Republic of the Philippines
REGIONAL TRIAL COURT
________ JUDICIAL REGION
Branch ______, _______ City
NAME OF PLAINTIFF,
Plaintiff,
Civil Case No. _________
- versus – For: Declaration of Absolute Nullity
of Void Marriage Under Art. 36 of the Family Code
NAME OF DEFENDANT,
Defendant.
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PLAINTIFF’S PRE-TRIAL BRIEF
COMES NOW Plaintiff (NAME OF PLAINTIFF), by counsel and unto the Honorable Court, most respectfully avers:
A. Proposal for Admission and Stipulations
1. The identity of parties as plaintiff and defendant;
2. The fact of marriage, parties having been married on (Date of Marriage);
3. That two children were born during the marriage, (Name of First Child) born on (Date of Birth) and (Name of Second Child) born on (Date of Birth);
4. That parties acquired certain properties under the regime of Absolute Community of Property; and
5. Their de facto separation and the absence of cohabitation between the spouses since (Year of Separation).
B. Exhibits
The petitioner will be submitting the following documents and respectfully manifests that they be correspondingly pre-marked as follows:
Exhibit “A” - Petition for Declaration of Absolute
Nullity of Void Marriage
“A-1” - Signature of the petitioner in the
Verification & Certification
Exhibit “B” - Certificate of Marriage of plaintiff and
defendant
“B-1” - Name of contracting parties and their
respective dates of birth
“B-2” - Place of Marriage
“B-3” - Date of Marriage
Exhibit “C” - Certificate of Live Birth of (First Child)
Exhibit “D” - Certificate of Live Birth of (Second Child)
Exhibit “E” - Investigation Report of the public
prosecutor
Exhibit “F” - Sheriff Return of Summons
Exhibit “G” - Notice of Compliance
Exhibit “H” - Notice of Appearance
Exhibit “I” - Letter of Authority by the Solicitor General
to the Provincial Prosecutor of _________
Exhibit “J” - Judicial Affidavit of Plaintiff
Exhibit “K” - Judicial Affidavit of expert-witness
psychologist (Name of Psychologist)
Exhibit “L” - Psychological Report on the Psychological
Incapacity of the spouse-defendant in
Marriage, by expert-witness psychologist
Exhibit “M” - Judicial Affidavit
of (Name of Third Witness)
Exhibit “N” - Judicial Affidavit of (Name of Fourth Witness)
Exhibit “O” - Judicial Affidavit of (Name of Fifth Witness)
Plaintiff further reserves the right to present such other documents or exhibits not herein listed as may be deemed necessary in the course of the trial.
C. Witnesses
1. The plaintiff herself – to testify on and establish the material allegations of the petition particularly the facts stated in the petition and the proposed admission and stipulations.
2. The psychologist (Name of Psychologist Witness) – to testify that defendant is psychologically incapacitated from complying with the essential obligations of marriage at the time of the celebration of the marriage, as the term “psychological incapacity” is defined by law and jurisprudence.
3. The plaintiff’s friend (Name of Third Witness) – to testify on and establish the material allegations of the petition particularly the facts stated in the petition and such other matters related therein.
4. The plaintiff’s mother (Name of Fourth Witness) – to testify on and establish the material allegations of the petition particularly the facts stated in the petition and such other matters related therein.
5. The defendant’s sister (Name of Fifth Witness) – to testify on and establish the material allegations of the petition particularly the facts stated in the petition and such other matters related therein.
Plaintiff reserves the right to present two more witnesses not herein listed as deemed necessary during the course of the trial.
The testimonies of the witnesses would not consume more than 10 minutes on direct examination, and another 15 minutes on cross examination.
D. Authorities
1. Article 36 of the Family Code of the Philippines
2. Rule on the Declaration of Absolute Nullity of Marriage
3. Jurisprudence and other issuances of the Supreme Court
E. Issues
1. Whether or not the respondent is psychologically incapacitated to comply with the essential marital obligations?
2. Whether or not the marriage contracted by parties is void under Article 36 of the Family Code?
RESPECTFULLY FILED this (Date).
(Place of Filing), Philippines.
LAWYER'S NAME
LAWYER DETAILS
Copy furnished –
[ ] by registered mail due to lack of personnel:
HON. PROVINCIAL PROSECUTOR
Province of_________
(Address) Registry Receipt No. ____________
Date & Place: _________________
[ ] by registered mail due to considerable distance:
HON. SOLICITOR GENERAL
Office of the Solicitor General
134 Amorsolo St., Legaspi Village Registry Receipt No. ____________
1229 Makati City Date & Place: __________________
[ ] by registered mail due to considerable distance:
NAME OF DEFENDANT
(Address) Registry Receipt No. ____________
Date & Place: _________________
EXPLANATION: Service to the Hon. Solicitor General and the respondent is made through registered mail due to considerable distance between (Place of Filing) and Makati City and (Address of Defendant), respectively.
NAME OF LAWYER
