Judge – Jasper Mantos

Counsel for the Petitioner – Betelguese Roszald Abarico

Counsel for the Respondent– Vince Clarck F. Anabieza
Court Interpreter/Prosecutor – Lars Christian Echavez
Court Stenographer – Aime Rose Sotes

Court Interpreter:

All rise. Honorable Jasper Mantos, Presiding Judge.

COURT:
Please sit down. Please call the case, Court Interpreter.

INTERPRETER:
Yes, Your Honor. Civil Case No. CEB-4524, Juan Cruz – Petitioner
versus Mary Cruz – Respondent for Declaration of Nullity of
Marriage.

COURT:
Appearances?

(All counsels will stand up)

PROS. ECHAVEZ:
Good morning Your Honor, respectfully appearing for the State.

ATTY. ABARICO:
Good morning Your Honor, same appearance as counsel for the
petitioner.

ATTY. ANABIEZA:
Good morning Your Honor, respectfully appearing for the
respondent.

COURT:
Okay. Today is set for pre-trial conference of this case. Let it be of
record that the Public Prosecutor in this case already filed the
Investigation Report finding therein that no collusion exists between
the parties.

PROS. ECHAVEZ:
Yes, Your Honor.

COURT:
And with that, this Court set this case for pre-trial conference.

PROS. ECHAVEZ:
 Yes, Your Honor.

COURT:
Okay, before we proceed, did you already file your respective pre-
trial briefs?

ATTY. ABARICO:
Yes, Your Honor. For the petitioner, we already filed our pre-trial
brief last October 27, 2020 and have furnished the counsel for the
respondent and the Honorable Prosecutor, Your Honor.

COURT:
How about for the counsel for the respondent please?

ATTY. ANABIEZA:
On the part of the respondent Your Honor, we also filed our pre-trial
brief last October 28, 2020 and served to the counsel for the plaintiff
and to the Honorable Prosecutor.

COURT:
Yes, noted. I have it here on the records.

Okay. Any proposals for stipulations please?

ATTY. ABARICO:
Yes, Your Honor. Will the respondent admit the fact of marriage of
the parties on 23 August 2000 at the Lady of the Rule National
Shrine, Lapu-Lapu City?

ATTY. ANABIEZA:
Admitted, Your Honor.

COURT:
Okay, admitted.

ATTY. ABARICO:
That the petitioner and the respondent begot one child.

ATTY. ANABIEZA:
Admitted, Your Honor.

ATTY. ABARICO:
The expertise of Dr. Hayden Kho, the psychologist who conducted
and prepared the Psychological Report on the parties.

ATTY. ANABIEZA:
Admitted, Your Honor.
ATTY. ABARICO:
And lastly, that the petitioner has been giving support in the amount
of P20,000.00 per month since the petitioner and the respondent got
separated.

ATTY. ANABIEZA:
Denied Your Honor. The petitioner is only giving P10,000.00 per
month since they got separated Your Honor.

COURT:
Okay, monthly support of P20,000.00 is denied by the respondent.

ATTY. ABARICO:
That would be all, Your Honor.

COURT:
Okay. How about for the counsel for the respondent please, any
proposal for stipulations?

ATTY. ANABIEZA:
Yes, Your Honor. May I proceed, Your Honor?

COURT:
Yes, please proceed.

ATTY. ANABIEZA:
Will the counsel for the petitioner admit that aside from the monthly
salary earned by the petitioner, he is also earning income from his
web designs?

ATTY. ABARICO:
Admitted but with a qualification Your Honor that the web designs
are not made solely by the petitioner and it is a collaboration work.

ATTY. ANABIEZA:
That would be all, Your Honor.

COURT:
Okay. Anything else?

ATTY. ABARICO:
Yes, Your Honor. May I request counsel for the respondent Your
Honor to stipulate on the existence and due execution of the
Marriage Contract of the parties dated August 23, 2000?
 (Atty. Abarico alluded to Atty. Anabieza the Marriage Contract)

ATTY. ANABIEZA:
The existence and the due execution of the Marriage Contract is
admitted Your Honor.

ATTY. ABARICO:
And the same also with the Birth Certificate of their minor child,
Your Honor, the Birth Certificate of one Abigail Cruz, born on
November 11, 2002.

ATTY. ANABIEZA:
The existence of the Birth Certificate is admitted Your Honor.

COURT:
Okay. The existence of the Marriage Contract and the Birth
Certificate of the minor child of the parties are hereby admitted as
manifested by the counsel for the respondent.

Witness to be presented please, Atty. Abarico?

ATTY. ABARICO:
Yes, Your Honor. The petitioner will present three (3) witnesses.

COURT:
And who are these and the substance of their testimonies please?

ATTY. ABARICO:
Yes, Your Honor. The petitioner will present the following
witnesses, to wit:

(1) Petitioner himself Your Honor, who will testify on and

substantiate the material allegations of his petition;
(2) Dr. Hayden Kho – to testify on the psychological report he
accomplished and to provide expert opinion as to the
psychological incapacity of the respondent that renders the
marriage of the parties null and void and other matters stated in
the complaint; and
(3) Roel Santos – to testify on his personal knowledge as to the
relationship of the plaintiff and the defendant particularly the
latter’s psychological incapacity.

COURT:
Noted. Any documentary exhibits to be marked, Atty. Abarico?

ATTY. ABARICO:
 Yes, Your Honor. May I request for the marking of the following
exhibits, Your Honor.

1. Exhibit A – Complaint;
2. Exhibit A-1 – Signature of the Petitioner;
3. Exhibit B – Summons;
4. Exhibit C – Sheriff’s Return;
5. Exhibit D – Appearance of the Solicitor General;
6. Exhibit D-1 – Authority from the Solicitor General;
7. Exhibit E – Investigation Report of the
Prosecutor;
8. Exhibit F – Special Power of Attorney;
9. Exhibit G – Marriage Certificate;
10. Exhibit H – Birth Certificate of the minor child.

Thank you Your Honor.

COURT:
Okay, please mark the exhibits and its submarkings, Court
Interpreter, Exhibits A to H.

To Atty. Anabieza:

How many witnesses will you be presenting Atty. Anabieza?

ATTY. ANABIEZA:
On the part of the respondent Your Honor, we will be presenting
three (3) witnesses also, Your Honor.

COURT:
Who are they and the substance of their testimonies please?

ATTY. ANABIEZA:
Yes, Your Honor. First is the Respondent herself Your Honor, to
testify on the facts and circumstances attendant to her failed marriage
to plaintiff and to testify on matters stated in her Answer.

Second is the Psychiatrist – Dr. Marie Reyes, to provide expert

opinion as to the psychological incapacity of the petitioner.

And lastly, Carmen Baguio, their former house helper, who will
testify on her personal knowledge as to the relationship of the
petitioner and the respondent.

COURT:
 Okay. How about for the documents you would like to be marked,
Atty.?

ATTY. ANABIEZA:
Yes, Your Honor, I would like the Psychological Report of Dr.
Marie Reyes be marked as Exhibit 1 for the respondent.

COURT:
Okay, mark it please Court Interpreter.

ATTY. ANABIEZA:
That would be all, Your Honor.

COURT:
Okay. Did you attach already the judicial affidavits of your
respective witnesses?

ATTY. ANABIEZA AND ATTY. ABARICO:

Yes, Your Honor, already attached Your Honor.

COURT:
Okay.

And what are the issues to be tackled?

ATTY. ABARICO:
Yes, Your Honor. The issue is whether or not the respondent in this
case psychologically incapacitated to comply her marital
obligations?

COURT:
Okay. How about for the respondent?

ATTY. ANABIEZA;
Yes, Your Honor, on whether or not the petitioner is also
incapacitated to comply with her marital obligations, Your Honor.

COURT:
Okay. For the hearing dates, the Court will set three hearing dates
each parties.

ATTY. ANABIEZA AND ATTY. ABARICO:

Yes, Your Honor.

COURT:
I will make the Order. Please sit down counsels.
ORDER.

When this case was called for pre-trial conference, Public Prosecutor
Lars Christian Echavez for the State, Atty. Betelguese Roszald
Abarico for the petitioner and Atty. Vince Clarck F. Anabieza for the
respondent, appeared.

The Court also notes the presence of the petitioner and the
respondent in this case.

Thereafter, the following proposals for stipulations were entered into

between the petitioner and the respondent, to wit:

1. Fact of marriage of the parties on 23 August 2000 at the Lady of

the Rule National Shrine, Lapu-Lapu City – which was admitted
by the respondent;

2. That the petitioner and the respondent begot one child - which
was admitted by the respondent;

3. the expertise of Dr. Hayden Kho, the psychologist who

conducted and prepared the Psychological Report on the parties
– which was also admitted by the respondent;

4. And lastly, that the petitioner has been giving support in the
amount of P20,000.00 per month since the petitioner and the
respondent got separated – which was however denied by the
respondent through counsel.

With regard to the proposal for stipulation that aside from the
monthly salary earned by the petitioner, he is also earning income
from his web designs, the same was admitted with the qualification
that the web designs are not made solely by the petitioner and it is a
collaboration work.

The petitioner will present three (3) witnesses in the persons of the
petitioner himself, the psychologist and one Roel Santos while the
respondent will present three (3) witnesses also, to wit: Respondent
herself, the psychologist and the house helper, in the person of
Carmen Baguio.

Thereafter, both the petitioner and the respondent agreed on the

followings issues to be tackled in this case, to wit:
1. Whether or not the respondent in this case psychologically
incapacitated to comply her marital obligations; and
2. Whether or not the petitioner is also incapacitated to comply
with her marital obligations.

Set this case for the presentation of the witnesses for the petitioner
on: January 4, 6 and 8, 2020 all at 8:30 in the morning and for the
presentation of the witnesses for the respondent on January 11, 13
and 15 all at 8:30 in the morning.

Counsels and parties are notified in open court of this Order.

SO ORDERED.