REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION

,
Petitioner,

- versus - CIVIL CASE NO. 5410

,
Respondent.
X-------------------------X

PETITIONERS’S
PRE-TRIAL BRIEF

COMES NOW, the Petitioner, assisted by the undersigned counsel and

unto this Honorable Court, most respectfully submits this Pre-Trial Brief:

a. STATEMENT OF WILLINGNESS TO SETTLE AMICABLY

Petitioner is in doubt whether there is any aspect of the case wherein they
can validly enter into an agreement. In cases such as this, Article 48 of the
Family Code provides that no judgment shall be based upon stipulation of facts
or confession of judgment. Likewise, under the same provision, collusion or
connivance or suppression or fabrication of evidence in these cases is not
allowed. Further, under Rule 34 of the Revised Rules of Court, the material facts
alleged in the petition for declaration of nullity of marriage must be proved.

b. STIPULATIONS OF FACT
Petitioner submits that the same is not legally permissible under Article 48
of the Family Code.

c. ISSUE(S)
Whether or not the marriage between the petitioner and the respondent
may be declared void ab initio pursuant to Article 35 in relation to Article 40 of
the Family Code.

d. CONCISE STATEMENT OF PETITIONER’S CLAIMS

 It is the petitioner’s contention that at the time of the celebration of
marriage of the petitioner and respondent, the marriage between the latter and a
certain was still subsisting and existing and never been dissolved or annulled,
hence, a declaration of nullity of their marriage is warranted.

In the instant case, Articles 35 in relation to Article 40 of the Family Code

and other relevant laws and related jurisprudence on declaration of nullity of
marriage are applicable.

e. DOCUMENTS / EXHIBITS TO BE PRESENTED AND THE

PURPOSE/S THEREOF

A. Certificate of Marriage with Registry No.

To prove that the petitioner and respondent married each other on
March 20, 2001.

B. Certificate of Live Birth with Registry No.

To prove that the respondent gave birth to the first child named on
August 16, 2001 at Blessed Maternity and Lying in Clinic, Manila.

C. Certificate of Live Birth with Registry No.

To prove that the respondent gave birth to the second child named

D. Certificate of Live Birth with Registry No.

To prove that prior to the marriage of the respondent and
E. Certification issued by the National Statistics Office dated
December 3, 2013
To prove that the respondent has two marriages- the first marriage
was with on January 12, 1996 at Bauang, La Union and the second
marriage was with the petitioner on March 20, 2001.
F. Certification from the Office of Barangay San Piro, Balayan,
Batangas
To prove that the petitioner is eligible to be represented by the
Public Attorney’s Office.

The Petitioner reserves the right to present additional pertinent

documentary evidence in the course of trial of the case.
f. WITNESSES TO BE PRESENTED AND THE SUBSTANCE OF THEIR
TESTIMONIES
Petitioner will testify on and prove the material allegations in the petition.
The Petitioner reserves the presentation of other witnesses in the course of
the trial of the case.

g. OTHER MATTERS

Petitioner is willing to submit to any other matters as may be required by

the Court.

Respectfully Submitted.

, Batangas, July 19, 2018.

Public Attorney II

Copy furnished:

 Office of the Public Prosecutor