Pre Trial Brief: Petition For Declaration Of Nullity Of Marriage 3t1965

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region San Juan City Branch 162 BHENJO C. BERNARDO Petitioner, - versus -

JDRC No.8364-51 For: Declaration of Nullity of Marriage

GRETCHEN B. GENOVEZA-BERNARDO, 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 36 & 68 of the New Family Code. Petitioner alleges in his Petition, viz: a) that petitioner and respondent are husband and wife; b) that both respondent and petitioners are clinically found to be psychologically incapacitated to comply with the essential requisites of marriage identified as Narcissistic Personality Disorder with Anti-Social Traits while respondent is suffering with Histrionic Personality Disorder; c) that the root cause of such illness is traced from their respective childhood; d) such illness is diagnosed to be grave and incurable; e) that such illness existed prior to the marriage and became apparent at the time of the marriage. Petitioner likewise alleges that a child was born in wedlock and their de-facto separation which culminated from petitioner’s frustration of respondent’s mercurial change of disposition, abusive and manipulative conduct, immaturity, excessive spending and adulterous conduct. That respondent failed to give love, emotional and fidelity to the marriage. PROPOSED STIPULATION OF FACTS 1. 2. 3. 4. 5.

The identity of parties as petitioner and respondent; The fact of marriage, parties having been married on December 02, 2002 ; The a child was born in wedlock; The no property was acquired by both spouses; and, Their de-facto separation and the absence of cohabitation between the spouses. LIST OF DOCUMENTARY EVIDENCE

1. Marriage Contract ----Exhibit "A" 2. 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.

Page 02. The Clinical Psychologist who will testify on the psychological done on both petitioner and respondent.

evaluation

NUMBER OF WITNESSES TO BE PRESENTED Petitioner and at least two (2) witnesses. ISSIONS Outside of the matters alleged, petitioner is not inclined to it further matters. APPLICABLE LAWS AND JURISPRUDENCE Provisions on the Family Code. ISSUES Whether or not respondent is psychologically incapacitated to comply with the essential requisites of marriage which is a valid ground under Art. 36 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: Quezon City. October 21, 2009. MARIA LOURDES PAREDES-GARCIA Counsel for Petitioner Wheels Executive Suites Wheels Bldg., E. Rodriguez Sr. Ave., Quezon City IBP No. 764814 dtd. 01-07-09Pasig City PTR No. 5448574 /01/14/09/ Rizal Roll No. 33476 MCLE Compliance II – 0009328 Dtd. March 27, 2008 Copy furnished: Office of the City Prosecutor ------------------- Personal Service Quezon City Office of the Solicitor General ----------ed 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 ed Mail instead of personal serve in view of lack of manpower. Docs/My Cases/Family/Bernardo/Pre-trial Brief