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

 

 

Letter to Defendant Informing about Psychologist

DATE

 

NAME OF DEFENDANT
Address of Defendant

Dear Mr./Mrs. ______________:

Greetings!

May we invite you to set an appointment with the undersigned clinical psychologist for an interview sometime between the first week and the third week of March 2022. This is in connection with the request of your estranged spouse for the clinic to make a Psychological Evaluation Report of you and your spouse. 

We hope to achieve a scientific and fair evaluation in the report based on multiple sources which we hope includes you. Should you likewise be able to suggest additional sources, that would be most appreciated.

We can be contacted at (Contact Details of Clinic).

Thank you.

 

Kind regards,

NAME OF CLINICAL PSYCHOLOGIST

Ex-Parte Motion to Investigate for Collusion of Parties

 

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---------------------------------------------/

 

 

EX-PARTE MOTION TO INVESTIGATE FOR COLLUSION OF PARTIES

 

 

         PLAINTIFF, by counsel, most respectfully avers:

 

Summons was served to defendant on January 18, 2017 per the January 21, 2017 Court Process Server’s Return.

 

Until date, or more than fifteen (15) days after, the defendant failed to serve or file an Answer.

 

We wish to invoke Section 8 par. 3 of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, and thereunder respectfully beg that an order be issued directing the public prosecutor to investigate whether collusion exists between the parties.

 

RESPECTFULLY FILED by registered mail due to considerable distance, February 28, 2017.

 

_________ City (for ________ City), Philippines.

 

 

NAME OF LEGAL COUNSEL

Lawyer Details

 

Notice of Hearing

 

Copy furnished –

 

[ ] by personal service:

 

HON. PROVINCIAL PROSECUTOR

Province of______

Address

 

[ ] 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: __________________

 

 

Greetings:

 

            Please do take notice that the foregoing, due to its urgency, shall be heard and submitted unto the kind attention of the Honorable Court for resolution and approval on _______________ or as soon as this can be heard sans appearance of counsel.

 

 

NAME OF LEGAL COUNSEL

Request

 

HON. CLERK OF COURT

Hon. RTC, Branch ___

Hall of Justice

________ City, _________

 

Greetings:

 

            Please do cause the foregoing to be heard on the date and time above appointed or as soon as this can be heard by the Honorable Court sans appearance of counsel. Thank you.

 

 

                                                                                    NAME OF LEGAL COUNSEL