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Pre Trial Brief Defendant

Gail Montero filed a petition for nullity of marriage against Calixto Montero. Calixto admits to a previous marriage in 2009 but claims he obtained an absolute divorce decree in the United States, which he submitted to obtain a marriage license when he married Gail in 2014. Calixto is willing to settle the dispute through mediation. The key issues to be tried are whether Calixto was free to marry when he wed Gail and if their 2014 marriage is valid. Calixto intends to present witnesses and submit his divorce decree and signatures as evidence to prove his claims.

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Lien Patrick
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463 views2 pages

Pre Trial Brief Defendant

Gail Montero filed a petition for nullity of marriage against Calixto Montero. Calixto admits to a previous marriage in 2009 but claims he obtained an absolute divorce decree in the United States, which he submitted to obtain a marriage license when he married Gail in 2014. Calixto is willing to settle the dispute through mediation. The key issues to be tried are whether Calixto was free to marry when he wed Gail and if their 2014 marriage is valid. Calixto intends to present witnesses and submit his divorce decree and signatures as evidence to prove his claims.

Uploaded by

Lien Patrick
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
Pasay City, Branch ___

GAIL MONTERO,
Petitioner,

-versus- CIVIL CASE NO.____________


For: Declaration of Nullity of
Marriage under Article 41 of the
Family Code of the Philippines

CALIXTO MONTERO,
Respondent.
x----------------------------------x

PRE-TRIAL BRIEF

RESPONDENT, through Counsel, and unto this Honorable Court, respectfully


submits this Pre-Trial Brief, as follows:

I. STATEMENT OF FACTS

1. That this is a case for nullity of marriage;


2. That the petitioner and the respondent met and entered into a
relationship in 201
3. That the petitioner and the respondent was married on June 20, 2014
4. That the respondent admits that he contracted a previous marriage in
2009

II. RESPONDENT’S CLAIM

1. That he obtained a Decree of Absolute Divorce in the United States for


his previous marriage
2. That the respondent submitted the decree of absolute divorce as a
requirement of obtaining a marriage license
3. That the submission of absolute divorce fully complied with the
requirement

III. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

1. The respondent is open to settling this dispute amicably;


2. The respondent is willing to submit herself to mediation and other
alternative modes of dispute resolution.
IV. ISSUES TO BE TRIED

Respondent submits that the following issues are subject to proof:


1. The respondent has no existing marriage when he married the
petitioner
2. The marriage between the plaintiff and defendant on June 20, 2014 is
valid

V. TESTIMONIAL EVIDENCE

The RESPONDENT intends to present one (1) or two (2) witnesses to


prove her allegations and claims

VI. EVIDENCE FOR MARKINGS

The RESPONDENT requests the markings as exhibits of the following


documents:
1. Marriage Certificate/Contract of Gail Montero with Calixto Montero
2. Signature in the Marriage Certificate
3. Decree of Absolute Divorce
4. Signature of the Respondent in the Decree of Absolute Divorce

VII. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial
conference to dates most convenient to this HONORABLE COURT and
to all the parties.

Respectfully submitted.

October 12, 2018, Pasay City.

ATTY._______
Counsel for the Respondent

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