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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Metro Manila
Branch ______

Mohar Ishmula,
Petitioner,

- Versus - Civil Case No. ___________


For: Declaration of Nullity of Marriage

Anne Curtis-Smith,
Respondent.
x-------------------------/

PRE-TRIAL BRIEF

(for Petitioner Mohar Ishmula)

Petitioner Mohar Ishmula through the undersigned counsel and unto his Honorable
Court most respectfully submits his pretrial brief:

STATEMENT OF THE FACTS AND 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 respondent is clinically found to be psychologically
incapacitated to comply with the essential requisites of marriage identified as
Narcissistic Personality Disorder with Anti-Social Traits w c) that the root cause of
such illness is traced from her 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 met respondent in a party after a week of courting they decided to


get married. However respondent after a few days from their wedding decided to go
abroad for work reasons. Respondent did not contact petitioner they only made
contact with each other when petitioner went abroad to look for respondent. They
went home together but respondent refused to sleep in their home and preffered
sleeping on her coaster. Both couple quarrelled everyday until anne decided to just
leave prompting the filing of this case.

PROPOSED STIPULATION OF FACTS

1.The identities of parties as petitioners and respondent


2.The Fact of marriage, parties having been married on _____
3.That no property was acquired by both spouses
4.Their de-facto separation and the absence of cohabitation between the spouses

LIST OF DOCUMENTARY EVIDECE


1. Marriage Contract-- Exhibit B
2. Judicial Affidavit of Petitioner
3. Judicial Affidavit of Psychologist
4. Judicial Affidavit of Manager
5. Judicial Affidavit of Parent of respondent
.Registry Receipt --- Exhibit G
.Psychological Report --Exhibit J
ABSTRACT OF TESTIMONY

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.

Two corroborative witness will be presented

NUMBER OF WITNESSES TO BE PRESENTED

Petitioner and at least (3) witnesses.

ADMISSIONS

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


matters.

APPLICABLE LAWS AND JURISPRUDENCE

Provisions of 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 February settings or at other dates


convenient with this Honorable Court.

Respectfully Submitted:

Atty
11th Avenue cor 39th Street
Bonifacio Triangle, Bonifacio Global.,
Taguig City
IBP No. 456789 dtd. 02-14-16 Quezon City
PTR No. 1434456 /01/14/97/ Pasig
Roll No. 334769752
MCLE Compliance II 0009868
Dtd. March 27, 2015

Copy Furnished:

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


Manila City

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


135 Amorsolo St. Legaspi Vill.,
Makati City

Respondent Anne Curtis Smith-----Personal Service


8 KAWAYAN cor. PANDAN St. Forbes Park,
Makati City

EXPLANATION

Pursuant to the Provisions 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 Brief was to Office of the Solicitor General by registered Mail instead of
personal serve in view of lack of manpower