Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Makati City
Branch 1

LIGAYA N. DE GUZMAN
Petitioner,

- versus - Civil Case No. 92851

For: Declaration of Nullity of Marriage

RONALD B. DE GUZMAN,
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 and 68

of the New Family Code.

Petitioner alleges in her Petition, viz: a) that petitioner and respondent are
husband and wife; b) that respondent is clinically found to be psychologically
incapacitated to comply with the essential requisites of marriage identified as
Narcissistic 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 July 31, 2013 ;
3. The a child was born in wedlock;
4. The no property was acquired by both spouses;
5. Their de-facto separation between the spouses;
6. The respondent’s failure to love petitioner;
7. The respondent’s failure to support their child;
8. The respondent’s acts of infidelity

LIST OF DOCUMENTARY EVIDENCE

1. Marriage Certificate ----Exhibit "A"

2. Birth Certificate of child-----Exhibit "B"
3. The Psychological Report-----Exhibit "C”
 ABSTRACT OF TESTIMONIES

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

The Clinical Psychologist who will testify on the psychological evaluation done
on respondent.

NUMBER OF WITNESSES TO BE PRESENTED

Petitioner and at least three (3) 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:

Makati City. October 28, 2019.

Atty. YZA MARIE T. MENDIOLA

Counsel for Petitioner
20f Citi Tower, Valero Street
Brgy. Bel-air, Makati City
IBP No. 83843 dtd. 06-15-12 Makati City
PTR No. 6453722 / 06/15/12/ Makati
Roll No. 42842
MCLE Compliance II – 0008392
Dtd. March 27, 2019

Atty. LOISY JUGUAN

Counsel for Petitioner
20f Citi Tower, Valero Street
Brgy. Bel-air, Makati City
IBP No. 83957 dtd. 09-15-12 Makati City
PTR No. 6453982 / 09/15/12/ Makati
Roll No. 42909
MCLE Compliance II – 0008587
Dtd. August 27, 2019

Atty. JOB BUDS M. MARATA

Counsel for Petitioner
20f Citi Tower, Valero Street
Brgy. Bel-air, Makati City
 IBP No. 83035 dtd. 09-15-10 Makati City
PTR No. 6451865 / 09/15/10/ Makati
Roll No. 42645
MCLE Compliance II – 0008112
Dtd. July 11, 2019

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.