial Brief.