Republic of the Philippines

REGIONAL TRIAL COURT

Branch 54
Quezon City, Metro Manila

IN RE. PETITION FOR DECLARATION OF

NULLITY OF MARRIAGE

REMIGIO R. BINARAO
Petitioner,

-versus- CIVIL CASE No. _____

ANNA LIZA S. MERCADO

Respondent.
x------------------------------------------x

PRE-TRIAL BRIEF
(for the Petitioner)

I. Statement of the Case and the Reliefs Prayed For

The case at bar is filed by the Petitioner against the

Respondent on substantiated ground of psychological
incapacity.

The Petitioner and Respondent are married on December

23,1999 and they were both Filipino citizens when their
marriage was solemnized.

That in 2002, the Respondent was only using a tourist Visa

and she was not a naturalized citizen of the United States
when she filed a divorced. Divorce decree obtained abroad
can only be recognized in the Philippines through a Petition
for Recognition of a Foreign Divorce when at least one of the
spouses is a foreigner. Plaintiff and defendant were both
Filipino citizens. Hence, Article 26 paragraph 2 cannot be
applied to the divorce decree obtained by defendant in the
United States.

WHEREFORE, plaintiff, by counsel respectfully prays that this

Honorable Court, after due hearing, declare the marriage
between the plaintiff and defendant as Void ab Initio due to
Psychological Incapacity of the respondent.

Other reliefs just and equitable are likewise prayed for.

II. Summary of Admitted Facts and Proposed Stipulation of
Facts
1. Identity of the Petitioner and Respondent
2. Petitioner and Respondent are married to each other
3. Petitioner and Respondent have no children
4. Petitioner and Respondent acquired no real properties
during their marriage.

Proposals for Admission:

1. Petitioner and Respondent are married to each other on

December 23, 1999.
2. That Petitioner and Respondent are both Filipino citizens
during the celebration of their marriage.
3. That Respondent in multiple occasions acted indifferently
towards her husband.
4. That all though their married life, there are times that
respondent abandoned her husband without any reason.
5. That in 2002, they both went to the US using a tourist visa.
6. Since Respondent left Petitioner on October 2002, she
never communicated with him again.
7. Sometime in 2003, a Divorce decree was granted by
Fulton County without the knowledge of Petitioner. He later
came to know about the divorce in 2004.
8. Petitioner has only acquired his US citizenship in 2009.
Petitioner however reacquired his Filipino citizenship
granting him a dual citizenship in 2018.
9. That Respondent re-married and has already children with
her new husband.

III. Main Factual and Legal Issue

Whether respondent failed to comply with her essential

marital obligations stated in Article 68 of the Family Code

Whether Respondent is psychologically incapacitated

Whether or not Petitioner and Respondents’ marriage

should be declared NULL and VOID on the ground of
Psychological Incapacity of the Respondent

IV. The Propriety of Referral of Factual Issues to

Commissioners

Petitioner does not intend to avail of discovery procedures nor

referral to commissioners
V. Documents or Other Object Evidence to be Marked

1. Sworn Certification of Residency issued by the Barangay

Captain of Cubao QC attesting to the fact that Petitioner
grew up at Cubao Quezon City and it is the same place
where his parents and sister presently reside in.
2. a copy of petitioner's Birth Certificate showing his place of
birth.
3. Certificate of Marriage – to prove that they were validly
married and are both Filipino Citizens during their marriage
4. Plaintiff’s Philippine Passport No. EE555321 with a stamp
of the US Immigration dated May 2, 2002.
5. Divorce decree from Fulton County in the State of Georgia.
6. A copy of his Certificate of Naturalization No. A096635522.
7. Copies of the Order of Approval of plaintiff’s Petition for
Citizenship Retention and Re-Acquisition of Philippine
Citizenship and Identification Certificate No. LA-DS-580-
2018.

8. Other documents as may be determined to be relevant to

the case.

VI. Witnesses and the Summary of Their Respective

Testimonies

1. Romulo Macalintal, uncle of Petitioner, to testify that

Respondent has abandoned her husband while the couple
was living with him in Virginia.

2. Melanie Liban, common friend of the Petitioner and

Respondent who will attest about Respondent’s infidelity
towards the Petitioner.

VII. Statement of Points of Law and Citation of Authorities

10 October 2020-Quezon City

Atty. _
Counsel for Petitioner
Quezon City
IBP No. 947045-01-02-20
PTR No. 1924505-1-4-20
Roll No. 102223
MCLE Comp. No.V-0024519
Issued on 2-29-19
Valid until 4-14-20
Copy furnished :

Atty. _(petitioner)
38nd Flr. Cabling Tower
Jupiter Street, Makati City