REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
SAN JUAN CITY, METRO-MANILA
BRANCH 162

DANTE G. FEDELIN,
Petitioner,

- versus - JDRC CASE. NO. 11336-SJ

For : Declaration of
Absolute
Nullity of
Marriage
CYNTHIA M. FEDELIN,
Respondent.
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PRE-TRIAL BRIEF
(For the Petitioner)

PETITIONER, through the undersigned counsel, and to this Honorable Court, most
respectfully tenders his Pre-Trial Brief, and state, THAT:

NATURE OF THE CASE

This is a petition for the annulment of the marriage between herein Petitioner and
Respondent, under Article 35, Paragraph 4 of the Family Code of the Philippines, which
provides that:

“The following marriages shall be void from the beginning:

xxx

4) Those bigamous or polygamous marriages not failing under Article 41;

x x x”

wherein Article 41 reiterates said rule in its first sentence, and thereafter sets
forth the condition so that such marriages can be held valid:

“A marriage contracted by any person during subsistence of a previous

marriage shall be null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been absent for four consecutive
years and the spouse present has a well-founded belief that the absent spouse
was already dead. In case of disappearance where there is danger of death
under the circumstances set forth in the provisions of Article 391 of the Civil
Code, an absence of only two years shall be sufficient.

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 For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as
provided in this Code for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent spouse.”

WILLINGNESS OF PETITIONER TO ENTER INTO A COMPROMISE

Petitioner is willing to enter into an agreement only with respect to the matter of
support, as may be necessary upon such terms and conditions as are lawful and just.

ADMISSIONS / PROPOSED STIPULATION OF FACTS

Herein Petitioner interposes no admissions other than those that he has already made
in his Petition. In addition, Petitioner proposes to Respondent for stipulation, the
following:

1. That Petitioner was married to Respondent on September 7, 1998 in Quezon City,

Metro-Manila, Philippines;

2. That Petitioner and Respondent begot three (3) children by the names of CHERRY
ANN, born on March 6, 1996, now 22 years of age; DANDREB, born on September 21,
1998, now 19 years of age; and MARILOU, born on August 25, 2001, now 16 years of
age; and all of whom are surnamed FEDELIN;

3. That Petitioner and Respondent did not acquire any substantial property, real or
personal, during the entire period of their marital cohabitation;

4. That Petitioner and Respondent have lived separately from each other since 2010,
and since then Respondent has been unwilling to reconcile and reunite with Petitioner;

5. That Respondent got married previously to one CYRIL A. VELASCO, they having
been married on MARCH 20, 1993;

6. That Respondent’s first husband, Cyril A. Velasco, died on December 13, 2010;

7. That, without disclosing to Petitioner her marital state, Respondent contracted

marriage with herein Petitioner on September 7, 1998, while her previous marriage to
Cyril A. Velasco was still valid and subsisting;

ISSUE

The lone issue in the Petition is:

WHETHER OR NOT THE MARRIAGE OF HEREIN PETITIONER TO HEREIN

RESPONDENT MAY BE DECLARED NULL AND VOID FROM THE BEGINNING
AS CONTEMPLATED IN ARTICLE 35, PARAGRAPH 4 OF THE FAMILY CODE
OF THE PHILIPPINES.

APPLICABLE LAWS

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 Petitioner takes solace in Article 35, Paragraph 4 of the Family Code of the
Philippines, and other allied legal provisions thereof, as well any and all Supreme Court
decisions applying the same.
EVIDENCES TO BE PRESENTED

A. DOCUMENTARY

Exhibit “A”- Certificate of Marriage of Petitioner and Respondent – To prove the

fact of celebration of the marriage between the parties;

Exhibit “B”- Certificate of Live Birth of Cherry Ann M. Fedelin - To prove that the
parties begot their first child by the name of Cherry Ann M. Fedelin, as well as the
child’s status and filiation;

Exhibit “C”- Certificate of Live Birth of Dandreb M. Fedelin - To prove that the
parties begot their second child by the name of Dandreb M. Fedelin, as well as the child’s
status and filiation;

Exhibit “D”- Certificate of Live Birth of Marilou M. Fedelin - To prove that the
parties begot their third child by the name of Marilou M. Fedelin, as well as the child’s
status and filiation;

Exhibit “E”- Certification of the marriage between Respondent and Cyril A. Velasco
– To prove the fact of prior celebration of the marriage between Respondent and Cyril A.
Velasco, and that their marriage was still valid and subsisting when Respondent
contracted marriage with herein Petitioner;

Exhibit “F”- Certificate of Death of Cyril A. Velasco – To prove the fact that Cyril
A. Velasco died on December 13, 2010, and to corroborate that his marriage to
Respondent was still valid and subsisting when Respondent contracted marriage with
herein Petitioner;

B. TESTIMONIAL

The testimonies of the following persons will be presented, and the same will be
reduced into judicial affidavits in accordance with A.M. No. 12-8-8-SC, also known as the
Judicial Affidavit Rule, to wit:

1) Petitioner Dante G. Fedelin – To prove the allegations contained in the Petition, as

well as the material facts of this case in its entirety; and -

2) A representative from the Philippine Statistics Authority (PSA) – To prove the

authenticity of the civil registry records herein exhibited;

Petitioner hereby likewise reserves his right to present further and additional evidence
in the course of the proceeding, as may be allowed by the Honorable Court in the interest
of justice.

AVAILABLE TRIAL DATES

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 Petitioner is willing to conform to the trial dates to be scheduled by the Honorable
Court at it may be convenient in its calendar, but it is most respectfully requested that
said trial dates be scheduled in intervals of at least two (2) weeks so as to ensure the
availability of the witnesses.

RESPECTFULLY SUBMITTED.

San Juan City, Metro-Manila, Philippines.

April 27, 2018.

GERARDO I. PAYNO, JR.

Counsel for the Petitioner
No. 120-B R. Lagmay St., Brgy. Balong Bato
San Juan City, Metro-Manila
Landline No. (632) 750-5098
Mobile No. (63) 906-2887048
Email Address : gerrlaw52@gmail.com
Roll of Attorneys No. 54184
PTR No. 1128771 | San Juan City, M.M. | 01-03-18
IBP O.R. No. 021033| Pasig City | 01-04-18
MCLE Cert. No. VI-0002214 | Issued May 10, 2017

Copy furnished:

SACP Myrna B. Binalay Per LBC Registry No._____________

Office of the City Prosecutor Date : _________________, 2018
San Juan City, Metro-Manila
Santolan Road cor. P. Guevarra St.
San Juan City, Metro-Manila

Office of the Solicitor General Per LBC Registry No._____________

134 Amorsolo Street Date : _______________, 2018
Legaspi Village, Makati City

Ms. Cynthia M. Fedelin (Respondent) Per LBC Registry No._____________

6637 Sto. Niño St., Maligaya Park Date : _______________, 2018
Sub Camarin, Caloocan City,
Metro-Manila

CERTIFICATION

This is to certify that I have served a copy of the foregoing Pre-Trial Brief to the
above-named addressees by means of private courier (LBC), personal service thereof
being impracticable due to time constraint.

GERARDO I. PAYNO, JR.

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