Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
DESIGNATED FAMILY COURT
BRANCH 36



Lin Doe
Petitioner,

-versus-

Roy Doe
Respondent.
Civil Case No. 06-10
For: Judicial Declaration of
Nullity of Marriage


PRE TRIAL BRIEF


Petitioner, by and through the undersigned counsel most respectfully submits
this pre-trial brief:

POSSIBILITY OF AMICABLE SETTLEMENT
The Petitioner is ready, willing and able to submit this case to any alternative
mode of dispute settlement and likewise she is willing to settle this case amicably only to
the extent of the amount of support.

STIPULATION OF FACTS
1. That before Petitioner and Respondent got married in 2002, the latter introduced
a certain Reymous Fernandez Doe, a seven year old child then, to the former as
his child out of wedlock. The child is using the surname of the respondent even
he is illegitimate because he was adopted by the respondents parents.

2. That Plaintiff and Respondent were married on August 14, 2002 at Max
Restaurant, Pansol, Calamba, Laguna solemnized by Pastor Levy M. Erasga of the
Church of God.
Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage
Page 2 of 4


3. That Mark Gabriel Doe, born in January 26, 2003, is their only child.

4. That is the course of their marriage, petitioner was bothered by respondents
relatives that she is already the second wife of the respondent. Petitioner went to
the National Statistics Office to check the allegation of the respondents relatives
and she discovered that the respondent has a subsisting marriage with Grace B.
Dela Cruz which was solemnized on May 31, 1995 at Bayambang, Pangasinan by
Rev. Ernesto S. De Vera of the United Church of Christ.

5. That petitioner and respondent separated on May 2006. Petitioner continued to
stay in Laguna while respondent moved back to Makati. Respondent occasionally
visit their child but did not leave any financial support since then.

6. That their only child will now start going to school and the petitioner is only
earning more or less P15,000.00 monthly which is inadequate to support the
education of their child. Respondent is earning more or less P25,000.00
monthly, he is very much able to support the child notwithstanding the fact that
it is his obligation to support their child.

ISSUES TO BE RESOLVED
1. Whether or not the marriage is void ab initio because of the previous valid
marriage of the respondent;

2. Whether or not their child is entitled to support and how much;



Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage
Page 3 of 4

DOCUMENTS TO BE PRESENTED
1. Certified photocopy of the Marriage Certificate of the petitioner and the
respondent to be marked as Exhibit A.
a. The signature appearing above the printed name Lin Doe to be marked as
Exhibit A-1.
b. The signature appearing above the printed name Roy Doe to be marked as
Exhibit A-2.
c. The Signature appearing above the printed name Pastor Levy M. Erasga to
be marked as Exhibit A-3.

2. Certified photocopy of the birth certificate of Mark Gabriel Doe to be marked as
Exhibit B.

3. Certified photocopy of the birth certificate of Reymous Doe to be marked as
Exhibit C.

4. Certified photocopy of the Marriage Certificate between the Respondent and
Grace Dela Cruz to be marked as Exhibit D.
a. The signature appearing above the printed name Roy Doe to be marked as
Exhibit D-1.
b. The signature appearing above the printed name Grace Dela Cruz to be
marked as Exhibit D-2.
c. The signature appearing above the printed name Rev. Ernesto S. De Vera
to be marked as Exhibit D-3.

5. Petitioner reserves the right to present other documents that may be necessary
during the course of the trial.

Doe v. Doe
Civil Case No. 06-10
For Judicial Declaration of Nullity of Marriage
Page 4 of 4

INTENTION TO AVAIL DISCOVERY PROCEDURES
Petitioner is willing to avail discovery procedures or referral to commissioners.

WITNESSES TO BE PRESENTED
1. Petitioner will present herself to testify about her marriage with the respondent
and to ascertain that Mark Gabriel Doe is their child.

2. Pastor Levy M. Ersaga who will testify about the fact of the celebration of
marriage he solemnized between the petitioner and the respondent.

3. Rev. Ernesto S. De Vera who will testify about the fact of the celebration of
marriage he solemnized between Grace Dela Cruz and the respondent.

4. Petitioner reserves the right to present other witnesses who will testify about the
fact of her marriage with the respondent and other related matters as it may be
necessary in the course of trial.

AVAILABLE TRIAL DATES
The undersigned counsel is available for trial on the following dates, 6, 13, 20,
and 27 of October 2009. The undersigned counsel also respects the calendar of this
Honorable Court and agrees to other dates that may be set during the pre-trial as may
be convenient to the counsel for the defendant and the Honorable Court.

RESPECTFULLY SUBMITTED.
Marikina City for Makati City, 29 September 2009.


ISRAEL ABCEDE DAMASCO
Counsel for the Petitioner
Roll No. XXXXXX
IBP No. XXXXXX; Marikina City; 18 Jan. 2009
PTR No. XXXXXXX; Marikina City; 18 Jan. 2009