Republic of the Philippines

Regional Trial Court

Third Judicial Region
Malolos City, Bulacan
Branch 79

EVELYN SAMILLANO ORNOPIA,

Petitioner,
CIVIL CASE NO. 347-M-2015
-versus- FOR: Declaration of Nullity of Marriage

FERNANDO O. ORNOPIA JR.,

Respondent.
x------------------------------------------------x

PRE-TRIAL BRIEF

PETITIONER EVELYN SAMILLANO ORNOPIA, through undersigned

counsel most respectfully states that:

BRIEF STATEMENT OF PETITIONER’S CLAIMS AND DEFENSES

This is an action for Declaration of Nullity of Marriage under Articles 35

of the New Family Code.

1. Respondent and Petitioner are husband and wife;

2. That Respondent is found to be married three times, first on 1987 to a

Maria VI Parangue, second on 1991 to the Petitioner herein, and third on
2000 to a Cleodyfe B. Garcia based on the National Indices of Marriage
issued by the National Statistics Office as of October 31, 2014;

3. That the Petitioner was oblivious that the Respondent was already
married on 1987 at the time of the celebration of their marriage in 1991,
without the first marriage being legally dissolved.

SUMMARY OF FACTS AND PROPOSED STIPULATION OF FACTS

1. The identity of parties as petitioner and respondent;

2. The fact of marriage, parties having been married on April 4, 1991;

3. That the petitioner and the respondent have four children

a. Mark Fernan S. Ornopia – May 9, 1987
 b. Justine Eve S. Ornopia – Dec. 6, 1993
c. Mae S. Ornopia – May 17, 1995
d. Al Saadeh S. Ornopia – June 6, 1999

4. That the respondent abandoned the petitioner and their children when
he went abroad to Saudi Arabia on 2001;
5. That the respondent contracted three different marriages
a. On October 16, 1987 – to MARIA VI PARANGUE;
b. On April 4, 1991 – to EVELYN SAMILLANO;
c. On August 28, 2000 – CLEODYFE B. GARCIA.

PROPOSAL FOR ADMISSION

1. That Respondent contracted marriage with the petitioner while the first
marriage is subsisting and without legally dissolving such marriage;
2. That the Petitioner is oblivious of the fact that the Respondent was
married on 1987.

ISSUES TO BE TRIED OR RESOLVED

Whether or not the marriage between the petitioner and the respondent is
void ab initio for being a bigamous marriage.

DOCUMENTS OR EXHIBITS TO BE PRESENTED

1. Certificate of Live Birth ----Exhibits "A" “B” “C” and “D”
Purpose: To prove that the petitioner and the respondent have
common children
2. Marriage Contract ----Exhibit "E"
Purpose: To prove the existence of the marriage between the
petitioner and the respondent
3. Philippine Statistic’s Authority (formerly NSO) Certification ---
Exhibit “F”
Purpose: To prove that the respondent was previously married on
1987 when he contracted a second marriage with the Petitioner on
1991

AVAILMENT OF MODE OF DISCOVERY

Petitioner will not avail any modes of discovery.

NUMBER AND NAMES OF WITNESSES AND THE SUBSTANCE OF

THEIR RESPECTIVE TESTIMONIES
Petitioner intends to present three (3) witnesses, to wit:

1. EVELYN SAMILLANO ORNOPIA, petitioner

2. AL SAADEH S. ORNOPIA, youngest child of the petitioner and
respondent
3. Representative from Philippine Statistic’s Authority

Petitioner EVELYN SAMILLANO ORNOPIA, reserves the right to present

any and all documentary evidence, which shall become relevant to rebut
respondent’s witnesses, if necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. Provisions on the Family Code
2. Applicable laws and jurisprudence relevant on the matter.

AVAILABILITY FOR TRIAL

It is respectfully suggested that the dates of the trial be set during the
pre-trial conference upon the agreement of the parties to avoid conflict of
schedule.

RESERVATION
Petitioner reserve their right to amend this Pretrial Brief, including, but
not limited to, the inclusion/presentation of additional witnesses, issues and
documents as the exigencies of the proceedings may warrant.

RESPECTFULLY SUBMITTED to this Honorable Court this __ day of

_____________ 2018 in the City of San Jose del Monte, Bulacan.

A.G.A. LAW OFFICE

San Ignacio Street, Barangay Poblacion I
City of San Jose Del Monte, Bulacan

By:

ANTONIO D. ANDRES JR.

Roll No. 59469
PTR No.1738496; 1/03/2018; CSJDM, Bulacan
IBP No.020300; 1/04/2018; Bulacan
MCLE Compliance No. V-0018549/4-15-16

Copy Furnished:
FERNANDO O. ORNOPIA JR.
IIihan, Tabogon, Cebu

Office of the Provincial Prosecutor

City of Malolos, Bulacan

Office of the Solicitor General

134 Amorsolo St., Legaspi Village.,
Makati City

Philippine Statistics Authority

PSA Complex, East Ave., Diliman
Quezon City

The Local Civil Registrar

Talisay, Batangas

EXPLANATION:

In compliance with Rule 13 Section 11 of the Rules of Court, service

by registered mail, of the foregoing Pre-Trial Conference Brief, to the other
party was resorted to due to distance and lack of personnel to effect personal
service.

ATTY. ANTONIO D. ANDRES JR.