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REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 18
MALOLOS CITY, BULACAN

ELAINE RESUELLO BAHIA,

Petitioner,
-versus- CIVIL CASE NO. 59-M-2021
For: Declaration of
Nullity of Marriage based on
Article 36 of the Family Code
of the Philippines
JOHN G. BAHIA,
Respondent.
x----------------------------------x

PRE-TRIAL BRIEF FOR THE PETITIONER

WITH ALL DUE RESPECT, petitioner by the undersigned counsel

and unto this Honorable Court respectfully submits her Pre-Trial Brief,
as follows:

A. CONCISE STATEMENT OF THE CASE AND THE RELIEF

PRAYED FOR

This is a petition for declaration of nullity of marriage filed by the

petitioner against the respondent. Their marriage broke down due to
the psychological incapacity of the respondent to perform essential
marital obligations. Particularly, Dra. Pacita P. Tudla who is a Clinical
Psychologist by profession made a scientific and medical evaluation of
the respondent’s psychological incapacity. She found out that the
respondent is suffering from Anti-Social Personality Disorder.

Even before the parties celebrated their marriage, the petitioner

already found out that the petitioner exhibited manifestations of his
psychological incapacity. He is a pathological liar. He is irresponsible
and lazy. Despite of these manifestations, the petitioner was blinded
by the love she had for the respondent. She was in love because the
petitioner was easily persuaded by the sweet words and promises of
love and support of the respondent. Thus, respondent was able to
convince the petitioner to marry him.

When they were already married, the respondent continued to

manifest his psychological incapacity. He was still a liar. He lied to the
petitioner and other persons in order to obtain money. He wanted to
obtain money through an easy way. He did not want to exert effort
and time. He was lazy and irresponsible. As a result thereof, the
petitioner and other persons were easily defrauded by the respondent.
The complaints for fraud against the respondent piled up until the time
when the petitioner could not bear it anymore. Her love for the
respondent faded. She realized that there is no more chance for the
respondent to change for the better. Thus, they separated from each
other.
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At present, the respondent already has a new partner.

B. SUMMARY OF ADMITTED FACTS:

Since the neither the respondent nor the state filed an answer,
petitioner shall not admit facts except those stated in the petition.

C. PROPOSED STIPULATION OF FACTS:

The petitioner proposes for stipulation the fact of marriage between

the parties.

D. MAIN FACTUAL AND LEGAL ISSUES TO BE RESOLVED:

Petitioner respectfully submits that the issues to be tried in the

above-entitled case are as follows:

1. Whether or not the respondent is psychologically incapacitated

to perform essential marital obligations;

2. Whether or not the marriage between the parties should be

declared a nullity by reason of the psychological inacapacity of
the respondent to perform essential marital obligations;

E. DOCUMENTARY AND OBJECT EVIDENCE TO BE

SUBMITTED:

Petitioner will submit to this Honorable Court the following

documentary exhibits, to wit:

a. Exhibit “A”- Copy of the Philippine Passport of the Petitioner;

b. Exhibit “B”-Barangay Certificate of Residency issued by the

Punong Barangay of Barangay San Juan, San Miguel,
Bulacan;

c. Exhibit “C”- Sketch Map of the Residence of the Petitioner;

d. Exhibit “D”-Affidavit of Residence issued by the Petitioner’s

Counsel;

Purposes:

To prove that the petitioner is a resident of Barangay San

Juan, San Miguel, Bulacan which is within the jurisdiction of
this Court and to prove compliance with the requirements of
the petition for declaration of nullity of marriage;

e. Exhibit “E”-Certificate of Marriage of the petitioner and

respondent;

Purpose:
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To prove the fact of marriage of the petitioner and

respondent;

f. Exhibit “F” and “F-1”-the Facebook Messenger Message of a

Samsung Sales complaining against the respondent;

Purpose:

To prove that respondent defrauded and lied to persons in

order to gain money;

g. Exhibit “G”, “G-1” and “G-2”- Facebook pictures and posts of

respondent together with another woman;

Purpose:

To prove that the respondent is already in relationship with

another woman;

h. Exhibit “H”- Psychological Report of Dra. Pacita P. Tudla;

i. Exhibit “I”-Curriculum Vitae of Dra. Pacita P. Tudla;

j. Exhibit “J”-Judicial Affidavit of Dra. Pacita P. Tudla;

Purposes:

To prove that Dra. Pacita P. Tudla is an expert in the field of

Clinical Psychology, to prove that Dra. Tudla made a
psychological evaluation of the petitioner and respondent, to
prove that based on her findings, the petitioner is
psychologically capacitated to perform essential marital
obligations but the respondent is not and instead suffering
from Anti-Social Personality Disorder which incapacitates him
to perform essential marital obligations;

k. Exhibit “K”- Judicial Affidavit of the Petitioner;

Purpose:

To form part of the testimony of the petitioner and to prove

the allegations in the petition;

l. Exhibit “L”- Judicial Affidavit of Witness Geraldine G. Nebrida;

m. Exhibit “M”- Judicial Affidavit of Witness Bienvenido Manabat

Bangit IV ;

Purposes:

To corroborate the testimony of the petitioner and to prove

the material allegations in the petition;
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Petitioner reserves the right to present and submit such other

documents or exhibits as maybe relevant and material to her petition.

F. NAMES OF WITNESSES AND SUMMARY OF THEIR

TESTIMONIES

The witnesses to be presented are as follows:

1. Petitioner;

Purposes:

To prove the life of the petitioner with the respondent before

and during their marital cohabitation, to prove the behavior of
the respondent before and during their marital cohabitation,
to prove that respondent is the cause of the breakdown of
their marriage and to prove the allegations in the petition;

2. Witness Geraldine G. Nebrida;

3. Witness Bienvenido Manabat Bangit IV ;

Purposes:

To corroborate the testimony of the petitioner and to prove

the material allegations in the petition;

4. Dra. Pacita P. Tudla;

Purposes:

To prove that Dra. Pacita P. Tudla is an expert in the field

of Clinical Psychology, to prove that Dra. Tudla made a
psychological evaluation of the petitioner and respondent,
to prove that based on her findings, the petitioner is
psychologically capacitated to perform essential marital
obligations but the respondent is not and instead suffering
from Anti-Social Personality Disorder which incapacitates
him to perform essential marital obligations, to prove the
root cause, nature and severity of the psychological
disorder of the respondent and to prove other related
matters;
Petitioner reserves the right to present additional witnesses in the
course of the trial.

B. BRIEF STATEMENT OF POINTS OF LAW

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The applicable laws are as follows:

1. Article 36 of the Family Code a regards the definition of

psychological incapacity to perform essential marital
obligations;

2. Article 68 to 71 of the Family Code as regards the

obligations of husband and wife;

3. Article 220 and 221 as regards the obligations of parents

to child;

4. G.R. No. 166357, January 14, 2015 - VALERIO E. KALAW,

Petitioner, v. MA. ELENA FERNANDEZ, Respondent.;

5. G.R. No. 196359 , Tan-Andal vs. Andal, May 11, 2021;

6. G.R. No. 155800,    March 10, 2006, LEONILO

ANTONIO Petitioner,
vs. MARIE IVONNE F. REYES, Respondent.

Respectfully submitted,

Gapan City, Nueva Ecija.

December 7, 2021.

JOHN ALBERT T. REYES

Counsel for the Petitioner
Reyes Law Office
Second Floor RP Building,
Sto. Niño De Praga Street,
Barangay San Vicente
Gapan City, Nueva Ecija 3105
PLDT Landline Number: (044) 8065541
Mobile Phone Number: 0917 555 45 00
E-mail address:
atty.johnalbertreyes@yahoo.com
IBP Lifetime Membership Number: 09281
OR. No: 833026
Roll of Attorney No: 55614
MCLE Compliance Number: VI-0006546
Issued on February 21, 2018
PTR No: 8815618 Issued at Gapan City
Issued on January 4, 2021

The Clerk of Court

RTC Branch 18
Malolos City, Bulacan

Greetings:
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Immediately upon receipt hereof please submit the foregoing

Pre-trial Brief to the Honorable Court for its kind consideration and
approval without further oral arguments.

JOHN ALBERT T. REYES

Copies furnished by registered mail with return card:

Office of the Solicitor General

Salcedo Bldg., Amorsolo St.
Legaspi Village, Makati City

Pros. Alex Sitchon

Office of the Provincial Prosecutor
Cabanatuan City
Nueva Ecija

Javier B. Ramos, II
Pink Apartment, Door #3,
Rizal Street, Poblacion II,
Peňaranda, Nueva Ecija

CERTIFICATION

Pursuant to Sec. 11, Rule 13 of the 1997 Rules of Civil

Procedure, undersigned counsel informs the Honorable Court that
personal service of the instant pleading to the adverse party cannot be
done personally due to distance of places and lack of messengerial
personnel.

JOHN ALBERT T. REYES