REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 16, PASAY CITY

GARY M. ARALDE,
Petitioner,

-versus- CIVIL CASE NO. R-QNL-00412-CV

FOR: NULLITY OF MARRIAGE

KRISET RICO ARALDE,

Respondent

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

PETITONER’S PRE-TRIAL BRIEF

Petitioner, with the assistance of the Public Attorney’s

Office through the undersigned counsel and unto this
Honorable Court, most respectfully submits this PRE-TRIAL
BRIEF.

I. The Possibility of an Amicable Settlement or of

Submission to Arbitration or other Alternative Modes of
Dispute Resolution

Only insofar as the issue in support is concerned,

Petitioner is amenable to any fair and just amicable
settlement and/or submission to arbitration.

II. Petitioner’s Claim

The marriage of Petitioner and Respondent should be

declared null and void due to the psychological
incapacity of the Respondent in accordance with
Article 36 of the Family code of the Philippines.

III. Admission if Facts

Petitioner’s allegation in her Petition constitutes his

only admissions and nothing more.

IV. Stipulation of Facts

1. Petitioner and Respondent were married on 15

May 1978.
 2. The marriage of Petitioner and Respondent were
blessed with children names Alicia B. Aralde, and
Julie B. Aralde.

V. Issues

1. Whether the Respondent is psychologically

incapacitated to perform the essential marital
obligations under the Family code.
2. Whether the Respondent and Respondent’s
marriage should be nullified pursuant to Article 36
of the Family Code.

VI. Applicable Law and Authorities

1. The Family Code of the Philippines

2. Civil Code of the Philippines; and allied laws/
jurisprudence.

VII. Documentary Evidence

1. Judicial Affidavit of Petitioner Gary M. Aralde.

PURPOSE: To support the material allegations in
his petition, to narrate the relationship he had
with the Respondent, to identify certain
documents and to testify on other matters relevant
to his Petition.

2. Marriage Certificate of the parties, LCR form No.

3A and Advisory on Marriages.
PURPOSE: To prove that the parties were married
on 15 June 1978.

3. Birth Certificate of Alicia B. Aralde and Julie B.

Aralde.
PURPOSE: To prove that the Petitioner and
Respondent had children named ___

4. Judicial Affidavit of Psychologist Dr. Ron

Burgundy
PURPOSE: To prove that Clinical Psychologist Dr.
Ron Burgundy conducted a psychological
evaluation, interviews and tests on the petitioner,
Respondent and other witnesses and on the basis
thereof, concluded that Respondent is
psychologically incapacitated to perform her
essential marital obligations to the Petitioner.
 5. Psychological Evaluation Report of Dr. Ron
Burgundy
PURPOSE: To prove that the result of the
psychological evaluation interviews, and test on
the Petitioner and other witnesses, Psychologist
Dr. Ron Burgundy made a psychological
evaluation report which shows that Respondent is
psychologically incapacitated to perform her
essential marital obligations to the Petitioner.

6. Diploma of Dr. Ron Burgundy PRC License,

Certificates of Dr. Ron Burgundy, Curriculum
Vitae of Dr. Ron Burgundy, IDs of Dr. Ron
Burgundy, and invitation and Write-up of ABS-
CBN.
PURPOSE: To prove that Dr. Ron Burgundy is a
psychiatrist and expert witness.

7. Judicial Affidavit of witness Aida Aralde Otte

PURPOSE: To corroborate the statements and
allegations of Petitioner.

Petitioner hereby reserves his right to present

such other documentary evidence during the
course of the trial.

VIII. Number of Intended Witnesses and the Nature of their

Testimony

Petitioner intends to present the following witnesses:

1. Petitioner Gary M. Aralde, to testify on all relevant

allegations in his Petition and other matters
related thereto.
2. Psychologist Dr. Ron Burgundy, to testify that
Respondent is psychologically incapacitated to
perform her essential marital obligation to the
Petitioner.
3. Witness Aida Aralde Otte, to testify as
corroborative witness and to substantiate the
allegations in the Petition as well as other matters
related thereto,

Petitioner hereby reserves his right to present

other witnesses during the course of the trial
 IX. Available Trial Dates

Petitioner is agreeable to trial dates as may be

arranged between the parties during the Pre-trial on
this Petition.

RESPECTFULLY SUBMITTED

Pasay City, April 13, 2018

 Department of Justice
PUBLIC ATTORNEY’S OFFICE
6 Floor Justice Cecilia Munoz Palma Bldg.
th

Quezon City Hall, Diliman, Quezon City

Atty. Paolo San Mateo

Public Attorney II
IBP No. 1058793 – QC 1/4/2017
PTR No. – Exempt
Roll No. 64483
MCLE Compliance No. V – 0015859
4/14/2019

Copy Furnished:

Office of the Solicitor General

No. 134 Amorsolo Street, Legaspi Village
Makati City

ACP Oliver Santos

Assistant City Prosecutor
Pasay City

Kriset Rico Aralde

No. 3-F Aries cor. Leo, Sta. Rita,
Olongapo City

EXPLANATION

A copy of the forgoing Petitioner’s Pre-Trial Brief was

served upon the Solicitor General and Respondent by registered
mail with return card due to distance and lack of material
personnel to effect such personal service.