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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 555, Pasig City

HAPPY GO LUCKY,
Petitioner,

JDRC CASE No. 42345 - SJ


-versus- FOR: Declaration of Nullity of
Marriage under Art. 35 (3) of the
Family Code of the Philippines

MARIA ATONETA A. LUCKY,


Respondent.
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PRE-TRIAL BRIEF

PETITIONER, by counsel, unto this Honorable Court, most


respectfully submits his Pre-Trial Brief and states THAT:

POSSIBILITY OF AMICABLE SETTLEMENT

Considering the nature of the present action, a compromise


agreement or amicable settlement is not appropriate. Thus, petitioner
is not making any suggestion and proposal.

STATEMENT OF THE CASE

This is an action for Judicial Declaration of Nullity of Marriage


filed by herein petitioner against herein respondent on the ground of
absence or lack of marriage license pursuant to the provisions of
Article 35 (3) of Executive Order No. 209, otherwise known as the
Family Code of the Philippines.

PROPOSED STIPULATION OF FACTS

The Petitioner proposes the following stipulation of facts:


a. The identity of the parties and the jurisdiction of the
Honorable Court;

b. Authenticity and due execution of the following


documents:

b.1. Marriage Contract of the parties issued by the


Philippine Statistic Authority with Register No. 12789;
b.2. Marriage Contract of the parties issued by the
City Civil Registry of Manila with Register No. 12789;
b.3. Certification dated March 25, 2013, issued by the
City Civil Registrars Office of the City of Bacoor, Cavite;
b.4. Affidavit of Publication executed by Rina S.
Santos, Tiktik;
b.5. Copy of the Newspaper issue of Tiktik dated
January 23, 2015;
b.6. Copy of the Newspaper issue of Tiktik dated
January 30, 2015;

ADMISSIONS

Outside of the matters alleged in the petition, petitioner is not


inclined to admit further matters.

ISSUE TO BE TRIED AND RESOLVED

Whether or not the marriage between herein parties should be


judicially declared void ab initio and without effect on the ground of
absence or lack of marriage license.

APPLICABLE LAWS AND JURISPRUDENCE

a. Pertinent provisions of Executive Order No. 209,


otherwise known as the Family Code of the Philippines, particularly,
Articles 3, 4 and 35 (3);

b. The Rules of Court;

c. Applicable decisions of the Supreme Court of the


Philippines; and

d. Other related procedural and substantive laws.

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DOCUMENTS TO BE PRESENTED

EXHIBITS A and A-1: Marriage Contract;

EXHIBIT B: Marriage Contract;

EXHIBIT C: Certification;

EXHIBIT D: Affidavit of Publication;

EXHIBIT E: Newspaper issue of Tiktik;

EXHIBIT F: Newspaper issue of Tiktik;

All of the aforementioned documents are already part of the


records of the Honorable Court.

WITNESSES TO BE PRESENTED

a. HAPPY GO LUCKY;

b. THE CITY CIVIL REGISTRAR OF BACOOR,


CAVITE AND/OR ANY OF THEIR AUTHORIZED
REPRESENTATIVE;

RESERVATIONS

Petitioner reserves the right to present additional documentary


evidence and/or witnesses as may be determined to be relevant to the
case during the course of trial.

AVAILABLE TRIAL DATES

The undersigned counsel for the petitioner will arrange with the
opposing counsel the available dates for the subsequent hearings as
may be accommodated by the Honorable Courts calendar.

PRAYERS

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WHEREFORE, premised on the foregoing consideration, it is
most respectfully prayed unto this Honorable Court that the
foregoing Pre-Trial Brief of the Petitioner be duly NOTED.

Other reliefs and remedies, just and equitable under the


premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

Quezon City for the City of San Juan. August 4, 2016.

Atty. JAIME Q. TOMELDEN

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