Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
DESIGNATED FAMILY COURT
BRANCH 36

Lin Doe Civil Case No. 06-10

Petitioner, For: Judicial Declaration of
Nullity of Marriage
-versus-

Roy Doe
Respondent.

PRE TRIAL BRIEF

Petitioner, by and through the undersigned counsel most respectfully submits

this pre-trial brief:

POSSIBILITY OF AMICABLE SETTLEMENT

The Petitioner is ready, willing and able to submit this case to any alternative

mode of dispute settlement and likewise she is willing to settle this case amicably only to

the extent of the amount of support.

STIPULATION OF FACTS

1. That before Petitioner and Respondent got married in 2002, the latter introduced

a certain Reymous Fernandez Doe, a seven year old child then, to the former as

his child out of wedlock. The child is using the surname of the respondent even

he is illegitimate because he was adopted by the respondents parents.

2. That Plaintiff and Respondent were married on August 14, 2002 at Max

Restaurant, Pansol, Calamba, Laguna solemnized by Pastor Levy M. Erasga of the

Church of God.
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

3. That Mark Gabriel Doe, born in January 26, 2003, is their only child.

4. That is the course of their marriage, petitioner was bothered by respondents

relatives that she is already the second wife of the respondent. Petitioner went to

the National Statistics Office to check the allegation of the respondents relatives

and she discovered that the respondent has a subsisting marriage with Grace B.

Dela Cruz which was solemnized on May 31, 1995 at Bayambang, Pangasinan by

Rev. Ernesto S. De Vera of the United Church of Christ.

5. That petitioner and respondent separated on May 2006. Petitioner continued to

stay in Laguna while respondent moved back to Makati. Respondent occasionally

visit their child but did not leave any financial support since then.

6. That their only child will now start going to school and the petitioner is only

earning more or less P15,000.00 monthly which is inadequate to support the

education of their child. Respondent is earning more or less P25,000.00

monthly, he is very much able to support the child notwithstanding the fact that

it is his obligation to support their child.

ISSUES TO BE RESOLVED

1. Whether or not the marriage is void ab initio because of the previous valid

marriage of the respondent;

2. Whether or not their child is entitled to support and how much;

DOCUMENTS TO BE PRESENTED

Page 2 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

1. Certified photocopy of the Marriage Certificate of the petitioner and the

respondent to be marked as Exhibit A.

a. The signature appearing above the printed name Lin Doe to be marked as

Exhibit A-1.

b. The signature appearing above the printed name Roy Doe to be marked as

Exhibit A-2.

c. The Signature appearing above the printed name Pastor Levy M. Erasga to

be marked as Exhibit A-3.

2. Certified photocopy of the birth certificate of Mark Gabriel Doe to be marked as

Exhibit B.

3. Certified photocopy of the birth certificate of Reymous Doe to be marked as

Exhibit C.

4. Certified photocopy of the Marriage Certificate between the Respondent and

Grace Dela Cruz to be marked as Exhibit D.

a. The signature appearing above the printed name Roy Doe to be marked as

Exhibit D-1.

b. The signature appearing above the printed name Grace Dela Cruz to be

marked as Exhibit D-2.

c. The signature appearing above the printed name Rev. Ernesto S. De Vera

to be marked as Exhibit D-3.

5. Petitioner reserves the right to present other documents that may be necessary

during the course of the trial.

INTENTION TO AVAIL DISCOVERY PROCEDURES

Page 3 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

Petitioner is willing to avail discovery procedures or referral to commissioners.

WITNESSES TO BE PRESENTED

1. Petitioner will present herself to testify about her marriage with the respondent

and to ascertain that Mark Gabriel Doe is their child.

2. Pastor Levy M. Ersaga who will testify about the fact of the celebration of

marriage he solemnized between the petitioner and the respondent.

3. Rev. Ernesto S. De Vera who will testify about the fact of the celebration of

marriage he solemnized between Grace Dela Cruz and the respondent.

4. Petitioner reserves the right to present other witnesses who will testify about the

fact of her marriage with the respondent and other related matters as it may be

necessary in the course of trial.

AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on the following dates, 6, 13, 20,

and 27 of October 2009. The undersigned counsel also respects the calendar of this

Honorable Court and agrees to other dates that may be set during the pre-trial as may

be convenient to the counsel for the defendant and the Honorable Court.

RESPECTFULLY SUBMITTED.

Marikina City for Makati City, 29 September 2009.

ISRAEL ABCEDE DAMASCO

Counsel for the Petitioner
Roll No. XXXXXX
IBP No. XXXXXX; Marikina City; 18 Jan. 2009
PTR No. XXXXXXX; Marikina City; 18 Jan. 2009
Republic of the Philippines

Page 4 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

National Capital Judicial Region

REGIONAL TRIAL COURT
DESIGNATED FAMILY COURT
BRANCH 36

Lin Doe Civil Case No. 06-10

Petitioner, For: Judicial Declaration of
Nullity of Marriage
-versus-

Roy Doe
Respondent.

PRE TRIAL BRIEF

Petitioner, by and through the undersigned counsel most respectfully submits

this pre-trial brief:

POSSIBILITY OF AMICABLE SETTLEMENT

The Petitioner is ready, willing and able to submit this case to any alternative

mode of dispute settlement and likewise she is willing to settle this case amicably only to

the extent of the amount of support.

STIPULATION OF FACTS

7. That before Petitioner and Respondent got married in 2002, the latter introduced

a certain Reymous Fernandez Doe, a seven year old child then, to the former as

his child out of wedlock. The child is using the surname of the respondent even

he is illegitimate because he was adopted by the respondents parents.

8. That Plaintiff and Respondent were married on August 14, 2002 at Max

Restaurant, Pansol, Calamba, Laguna solemnized by Pastor Levy M. Erasga of the

Church of God.

Page 5 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

9. That Mark Gabriel Doe, born in January 26, 2003, is their only child.

10. That is the course of their marriage, petitioner was bothered by respondents

relatives that she is already the second wife of the respondent. Petitioner went to

the National Statistics Office to check the allegation of the respondents relatives

and she discovered that the respondent has a subsisting marriage with Grace B.

Dela Cruz which was solemnized on May 31, 1995 at Bayambang, Pangasinan by

Rev. Ernesto S. De Vera of the United Church of Christ.

11. That petitioner and respondent separated on May 2006. Petitioner continued to

stay in Laguna while respondent moved back to Makati. Respondent occasionally

visit their child but did not leave any financial support since then.

12. That their only child will now start going to school and the petitioner is only

earning more or less P15,000.00 monthly which is inadequate to support the

education of their child. Respondent is earning more or less P25,000.00

monthly, he is very much able to support the child notwithstanding the fact that

it is his obligation to support their child.

ISSUES TO BE RESOLVED

3. Whether or not the marriage is void ab initio because of the previous valid

marriage of the respondent;

4. Whether or not their child is entitled to support and how much;

Page 6 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

DOCUMENTS TO BE PRESENTED

6. Certified photocopy of the Marriage Certificate of the petitioner and the

respondent to be marked as Exhibit A.

a. The signature appearing above the printed name Lin Doe to be marked as

Exhibit A-1.

b. The signature appearing above the printed name Roy Doe to be marked as

Exhibit A-2.

c. The Signature appearing above the printed name Pastor Levy M. Erasga to

be marked as Exhibit A-3.

7. Certified photocopy of the birth certificate of Mark Gabriel Doe to be marked as

Exhibit B.

8. Certified photocopy of the birth certificate of Reymous Doe to be marked as

Exhibit C.

9. Certified photocopy of the Marriage Certificate between the Respondent and

Grace Dela Cruz to be marked as Exhibit D.

a. The signature appearing above the printed name Roy Doe to be marked as

Exhibit D-1.

b. The signature appearing above the printed name Grace Dela Cruz to be

marked as Exhibit D-2.

c. The signature appearing above the printed name Rev. Ernesto S. De Vera

to be marked as Exhibit D-3.

10. Petitioner reserves the right to present other documents that may be necessary

during the course of the trial.

Page 7 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

INTENTION TO AVAIL DISCOVERY PROCEDURES

Petitioner is willing to avail discovery procedures or referral to commissioners.

WITNESSES TO BE PRESENTED

5. Petitioner will present herself to testify about her marriage with the respondent

and to ascertain that Mark Gabriel Doe is their child.

6. Pastor Levy M. Ersaga who will testify about the fact of the celebration of

marriage he solemnized between the petitioner and the respondent.

7. Rev. Ernesto S. De Vera who will testify about the fact of the celebration of

marriage he solemnized between Grace Dela Cruz and the respondent.

8. Petitioner reserves the right to present other witnesses who will testify about the

fact of her marriage with the respondent and other related matters as it may be

necessary in the course of trial.

AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on the following dates, 6, 13, 20,

and 27 of October 2009. The undersigned counsel also respects the calendar of this

Honorable Court and agrees to other dates that may be set during the pre-trial as may

be convenient to the counsel for the defendant and the Honorable Court.

RESPECTFULLY SUBMITTED.

Marikina City for Makati City, 29 September 2009.

ISRAEL ABCEDE DAMASCO

Counsel for the Petitioner
Roll No. XXXXXX
IBP No. XXXXXX; Marikina City; 18 Jan. 2009
PTR No. XXXXXXX; Marikina City; 18 Jan. 2009

Page 8 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
DESIGNATED FAMILY COURT
BRANCH 36

Lin Doe Civil Case No. 06-10

Petitioner, For: Judicial Declaration of
Nullity of Marriage
-versus-

Roy Doe
Respondent.

PRE TRIAL BRIEF

Petitioner, by and through the undersigned counsel most respectfully submits

this pre-trial brief:

POSSIBILITY OF AMICABLE SETTLEMENT

The Petitioner is ready, willing and able to submit this case to any alternative

mode of dispute settlement and likewise she is willing to settle this case amicably only to

the extent of the amount of support.

STIPULATION OF FACTS

13. That before Petitioner and Respondent got married in 2002, the latter introduced

a certain Reymous Fernandez Doe, a seven year old child then, to the former as

his child out of wedlock. The child is using the surname of the respondent even

he is illegitimate because he was adopted by the respondents parents.

14. That Plaintiff and Respondent were married on August 14, 2002 at Max

Restaurant, Pansol, Calamba, Laguna solemnized by Pastor Levy M. Erasga of the

Church of God.

Page 9 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

15. That Mark Gabriel Doe, born in January 26, 2003, is their only child.

16. That is the course of their marriage, petitioner was bothered by respondents

relatives that she is already the second wife of the respondent. Petitioner went to

the National Statistics Office to check the allegation of the respondents relatives

and she discovered that the respondent has a subsisting marriage with Grace B.

Dela Cruz which was solemnized on May 31, 1995 at Bayambang, Pangasinan by

Rev. Ernesto S. De Vera of the United Church of Christ.

17. That petitioner and respondent separated on May 2006. Petitioner continued to

stay in Laguna while respondent moved back to Makati. Respondent occasionally

visit their child but did not leave any financial support since then.

18. That their only child will now start going to school and the petitioner is only

earning more or less P15,000.00 monthly which is inadequate to support the

education of their child. Respondent is earning more or less P25,000.00

monthly, he is very much able to support the child notwithstanding the fact that

it is his obligation to support their child.

ISSUES TO BE RESOLVED

5. Whether or not the marriage is void ab initio because of the previous valid

marriage of the respondent;

6. Whether or not their child is entitled to support and how much;

Page 10 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

DOCUMENTS TO BE PRESENTED

11. Certified photocopy of the Marriage Certificate of the petitioner and the

respondent to be marked as Exhibit A.

a. The signature appearing above the printed name Lin Doe to be marked as

Exhibit A-1.

b. The signature appearing above the printed name Roy Doe to be marked as

Exhibit A-2.

c. The Signature appearing above the printed name Pastor Levy M. Erasga to

be marked as Exhibit A-3.

12. Certified photocopy of the birth certificate of Mark Gabriel Doe to be marked as

Exhibit B.

13. Certified photocopy of the birth certificate of Reymous Doe to be marked as

Exhibit C.

14. Certified photocopy of the Marriage Certificate between the Respondent and

Grace Dela Cruz to be marked as Exhibit D.

a. The signature appearing above the printed name Roy Doe to be marked as

Exhibit D-1.

b. The signature appearing above the printed name Grace Dela Cruz to be

marked as Exhibit D-2.

c. The signature appearing above the printed name Rev. Ernesto S. De Vera

to be marked as Exhibit D-3.

15. Petitioner reserves the right to present other documents that may be necessary

during the course of the trial.

Page 11 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

INTENTION TO AVAIL DISCOVERY PROCEDURES

Petitioner is willing to avail discovery procedures or referral to commissioners.

WITNESSES TO BE PRESENTED

9. Petitioner will present herself to testify about her marriage with the respondent

and to ascertain that Mark Gabriel Doe is their child.

10. Pastor Levy M. Ersaga who will testify about the fact of the celebration of

marriage he solemnized between the petitioner and the respondent.

11. Rev. Ernesto S. De Vera who will testify about the fact of the celebration of

marriage he solemnized between Grace Dela Cruz and the respondent.

12. Petitioner reserves the right to present other witnesses who will testify about the

fact of her marriage with the respondent and other related matters as it may be

necessary in the course of trial.

AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on the following dates, 6, 13, 20,

and 27 of October 2009. The undersigned counsel also respects the calendar of this

Honorable Court and agrees to other dates that may be set during the pre-trial as may

be convenient to the counsel for the defendant and the Honorable Court.

RESPECTFULLY SUBMITTED.

Marikina City for Makati City, 29 September 2009.

ISRAEL ABCEDE DAMASCO

Counsel for the Petitioner
Roll No. XXXXXX
IBP No. XXXXXX; Marikina City; 18 Jan. 2009
PTR No. XXXXXXX; Marikina City; 18 Jan. 2009

Page 12 of 4
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage

Page 13 of 4