REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
FAMILY COURT
Branch 61, Angeles City
MARILYN R. SORIANO,
Petitioner,
- versus - CIVIL CASE No. 14536
FOR: DECLARATION OF NULLITY
OF MARRIAGE
RICHARD E. CANLAS,
Respondent.
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PRE-TRIAL BRIEF
[For the Petitioner]
COMES NOW, the petitioner through counsel and unto this
Honorable Court, most respectfully submits this pre-trial brief:
I. AMICABLE SETTLEMENT
Plaintiff is amenable to the possibility of Amicable Settlement
under such terms and conditions acceptable to both.
II. BRIEF STATEMENT OF FACTS AND CLAIMS
Parties were married on July 30, 2007 before the Municipal Trial
Court of Clarkfield, Angeles City, Pampanga. They were blessed with one
child, named, Charlyn Soriano Canlas, born on December 1, 2003 at
Marisol Village, Angeles City.
Even before marriage respondent was always hanging out with his
friends, always drinking and gambling, has no sense of independency
and always easily persuaded with his friends. He is a product of a broken
family, his parents were separated since he was a kid. After frequent on
and off sweetheart relationship, the petitioner unexpectedly became
pregnant and gave birth on December 1, 2003 to Charlyn Soriano
Canlas.
During their live–in relationship and before they got married, the
respondent already is habitually gambling and regularly engaged in
alcoholism with his friends, he always went home early in the morning,
making a mess around their residence, physically abusing the petitioner
by hitting her and mourning about his lost to his bet at a cockfight
MARILYN R. SORIANO VS. RICHARD E. CANLAS
Civil Case No. 14499
PRE-TRIAL BRIEF
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match. The respondent has always not with himself when he was
drinking. Gambling activities of the respondent includes several card
games such as “tongking”, and “sabong” or cockfight matches. Such act
of gambling of the respondent was aggravated by a cockfight coliseum
(“sabungan”) nearby located at Barangay Sapalibutad, Angeles City.
Petitioner talked to the respondent and tried to convince him to
change his ways and be responsible for the sake of their child, but
respondent always uttered that “they are not married and thus petitioner
has no right to intervene with his recreational activities”. The petitioner
then convinced the respondent for them to get married, the former
hoping that the latter would listen to her more than to his friends. The
parties got married on July 30, 2007, but the respondent just got even
worse, for respondent became more addicted to alcohol drinking, for he
drank almost every day during their marriage, he did not even care if
there is work the next day following, for as long as he drank himself.
Moreover the respondent physically abused the petitioner, in which she
was being hit by him in her body, sometimes in her face, especially if
respondent got defeated in his gambling.
The respondent was always being terminated or laid off because of
his habitual absenteeism because of his vices and he just wanted to go to
work whenever he wants or feels it. Even with intermittent work,
respondent never regularly provided financially to the petitioner and to
their child. The respondent did not even spend most of the special events
and holidays like Christmas and New Year with the petitioner and their
child, he was always out with his friends drinking until he will be
intoxicated.
When one time the petitioner confronted the respondent about his
alcohol drinking, he even got mad and held a knife threatened the
petitioner, and sometimes he placed the knife in his pocket when they
went to sleep, because of such the petitioner brought their child with her
to her mother’s house to sleep over for she was very frightened. The
respondent showed extreme mental depression to the petitioner and
usually uttered, especially when he is drunk, that he wanted to commit
suicide. The petitioner always being called “walang kwenta”, “pakarat”,
“putang ina”, “malandi”, and all other defamatory remarks even in the
presence of their daughter, which gave pain and trauma to the petitioner
and to their child. Respondent’s habitual alcoholism and gambling, being
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MARILYN R. SORIANO VS. RICHARD E. CANLAS
Civil Case No. 14499
PRE-TRIAL BRIEF
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with his friends and going home early following morning, existed even
before their marriage and became even worse, and aside from the
respondent consistent disappearance from their conjugal dwelling and
frequent lies to the petitioner, the respondent had an affair with another
woman. Because of respondent’s alcoholism he became impulsive, cruel
and violent, one of the fights of both parties, aside from physical abuse
suffered by the petitioner, the respondent even locked their conjugal
residence and took their child and hid her for two days, only returned
the child to the sister of the petitioner after he became sober.
The respondent had an affair with another woman named “Darvy”,
whom respondent met at cockfight coliseum and they presently lived
together as husband and wife. On April 25, 2010, birthday of the
petitioner, the respondent decided to leave their conjugal dwelling. The
respondent did not even take into consideration that it was the birthday
of the petitioner and yet became impulsive and still decided to left. When
the petitioner begged the respondent not to leave, the respondent even
punched their window made of glass, which shattered all over and even
injured one of the arms of their child.
During the time when the respondent was going home early
morning and drunk until he finally left the petitioner and their child, the
said child always got sick. When the petitioner brought the child to some
doctors for diagnosis, the doctors said the child was experiencing
traumatic stress.
III. PROPOSAL FOR ADMISSIONS AND STIPULATIONS
Petitioner humbly requests the respondent-husband the following
proposal for admissions and stipulation:
a. That the date of marriage is on July 30, 2007 as stated in the parties’
contract of marriage, attached as Exhibit G;
b. Their only child Charlyn Soriano Canlas was born on December 1,
2003 as evidenced by Birth Certificate, attached as Exhibit H.
c. Their said child was born prior to the parties’ marriage as evidenced
by Contract of Marriage and Birth Certificate.
d. The petitioner is resident of L-16 California St., Pavillion, Barangay
Sapalibutad, Angeles City, Pampanga as evidenced in her notarized
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MARILYN R. SORIANO VS. RICHARD E. CANLAS
Civil Case No. 14499
PRE-TRIAL BRIEF
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barangay certificate as Exhibit D, and her identification cards as
Exhibits E & F;
e. Respondent is resident of #306 Purok 3, Barangay Bulaon, City of
San Fernando, Pampanga;
f. Both parties did not obtain any properties, except for their own
personal belongings;
IV. STATEMENTS OF ISSUES
As regards the factual or legal issues, petitioner proposes the
following:
a. Whether or not the marriage of the herein parties is null and
void from the very beginning due to the psychological incapacity
of the respondent-husband in performing his essential marital
obligations;
b. Whether or not such psychological incapacity of the respondent
is permanent, serious, incurable and existing from the very
beginning of their marriage so as to warrant the nullity of their
marriage;
c. Whether or not such psychological incapacity is medically or
clinically proven or established;
V. DISCOVERY PROCEDURES
Plaintiff is also more than willing to avail any discovery modes of
procedures accordance to the Rules of Court.
VI. NUMBER OF WITNESSES TO BE PRESENTED
Petitioner will only present at least three (3) witnesses namely the
petitioner; the psychologist Ms. Amelia Zabala-Macapagal, and another
witness, requiring twenty (20) minutes each in presentation of their
testimonies and will be presented to prove the factual issues of the
instant petition. With general reservation as to the other witness(es)
which may be presented.
VII. DOCUMENTS TO BE PRESENTED
The following documents will be presented for markings during the
course of the trial, to wit:
1. Deputized Letter as Exhibit A;
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MARILYN R. SORIANO VS. RICHARD E. CANLAS
Civil Case No. 14499
PRE-TRIAL BRIEF
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2. Notice of Appearance of the Solicitor General as Exhibit B.
3. Petition dated January 11, 2011, as Exhibit C and series;
4. Barangay Certification of the petitioner, as Exhibit D, that she is
residing at L-16 California St., Pavillion, Barangay Sapalibutad,
Angeles City, Pampanga, within which under the jurisdiction of the
Honorable Court;
5. Voter’s ID and Postal ID of the petitioner as Exhibits E and F.
6. Marriage Contract of the parties dated July 30, 2007, as Exhibit G,–
parties are married.
7. Certificates of Live Birth of Charlyn Soriano Canlas, born on
December 1, 2003, as Exhibit H;
8. Psychological Report by Psychologist Amelia Macapagal, as Exhibit I
– to prove that respondent is suffering from severe incurable
psychological incapacity that occurred prior to the marriage and
worsen after marriage by the respondent to the petitioner.
9. Affidavit of the petitioner dated January 11, 2011 as Exhibit J.
10. Sheriff’s Return of Summons as Exhibit K – to prove that
the court acquired jurisdiction to the respondent.
11. Registry Return Receipt of the Petition from the Office of
the Solicitor General, as Exhibit L – to prove that copy of the herein
petition was received by the Office of the Solicitor General;
With expressed reservation for presentation of other documents
that come in the possession of the undersigned counsel during the
course of the trial.
VIII. APPLICABLE LAWS/ JURISPRUDENCE
1. Family Code of the Philippines, Articles 36 and others;
2. Rules of Court;
3. A.M. No. 02-11-10-SC, “Rule On Declaration Of Absolute Nullity Of
Void Marriages And Annulment Of Voidable Marriages”;
4. Edward Kenneth Ngo-Te vs. Rowena Gutierrez Yu-Te, GR No.
161793 February 13, 2009;
5. Others.
IX. TRIAL DATES
Petitioner’s counsel will present his available trial dates during the
pre-trial conference.
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MARILYN R. SORIANO VS. RICHARD E. CANLAS
Civil Case No. 14499
PRE-TRIAL BRIEF
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MOST RESPECTFULLY SUBMITTED.
Angeles City, Pampanga, June __, 2011.
JUNALD SEDILLO DIONALDO
Counsel for the Petitioner
Unit 6, 2nd Floor, #4384 Mendoza Bldng.,
McArthur Highway, Balibago, 2009 Angeles City, Pampanga
Telephone No. (045) 894 -7239
Atty.’s Roll No. 55678
PTR No. AC 2222164,1/3/2011, Angeles City
IBP No. 821159, 1/ 3/ 2011/ Pasig City
MCLE Compliance No. III-0012663, April 16, 2010
Issued at: 4th Flr., IBP Bldg., 15 Doña Julia Vergas Avenue,
Ortigas Center, Pasig City.
Hon. Clerk of Court
RTC Branch 61
Angeles City
Greetings:
Please submit the foregoing Pre-Trial Brief for consideration and
approval of the Honorable Court immediately upon receipt hereof.
Junald S. Dionaldo
EXPLANATION
[Proof of Service]
That the foregoing Reply is hereby served unto Counsel for the
Respondent and Office of the Solicitor General by registered mail instead
of personal service due to distance and lack of messengerial staff to
effectuate the same. As regards to the Office of the Angeles City
Prosecutor, it is hereby personally as evidenced by his receipt hereof.
Junald S. Dionaldo
Copy Furnished:
TRIAL FISCAL, RTC 61
ANGELES CITY PROSECUTOR Received by: ________________
Angeles City June _____, 2011
OFFICE OF THE SOLICITOR GENERAL Registry Receipt No. __________
#134 Amorsolo St., Legaspi Village, June ______, 2011
Makati City
MR. RICHARD E. CANLAS Registry Receipt No. __________
Respondent June ____, 2011
#306 Purok 3, Barangay Bulaon,
City of San Fernando, Pampanga
x----------------------------------------------------------x
REPUBLIC OF THE PHILIPPINES)
ANGELES CITY, PAMPANGA ) S.S.
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MARILYN R. SORIANO VS. RICHARD E. CANLAS
Civil Case No. 14499
PRE-TRIAL BRIEF
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AFFIDAVIT OF SERVICE
I, MARIA LOURDES T. TARUC, of legal age, a Filipino citizen, and
with postal address at Unit 6, Second Floor, #4384 Mendoza Bldng.,
Balibago, Angeles City, after having been duly sworn to in accordance
with law, hereby deposes and states:
1. That I am a Legal Staff of Petitioner’s counsel;
2. That I caused the service of PreTrial Brief dated __ th June 2011, by
depositing copies thereof on the date as hereunder indicated
plainly addressed to the parties, with instruction to the postmaster
to return the mail to the sender if undelivered after ten (10) days
and the postage fully prepaid, as evidenced by Registry Receipts
hereby attached, to wit:
a. Office of the Solicitor General Reg. Ret. Rec. # ___
134 Amorsolo St., Legaspi Village June __, 2011
Makati City
b. Mr. Richard E. Canlas Registry Receipt No. __________
#306 Purok 3, Barangay Bulaon June ____, 2011
City of San Fernando, Pampanga
3. That the service was made in accordance with Section 13, Rule 13
in relation to Section 3, Rule 46 and Section 2, Rule 56 of the Rules
of Court and personal service cannot be effected due time
constraints and for practical consideration inasmuch as the office
lacks the necessary manpower to effectuate personal service.
Affiant further sayeth naught.
MARIA LOURDES T. TARUC
Affiant
SUBSCRIBED AND SWORN TO before me this ___th day of June
2011 in the Angeles City, Pampanga, by herein affiant who is personally
known to me to be the same person who executed the foregoing and
understood the same.
ATTY. JUNALD S. DIONALDO
Notary Public for Angeles City, Pampanga
Commission No. 2010-272
Until December 31, 2012
Atty’s Roll No. 55678
Doc. No. ______ PTR No. AC 2222164,1/3/2011, Angeles City
Page No. ______ IBP No. 821159, 1/ 3/ 2011/ Pasig City
Book No. 6 Unit 6, 2nd Flr., #4384 Mendoza Bldng.,McArthur
Series of 2011 Highway, Balibago, 2009 Angeles City, Pampanga.
Tel No. (045) 894-7239/Email: junaldlaw@yahoo.com
MCLE Compliance No. III-0012663, 4/16/2010
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