Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Manila City
Branch 11

NOELLA SARTIN
Petitioner,

--versus--- Civil Case No. 777

For: Annulment of Marriage

PAUL LACSAMANA
Respondent.

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PRE – TRIAL BRIEF

PETITIONER, by the undersigned counsel and unto this Honorable Court most
respectfully submits her Pre-Trial Brief as follows:
I.
STATEMENT OF THE FACTS AND OF THE CASE
This is an action for Annulment of Marriage under Article 45 Paragraph 6 of the New
Family Code.
Petitioner alleges in her petition, viz: a) that petitioner and respondent are husband and
wife; b) that respondent has sexually transmitted disease that is grave and incurable; c) that such
illness existed prior to the marriage and was only admitted by respondent to petitioner after 3
years of marriage.
II.
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF
DIPUTABLE RELATION
The Petitioner is not willing to consider any amicable settlement or undergo any
alternative mode of dispute relation with respect to the primary prayer of this petition.
Nevertheless, Petitioner is open to the possibility of amicable settlement in relation to the
partition and accounting of the conjugal properties and assets of her union with respondent.
 III.
PROPOSED STIPULATION OF FACTS
The Petitioner proposes the following stipulation of facts:
1. That petitioner and respondent met sometime in 2014 when the former was an aspiring
nun and the latter as a graduating medical student;
2. That petitioner quit being a nun to pursue a relationship with respondent;
3. That after 4 years of being a couple, petitioner and respondent decided to get married on
December 20, 2018 at the Minor Basilica and Metropolitan Cathedral of the Immaculate
Concepcion in Intramuros, Manila;
4. That petitioner take part in a blood donation drive done in her place of work and her test
came out to be positive of HIV or Human Immunodeficiency Virus that if left untreated
will lead to a chronic disease of Acquired Immunodeficiency Syndrome or AIDS;
5. That petitioner confronted her husband about having HIV and respondent admitted to
petitioner that he has such disease even prior to the celebration of his marriage with
petitioner.

IV.
ISSUES TO BE TRIED AND RESOLVED

The petitioner proposes the following issue to be tried and resolved by this Honorable
Court:
1. Whether or not the respondent’s act of concealing his disease to petitioner warrants the
issuance of declaration of annulment of marriage of the parties.

V.
DOCUMENTS TO BE PRESENTED

1. Marriage Contract between Noella Sartin and Paul Lacsamana – Exhibit ‘A’;
2. Blood Test Result of Noella Sartin indicating HIV Positive – Exhibit ‘B’;

VI.
WITNESSES TO BE PRESENTED
The Petitioner will present the following witnesses:
1. Noella Sartin as to the truthfulness of her allegations in the petition, particularly the
breakdown of her union with Noella Sartin;
2. Dra. Janella Salazar, resident physician of University Hospital, will testify as to the
truthfulness of the blood test result of Noella Sartin;
3. Other witnesses as may be determined to be relevant to the case during the course of the
trial.

VII.
APPLICABLE LAWS AND JURISPRUDENCE
 1. Applicable provisions of the Family Code of the Philippines;
2. Pertinent provisions of the Rules of Court;
3. Applicable decisions issued by the Supreme Court.

VIII.
RESERVATION

Petitioner respectfully reserves the right to stipulate facts, raise issues and present
exhibits and witnesses as the exigency of the case warrants.

RESPECTFULLY SUBMITTED.

City of Manila, September 25, 2020.

PAMELA M. PARCE
Counsel for Plaintiff
35th Floor, Orient Square
Building
San Miguel Avenue, Ortigas
Pasig City
Telephone No: 713-2222
Roll of Attorney No. 458300
IBP No. 12345/2-6-19/Manila
PTR No. 84300/12-22 19/Manila
MCLE Compliance No. 2432543

MICHELLE AUSTRIA MORTEL

Collaborating Counsel for Plaintiff
35th Floor, Orient Square Bldg.
San Miguel Avenue, Ortigas
Pasig City
Telephone No: 713-2222
Roll of Attorney No. 458300
IBP No. 12345/2-6-19/Manila
PTR No. 84300/12-22 19/Manila
MCLE Compliance No. 5673543

Copy Furnished:
THE BRANCH CLERK OF COURT
Regional Trial Court, Branch 11
Hall of Justice, City of Manila

NOEMI KRYSTEL S. RAGOTERO

Counsel for Respondent
8th Flr., Ortigas Bldg.
Ortigas Ave., Pasig City

EXPLANATION OF SERVICE

The undersigned counsel most respectfully manifests that copies of the Pre-Trial Brief as
Counsel for petitioner, NOELLA SARTIN, were served to the above-named persons thru their
electronic mail addresses in lieu of personal service because of extraordinary circumstances that
prohibits if not lessen face to face contact and personally serve this pleading.

ATTY. PAMELA M. PARCE