Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Iloilo City
Branch 32

RENE S. PAMA JR.,

Petitioner,

Civil Case No.14-32447

-versus- For Declaration of Nullity
Of Marriage

ANNA MAE J. ABAL-PAMA,

Respondent.
x ------------------------------------------ x

PRE-TRIAL BRIEF

PETITIONER by the undersigned counsel and unto this Honorable

Court most respectfully states:

STATEMENT OF THE FACTS AND OF THE CASE

This is an action for Declaration of Nullity of Marriage under

Articles 36 of the New Family Code.

Petitioner alleges in his Petition, viz:

1) that petitioner and respondent are husband and wife;
2) that both respondent and petitioners are clinically found to be
psychologically incapacitated to comply with the essential
requisites of marriage.
3) That parties are suffering from Personality disorders which
seriously render them incapable of fulfilling their marital
obligations. It also appears to be grave and incurable and
believed to have existed even before their marriage;
4) that the root cause of such illness is traced from their respective
childhood;
5) such illness is diagnosed to be grave and incurable;
6) that such illness existed prior to the marriage and became
apparent only at the time of the marriage.

Petitioner likewise alleges that their children Rean Paul Abal

Pama, Trisha Kyle Abal Pama and Evan Dwane Abal Pama born in
wedlock and their de-facto separation which culminated from

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petitioner’s frustration of respondent’s mercurial change of disposition,
and manipulative conduct, immaturity, excessive spending, and
impulsive conduct. That respondent failed to give love, emotional
support and fidelity to the marriage.

I.
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES
OF DISPUTE RESOLUTION

The Petitioner is not willing to consider any amicable settlement

or undergo alternative modes of dispute resolution with respect to the
primary prayer of this petition. However, the Petitioner is open to the
possibility of amicable settlement in relation custody of their minor
children.

II.
PROPOSED STIPULATION OF FACTS

1) The identity of parties as petitioner and respondent;

2) The fact of marriage, parties having been married on February 14,
2006;
3) The children were born in wedlock; and,
4) Their de-facto separation and the absence of cohabitation between
the spouses.

III.
ISSUES TO BE TRIED AND RESOLVED

The Petitioner proposes the following issues to be tried and

resolved by this Honorable Court:

a) Whether or not the Respondent has failed to comply with the

essential marital obligations stated in Article 68 of the Family Code;
b) If the Respondent has failed to comply with the essential marital
obligations stated in Article 68 of the Family Code,
c) Whether or not such failure was due to psychological incapacity
which is grave, serious and incurable and existing at the time of the
marriage, though only manifesting itself during the marriage.

IV.
DOCUMENTS TO BE PRESENTED

The Petitioner will present the following documents

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a) Marriage Certificate between Rene S. Pama Jr. And Anna Mae Pama
Jr. Exhibit "A"

b) Birth Certificate of their child Rean Paul Abal Pama, as Exhibits "B";

c) Birth Certificate of their child Trisha Kyle Abal Pama as Exhibits "C"

d) Birth Certificate of their child Evan Dwane Abal Pama as Exhibits

"D"

e) The Psychological Evaluation Report made of Rene Pama and Anna

Mae Pama made by Dr. Dorothy Joy Juarez-Bolivar, M.Ed.-Exhibit
"E”

f) Other documents as may be determined to be relevant to the case

during the course of trial.

V.
WITNESSES TO BE PRESENTED

The Petitioner will present the following witnesses:

a) Rene S. Pama Jr. will testify on the allegations in the Petition and will
present documentary evidence as to truthfulness of his allegations
in the petition, particularly the breakdown of his union with Anna
Mae Pama because of the latter's psychological incapacity.

b) Dr. Dorothy Joy Juarez-Bolivar, M.Ed will testify as to the

truthfulness of her Psychiatric Evaluation of Rene S. Pama Jr. and
Anna Mae Pama. She will also testify as to how serious both the
Respondent’s and the Petitioner’s psychological condition is, what
she believes is the root cause of such condition and how it has
manifested itself in their union as husband and wife.

c) Aldrin I. Galac will testify on matters that he himself has witnessed

being a cook to the couple. He will also Testify on how Anna Mae
Pama would often turn her ire on her children affecting their
marriage life;

d) Let Sacanle Laudato will testify on the nature of the Relationship of

between Rene Pama Jr and Anna Mae Pama and to such other
matters involving their marriage;

e) Liezl G. Custodio will testify on the relationship of Rene Pama Jr and

Anna Mae Pama towards their children. She will also testify on other
matter regarding the couple’s relationship;

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f) Other witnesses as may be determined to be relevant to the case
during the course of trial.

VI.
ADMISSIONS

Outside of the matters alleged, petitioner is not inclined to admit

further matters.

VII.
APPLICABLE LAWS AND JURISPRUDENCE

Provisions on the Family Code.

VIII.
AVAILABLE DATES FOR TRIAL

The Petitioner respectfully requests that the trial dates be agreed

upon in open court at such dates and time convenient to the parties and
the calendar of this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed unto

this Honorable Court that the foregoing Pre-Trial Brief be duly noted.

Iloilo City, August 29, 2017.

JALBUNA-CATALUÑA LAW OFFICES

Counsel for the Petitioner
Suite 202, Second Floor, Lolita Building
Corner Quezon-General Luna Sts., Iloilo City
Tel. Nos. 509-1982/337-1973
jalbunacataluna@gmail.com

by

ATTY. REISA MARIE J. EXMUNDO

JALBUNA-CATALUNA LAW OFFICES
Suite 201-202 2nd floor Lolita Bldg.
Cor. Quezon-Gen. Luna Sts. Iloilo City
PTR NO. 1058632; 1/05/2017, Ilolo City
IBP No. 5678659/January 05, 2017
Roll of Attorneys No. 63983/April 27, 2015
Admitted to the Bar on April 27, 2015
MCLE Com. No. V-0023987

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Copy Furnished:

THE SOLICITOR GENERAL

Office of the Solicitor General
134 Amorsolo St
1229 Makati City
Date:______________
Reg No.____________

ATTY. LEE FERDINAND CAIBAN

OFFICE OF THE CITY PROSECUTOR
Hall of Justice
Iloilo City
Date:_______________

ANNA MAE PAMA

BLOCK 56 Lot 46 Brgy Bolilao
Mandurria Iloilo City
Iloilo City
Date______________

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