Republic of the Philippines

REGIONAL TRIAL COURT

7TH Judicial Region
BRANCH 59
TOLEDO CITY CEBU

SUSAN L. RUIZ,
Petitioner, CIVIL CASE NO. T-3557

FOR:DECLARATION OF
NULLITY OF MARRIAGE
-versus-

ELMER G. RUIZ,
Respondent.
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PETITIONER’S PRE-TRIAL BRIEF

Petitioner, through the undersigned counsel, and unto this Honorable Court
most respectfully submit this pre-trial brief and states:

I. There is no possibility of settlement as the instant case is not among of

the cases which can be a subject to compromise.

II. As no Answer was filed by the respondent, stipulation and admission of

facts may not be applicable.

III. ISSUE: The issue to be resolved is whether or not the marriage is null
and void on the ground of psychological incapacity of the respondent
which is already present even before the celebration of the marriage
towards the petitioner.

IV. DOCUMENTS MARKED:

EXHIBT A- Certificate of Residency

- To prove that petitioner is a resident of barangay Mangoto

Pinamungajan Cebu, hence, this case is filed in the proper
venue which is this Honorable Court.

EXHIBIT B – Certificate of Marriage

- To prove the marriage of the petitioner and respondent

celebrated on July 7, 1990 which the former wanted to be
dissolved by filing this action of declaration of nullity of
marriage under Article 36 of the Family Code against the latter
EXHIBIT C to F – Certificates of Live Birth of the parties children
namely: HychenEve, Saniefaye Marie, Elmer Jr.,
and Elmersito

- To prove that the parties where blessed with four children

during their marital cohabitation

EXHIBIT G - Picture

- To prove that respondent was presently cohabiting with his mistress

named Hershey Costanilla after their separation in 2006

EXHIBIT H - ORDER OF RELEASE

- To prove that respondent was incarcerated and charge with illegal

gambling which is one of his vices

EXHIBIT I – Judicial Affidavit of the Petitioner

- To prove the material allegations stated in the information that

respondent did not perform his marital obligations to petitioner and
that is to observer mutual love, respect, fidelity, and render mutual
help and support

EXHIBIT J – Judicial Affidavit of Claire Niñal Labata

- To corroborate the testimony of the petitioner

EXHIBIT K – Judicial Affidavit of Rosemarie Gonato

- To prove that she is an expert witness in the field of psychology

and the one who conducted the psychological evaluation; to prove
that based on her psychological assessment, respondent suffered
Anti-Social Personality DISORDER with narcissistic features which
is grave, permanent, incurable and present even prior to the
marriage which make respondent psychologically incapacitated to
perform the essential marital obligation

EXHIBIT L – Psychological Report

- To prove that there is a psychological evaluation conducted by the

clinical psychologist Rosemarie Gonato which she reduced into
writing, and based on her findings, respondent is psychologically
incapacitated to perform his marital obligations to petitioner which
is grave, permanent, incurable and present even before the
celebration of marriage due to the presence of respondent’s anti-
social personality disorder with narcissistic features.

V. WITNESSES:

Those mentioned above who executed their respective Judicial Affidavit

VI. RESERVATION:

Petitioner intends to present additional documents as Exhibits and witnesses

if circumstances would warrant.

June 24 2018. Cebu City Philippines.

Respectfully Submitted.

ISIDRO L. SARONA JR.

(COLLABORATING COUNSEL FOR THE PETITIONER)
RM. MO4, ANICETA BLDG., OSMEÑA BLVD., CEBU CITY
IBP NO. 664;12/11/18-CY 2019;CEBU PROVINCE CHAPTER
PTR NO. 230859;12/11/18-CY 2019;CEBU PROVINCE
ROLL OF ATTORNEYS NO. 61786
TEL NO. 254-8455
EMAIL ADD. Isidrojr.sarona@yahoo.com
MOBILE NO. 09432664184
MCLE COMPLIANCE NO. VI – 0023719 / issued on 4/10/2019

The RTC Branch Clerk

RTC Branch 59, Toledo City Cebu

Please submit the foregoing Pre-Trial Brief to the Honorable Court

immediately upon receipt thereof for its consideration.

Thank You.
`ISIDRO L. SARONA JR.

Copy furnished:

Office of the Cebu Provincial Prosecutor

Cebu City

Office of the Solicitor General (OSG)

134 Amorsolo St., Legaspi Village
1229 Makati City

EXPLANATION

Copy of the foregoing pre-trial brief was furnished to the OSG thru mail.
Personal service is impractical due to far distance.