Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
BRANCH 52 BACOLOD CITY

FAMILY COURT

DIANNE LOPEZ y AQUINO

Petitioner, CIVIL CASE NO.: 02

-versus- for: Annulment of Marriage

AL BASHIR y HAKIM
Respondent.
x----------------------------x

PRE-TRIAL ORDER

When this case was called for Pre-trial pursuant to the Rule on declaration of absolute
nullity of void marriages and annulment of voidable marriage 1 petitioner DIANNE LOPEZ y
AQUINO and her counsel, ATTY. LEG CAP II of the Public Attorney’s Office appeared. Also,
respondent AL BASHIR y HAKIM and his counsel ATTY. PSYCH INC appeared. Assistant City
Prosecutor ATTY. LOVELY LYN MACAPINLAC also appeared.

The following transpired, developed and were taken up:

STIPULATIONS AND ADMISSION OF FACTS:

1. Fact of marriage of the parties on June 15, 2017 held at Marawi, Lanao del Sur and
was solemnized in accordance with the Muslim norms and cultures; and

2. That the petitioner was seventeen (17) years old at the time of their marriage.

_____________________
1 A.M. NO. 02-11-10-SC which took effect on March 15, 2003
Civil Case No. 02
DIANNE LOPEZ y AQUINO vs. AL BASHIR y HAKIM
Pre-Trial Order
Page 2

II

EXHIBITS MARKED AS DOCUMENTS

The Petitioner, through counsel marked the following documents:

EXHIBIT “A” - Birth Certificate

“B” - Baptismal Certificate of the petitioner
“C” - Marriage Contract between the petitioner and the
Respondent
“D” - Reserved for the judicial affidavit of the mother of
petitioner
“E” - Reserved for the judicial affidavit of a graphic
expert
“F” - Reserved for the judicial affidavit of a former
captive of the Maute group

The Respondent, through counsel marked the following documents:

EXHIBIT “1” - Marriage contract between the petitioner and the

respondent
“2” - Screen-capture of the photos posted by the
petitioner in the social media
“2a” - Screen-capture of the photos posted by the
petitioner in the social media
“2b” - Screen-capture of the photos posted by the
petitioner in the social media
“3” - Declaration of faith in Islam of the petitioner
“4” - Birth Certificate of the respondent
“5” - Driver’s License of the petitioner
“6” - Residency Certificate of the respondent

III

ISSUE

Whether or not the marriage between the petitioner and the respondent is void ab
initio on the ground of lack of legal capacity on the part of the petitioner under Article 35 of the
Family Code of the Philippines.
Civil Case No. 02
DIANNE LOPEZ y AQUINO vs. AL BASHIR y HAKIM
Pre-Trial Order
Page 3

IV

NAMES OF WITNESSES WHO WILL BE PRESENTED

AND THEIR TESTIMONIES

For the Petitioner:

1. Dianne Lopez y Aquino;

2. Mary Anne Lopez y Aquino;

3. Graphics and photo expert; and

4. Two reserved witnesses

For the Respondent:

1. Al Bashir y Hakim; and

2. One reserved witness

TRIAL DATES

For the Petitioner:

1. Dianne Lopez y Aquino and

2. Mary Anne Lopez y Aquino both on November 26, 2019;

3. Graphics and photo expert on December 3, 2019 and

4. Two reserved witnesses both on December 10, 2019

For the Respondent:

1. Al Bashir y Hakim and

2. One reserved witness both on November 26, 2019

Civil Case No. 02
DIANNE LOPEZ y AQUINO vs. AL BASHIR y HAKIM
Pre-Trial Order
Page 4

The parties are directed to come prepared for hearing on the scheduled dates. It is
agreed that for failure of any party to present evidence on the date reserved, through no fault
of the other party, shall be construed as a waiver to: (1) present evidence; and/or (2) be
present at or to take part in the proceedings on the pertinent dates.

The parties shall not be allowed to raise issues or present witnesses and evidence other
than those mentioned in this Pre-Trial Order.

The Public Prosecutor assigned to this Court, State Prosecutor ATTY. DIANNA
MANALANG is hereby directed to appear for the State and to take steps to prevent collusion
between the parties at any stage of the proceedings and fabrication or suppression of evidence
during the trial on the merits.

VI

CONCLUSION

WHEREFORE, as prayed for, the Court declares the pre-trial aspect of this case as
closed and terminated.

The parties are directed to go over this Pre-Trial Order immediately so that should there
be any error or correction or modifications, they are each given five (5) days to comment on the
above matters. Absence of such, will be considered as their unqualified acceptance and
affirmation thereof.

SO ORDERED.

Bacolod City, Negros Occidental, Philippines. November 20, 2019.

REYNALDO ONG, JR.

Presiding Judge