Maria Christina E.

Gaviola Legal Forms

3B Atty. Calleja

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Makati-Branch 143

PAULA REYES-PARAISO,
Petitioner.

- versus - S.P. 1019876

For: Annulment
PAOLO PARAISO,
Respondent.
x-------------------------------------------x

PRE-TRIAL BRIEF

PETITIONER, by counsel, respectfully submits its Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Annulment cases cannot be the subject of an amicable settlement or

agreement between the parties.

1.2. However, subject to a concrete proposal that is fair and reasonable and a
reciprocal manifestation of openness from respondent, petitioner is open to the possibility
of amicably settling this dispute as to the amount of support to be given by respondent.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. Petitioner, PAULA REYES-PARAISO, seeks the Annulment of her marriage to the
respondent, PAOLO PARAISO, based on the ground of fraud under Article 45(3) in relation to
Article 46(4) of the Family Code for the concealment of respondent’s habitual alcoholism and
drug addiction.

2.2. Petitioner and respondent were married on 27 March 1998 and out of this marriage,
they have one (1) child, Gino, who is ten (10) years old.

2.3. Respondent concealed the fact that he was a habitual alcoholic and a drug user from
the time of their marriage celebration and remains to be so until the present. Respondent was
fired from past jobs for alcohol abuse and assault and, since then, has not been able to obtain
employment by reason of said alcoholism. Petitioner remains the sole breadwinner of the family.
Maria Christina E. Gaviola Legal Forms
3B Atty. Calleja

2.4. During the years of marriage, respondent’s alcoholism. Respondent constantly and
cruelly abuses and batters the petitioner. In 15 May 2006, petitioner discovered for the first time
respondent’s drug abuse and found out that respondent had been using drugs since before their
marriage and continued until the present, of which she was unaware until such discovery.

2.5. After such discovery, petitioner left the conjugal home with their son by reason of
respondent’s constant battery. Since then, the parties have been de facto separated.

2.6. However, despite their separation in fact, respondent still stalks and harasses
petitioner and their son in their new home and batters petitioner. On one violent occasion,
respondent broke into their home when petitioner would not let him in and physically and
violently abused her. Petitioner was hospitalized for a week as a result of respondent’s battery.

2.7. The concealment of respondent’s drug addiction and habitual alcoholism at the time
of their marriage constitutes fraud for purposes of annulling the marriage as provided under
Article 45(3) in relation to Article 46(4) of the Family Code. Likewise, petitioner is entitled to
sole custody of their common child, Gino, by reason of respondent’s said psychological
incapacity.

2.8. Further, the battery, abuse and constant fear of the threat of violence due to
respondent’s harassment despite de facto separation entitles respondent and their son to issuance
of Temporary Protection Orders pursuant to R.A. 9262, otherwise known as “Anti-Violence
Against Women and Children Act”.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. The parties only admit and agree that they were validly married on 27 March 1998
by Fr. Luisito Jacinto in St. Peter’s Cathedral, Makati City, and that they have a common son,
Gino, born to them. Aside from the abovementioned, defendant admits no other facts stated in
the Complaint.

3.2. Petitioner admits only the fact found in the preceding paragraph and the facts found
in her Petition for Nullity of Marriage with Application for Protection Orders.

IV. ISSUES TO BE TRIED

4.1. Petitioner submits that the following issues it put forward are subject to proof:

4.1.1. Respondent’s Habitual Alcoholism and Drug addiction prior to, during,
and after marriage celebration;
Maria Christina E. Gaviola Legal Forms
3B Atty. Calleja

4.1.2. The Respondent’s battery and physical abuse of the petitioner;

4.1.3. Custody of the Child;
4.1.4. Petitioner’s entitlement to support and the amount thereof;

V. EVIDENCE

5.1. Petitioner intends to present the following witnesses:

5.1.1. Petitioner, Mrs. Paula Reyes-Paraiso, who will testify as to

respondent’s battery, alcoholism, and drug addiction. Petitioner will also testify
as to the totality of her marriage life with respondent, as well as the time leading
up to their marriage.

5.1.2. Ms. Ana Chorizo, petitioner’s sister who witnessed Respondent’s

physical abuse of petitioner;

5.1.3. Mr. Ricardo Basa, respondent’s best friend as to respondent’s

alcoholism and drug addiction prior to and at the time of the marriage
celebration;

5.1.4. Ms. Charo Santos, respondent’s former employer in Hunks

Models, Inc. as to respondent’s alcoholism on work and irresponsibility;

5.1.5. Dr. James House, who examined petitioner’s bruises and wounds
and treated her during her hospitalization as a result of respondent’s battery;

5.2. The petitioner shall offer the following documentary evidence:

5.2.1. Marriage Contract;

5.2.2. Gino Paraiso’s Birth Certificate;

5.2.3. Medical Examination prepared by Dr. James House;

5.3. Petitioner reserves the right to present any and all documentary evidence which shall
become relevant to rebut plaintiff’s claims in the course of trial as well as any other witnesses
whose testimony will become relevant to belie plaintiff’s witnesses, if necessary.

VI. RESORT TO DISCOVERY

Maria Christina E. Gaviola Legal Forms
3B Atty. Calleja

6.1. Considering the relatively simple issues presented, defendant does not intend to avail
of discovery at this time.

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial.

RESPECTFULLY SUBMITTED.

Makati City: 12 February 2008.

Shester Escuvero
ATTY. SHESTER ESCUVERO
ESCUVERO & YOUNG LAW OFFICE
Counsel for Petitioner
110 Zobel Street, Makati City

Copy furnished:

Paolo Paraiso
PAOLO PARAISO
Respondent
44 Urdaneta Village, Makati City

Lord Humangit
ATTY. LORD HUMANGIT
Counsel for Plaintiff
4 Assets St., GSIS Village,
Project 8, Quezon City