Pre-Trial Brief in Petition for Nullity of Marriage

 

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.

x---------------------------------------------/

 

 

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

 

 

Pre-Nuptial Agreement

KNOW ALL MEN BY THESE PRESENTS:

 

PRE-NUPTIAL AGREEMENT

 

This Pre-Nuptial Agreement made and entered into this (Date) by and between:

         (NAME OF HUSBAND-TO-BE), of legal age, Filipino, and a resident of (Place of Residence), Philippines;

-and-

         (NAME OF WIFE-TO-BE), of legal age, Filipino, and a resident of (Place of Residence);

 

WITNESSETH:

 

WHEREAS, the Parties hereto are about to be married, with the marriage ceremony scheduled on (Date) at the (Place);

         WHEREAS, the Parties hereby agree that their property relations as future spouses shall be under the regime of COMPLETE SEPARATION OF PROPERTY during their marriage;

         WHEREAS, the Parties have made a complete and accurate disclosure of their respective assets and liabilities;

         WHEREAS, the Parties are each desirous of formalizing their respective joint and several financial and legal rights, obligations, liabilities and property rights arising from their marriage;

         NOW THEREFORE, for and in consideration of the foregoing premises, the parties have agreed as follows:

1. All the properties, real and personal, now owned and hereafter to be owned by the future wife, (NAME OF WIFE-TO-BE), shall remain to be her own exclusive and separate property, subject to her sole disposition, administration and enjoyment;

2. All the properties, real and personal, now owned and hereafter to be owned by the future husband, (NAME OF HUSBAND-TO-BE), shall likewise remain to be of his own exclusive and separate property, subject to his sole disposition, administration and enjoyment;

3. All earnings from any profession, business or industry shall likewise belong to each future spouse;

4. Obligations, liabilities and debts of each future spouse shall be entirely separate. Each Party hereby irrevocably declares that they will indemnify, keep indemnified and hold harmless the other Party in respect of any and all legal and financial obligations and debts incurred by that Party;

5. Each future spouse shall bare the family expenses as follows:

5.1. The rearing and education of future children that may be begotten or that may be adopted during the marriage shall be borne by both future spouses equally;

5.2. The payment of utility services for their future home shall be borne by both future spouses equally;

5.3. The cost of the maintenance of the future home including house help and family drivers shall be borne by both future spouses equally;

5.4 In connection with these expenses, the future spouses shall undertake to have a common or joint bank deposit or savings account wherein they shall contribute a portion of their separate incomes for the purpose of payment for the forgoing proportionate expenses;

 

6. Future donations to either spouse, if any, shall pertain exclusively to the done spouse unless otherwise specified in the Deed of Donation;

7. This AGREEMENT shall take effect upon the celebration of the marriage.

 

IN WITNESS WHEREOF, the Parties hereto have set their hands  on this (Date of Signing), at (Place), Philippines.

 

(NAME OF HUSBAND-TO-BE)                             (NAME OF WIFE-TO-BE)

  Future Husband                                                          Future Wife

 

Signed in the presence of :

 _________________________        _________________________         

 

ACKNOWLEDGEMENT

Republic of the Philippines    )

City of _______________     ) S.S.

 

         BEFORE ME, a Notary Public for and in the City of _____________, Philippines, on this (Date of Notarization), personally appeared the following:

 

              Name                       Competent Evidence of Identity            Date/Place of Issue

 

known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their own free and voluntary act and deed.

        

         WITNESS MY HAND AND SEAL on the date and place above written.

 

 

Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.

Affidavit of Single Status

 

Republic of the Philippines )

City of _______________  ) S.S.

  

 

AFFIDAVIT OF SINGLE STATUS

 

 

        I, (NAME OF AFFIANT), of legal age, Filipino, with address at (Address of Affiant), after having been duly sworn to in accordance with law, do hereby depose and say:

1.    That I have never contracted any marriage in the Philippines or elsewhere and I remain SINGLE to this very day and hour;

 

2.    That there is no legal impediment for me to contract marriage under the Philippine laws;

 

3.    That I am executing this affidavit for the purpose of complying with the requirements relating to a Deed of Sale transaction on a piece of property I am buying (Details of the transaction);

 

4.    That I execute this affidavit to attest to the truthfulness of the foregoing facts and in compliance with the requirement of above-stated transaction and for whatever legal purpose it may serve.

 

 

IN WITNESS WHEREOF, I have hereunto set my hand this (Date of Signing), (Place Signing).

 

 

(NAME OF AFFIANT) Affiant

 

 

         SUBCRIBED AND SWORN TO before me this (Date of Notarization) at the City of (Place of Notarization), affiant exhibiting to me his (ID Details including validity period and place of issuance).

 

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of _____.