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Pretrial Brief

This document is a pre-trial brief submitted for a case seeking nullification of a marriage in the Regional Trial Court of Misamis Oriental. It summarizes that the petitioner alleges the marriage should be annulled because the respondent concealed being a closeted homosexual, and this was a factor in the petitioner's consent to marry. It lists proposed stipulations of fact, documentary evidence to be presented, witnesses, applicable laws, and issues for the court to consider, including whether the respondent's concealment constitutes valid grounds for annulling the marriage under the Family Code.

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2K views5 pages

Pretrial Brief

This document is a pre-trial brief submitted for a case seeking nullification of a marriage in the Regional Trial Court of Misamis Oriental. It summarizes that the petitioner alleges the marriage should be annulled because the respondent concealed being a closeted homosexual, and this was a factor in the petitioner's consent to marry. It lists proposed stipulations of fact, documentary evidence to be presented, witnesses, applicable laws, and issues for the court to consider, including whether the respondent's concealment constitutes valid grounds for annulling the marriage under the Family Code.

Uploaded by

roquesa buray
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 OF MISAMIS ORIENTAL


10th Judicial Region
Branch 22
Cagayan de Oro City

NANETTE AMORES DULFO, CV-FMY-2017-213

-versus-

For: PETITION
FOR DECLARATION OF
NULLITY OF MARRIAGE WITH
A PRAYER FOR CUSTODY OF
MINORS & SUPPORT

ANTONIO MAESTRADO RAZALO JR.,

Respondent,

x----------------------x

PRE-TRIAL BRIEF

PETITIONER by the undersigned counsel and unto this


Honorable Court most respectfully states:

STATEMENT OF THE FACTS AND OF THE CASE

This is an action for Declaration of Nullity of Marriage under Articles


45 and 46 of the New Family Code.

Petitioner alleges in his Petition, viz: a) that the respondent is a


closeted homosexual, b) that such homosexuality existed at the time
of the marriage, c) that such fact was concealed to the petitioner, d)
that should the petitioner knew about such fact, she would not have
marry the respondent and e) that the consent of petitioner was
obtained by fraud.

Petitioner likewise alleges that a child was born during the marriage
and their de-facto separation which culminated from petitioner’s
discovery of respondent’s concealed homosexuality.

PROPOSED STIPULATION OF FACTS

01. The identity of parties as petitioner and respondent;


02. The fact of marriage, parties having been married on January,8,
2007;
03. Their child was born in September 01, 2007;
04. That no other property was acquired by both spouses except
the family home located at Block 8, Lot 3, Gold City, Phase 1,
Balulang, Cagayan de Oro City; and,
05. Their de-facto separation and the absence of cohabitation
between the spouses.

LIST OF DOCUMENTARY EVIDENCE

01. Marriage Contract ----Exhibit "A"

02. Birth Certificate of child-----Exhibits "B"

03.The Psychological Report-----Exhibit "C”

ABSTRACT OF TESTIMONIES

Petitioner will be testifying on the allegations in the Petition and will


present documentary evidence.

The Clinical Psychologist who will testify on the psychological


evaluation done on both petitioner and respondent.
NUMBER OF WITNESSES TO BE PRESENTED

Petitioner and at least two (2) witnesses.

ADMISSIONS

Outside of the matters alleged, petitioner is not inclined to admit


further matters.

APPLICABLE LAWS AND JURISPRUDENCE

Provisions on the Family Code.

ISSUES

Whether or not respondent is a closeted homosexual who concealed


such fact and that the consent of petitioner was obtained by fraud
which is a valid ground under Art. 45, in relation to Art. 16 of the
New Family Code to declare the marriage a nullity.

AVAILABILITY FOR TRIAL

Counsel will be available for trial on dates convenient with this


Honorable Court.

Respectfully Submitted:

Cagayan de Oro City. January 23, 2018.


JOULE ARTEMSON VISABELLA
Counsel for Petitioner
Wheels Executive Suites
Wheels Bldg.,Coralles Ave.,
Cagayan De Oro City
IBP No. 764814 dtd. 01-07-09-Mis. Or.
PTR No. 5448574 /01/14/09/ Mis.Or
Roll No. 33476
MCLE Compliance II – 0009328
Dtd. March 27, 2018

Copy furnished:

Office of the City Prosecutor ------------------- Personal Service

Quezon City

Office of the Solicitor General ----------Registered Mail w/ Return Card

135 Amorsolo St., Legaspi Vill.,

Makati City

EXPLANATION

Pursuant to the Provision of Rule 13, Section 11 of the 1997 Rules in


Civil Procedure as Amended, undersigned submits this Explanation that the
service of this Pre- Trial was to Office of the Solicitor General by Registered
Mail instead of personal serve in view of lack of manpower.

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