REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BINANGONAN, RIZAL
BRANCH 70

NINO A. TERESA,
Petitioner,

- versus - CIVIL CASE NO. JDRC

16-044
For: Declaration of
Absolute
Nullity of
Marriage

MARIA B. LEONORA
- TERESA,
Respondent.
x----------------------------------------x

PRE-TRIAL BRIEF
(For the Petitioner)

Petitioner NINO A. TERESA, by counsel, in

compliance with the Order of this Honorable Court dated
13 July 2017 (copy received on 14 August 2017), most
respectfully submits this Pre-Trial Brief and states that:

I. POSSIBILITY OF COMPROMISE

1.1. The law prohibits any compromise between the

parties in a case for declaration of nullity of marriage on
the ground of psychological incapacity as the instance
may be taken as collusion between the parties, the
matters of which should be threshed out through
adversarial proceedings.

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 II. ADMISSION OF FACTS
AND STATEMENT OF CLAIMS

2.1. This is a case for Declaration of Nullity of

Marriage between the petitioner and respondent;

2.2. The petitioner and respondent were married in

a civil ceremony on 11 December 1999 at the East Ridge
Golf Course in Rizal;

2.3. The regime of “Absolute Community of

Properties” governs the property relations of the parties;

2.4. The petitioner and respondent have one (1)

child, namely: Johnny Martin Teresa who was born on 10
June 2000;

2.5. Johnny Martin Teresa has always been in the

custody of the respondent from the time of the parties’
separation;

2.6. Before, at the time, and after the celebration of

marriage of the parties on 11 December 1999, the
respondent was and still is psychologically incapacitated
to comply with the essential obligations of marriage;

2.7. The Clinical Psychologist, Dr. Jessica Tayag,

found the respondent to be suffering from a psychological
disorder- “NARCISSISTIC PERSONALITY
DISORDERS” and concluded the failure of the
respondent to conform to her role as a wife has marred
their marriage vows that eventually resulted in the
parties’ separation;

2.8. The marriage between the petitioner and

respondent is null and void ab initio on the ground of
psychological incapacity of the respondent, thus resulting
in her failure to perform the fundamental obligations of
marriage;

Claims of the Respondent

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 2.9. The respondent failed to file an Answer.

III. APPLICABLE LAWS AND JURISPRUDENCE

3.1. The pertinent provisions of the Family Code,

particularly Article 36 thereof and the provisions on child
custody;

3.2. The applicable cases relating to the declaration

of nullity of marriage on the ground of psychological
incapacity and the pertinent and prevailing jurisprudence
over the matter such as, but not limited to: Santos vs.
CA (G.R. No. 112019, 4 January 1995), Te vs. Te
(G.R. No. 161793, 13 February 2009), Marcos vs.
Marcos (G.R. No. 136490, 19 October 2000),
Bernardino vs. CA, G.R. No. 141917, 7 February
2007) and Republic vs. Molina (G.R. No. 108763, 13
February 1997) and others.

IV. PROPOSAL FOR STIPULATION

AND ADMISSION OF FACTS

4.1. That petitioner and respondent were married

on 11 December 1999 under civil ceremony at the East
Ridge Golf Course in Rizal;

4.2. The petitioner and respondent have one (1)

child, namely: Johnny Martin Teresa who was born on 10
June 2000;

4.3. The custody of the children since the parties’

separation- in-fact has always been with the respondent;

4.4. The parties have been separated-in-fact since

January 2004;

4.5. That the petitioner and respondent have no

existing properties belonging to the absolute community
regime acquired during the marriage as the same merely
comprised of items of insignificant value which have
depreciated over time.

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 V. DOCUMENTARY EVIDENCE

Exhibit Document Nature and Purpose

National
Statistics copy
To prove that the petitioner
of the
and respondent were married
Certificate of
“A” on 11 December 1999 at East
Marriage
Ridge Golf Course in Angono,
between the
Rizal
petitioner and
respondent
National
To prove that Johnny Martin
Statistics copy
Teresa is the only child of the
of the Birth
“B” petitioner and the respondent
Certificate of
and was born during the
Johnny Martin
existence of their marriage.
Teresa
To prove that the respondent is
psychologically incapacitated
to perform the essential
A Report on the
obligations of marriage
Psychological
because the respondent is
Assessment of
suffering from a disorder
both NINO
known as “Narcissistic
TERESA, the
Personality Disorders”.
petitioner for
Nullity of
To prove that the personality
Marriage
disorder of the respondent,
against
“C” which amounts to her
respondent
psychological incapacity to
MARIA B.
perform the essential
LEONORA-
obligations of marriage, is
TERESA, dated
grave and severe enough to
15 March 2016,
debilitate her from assuming
prepared by
the essential obligations of
Clinical
marriage, has juridical
Psychologist Dr.
antecedence, deeply rooted,
Jessica Tayag
and incurable by any available
treatment.

5.1. Petitioner reserves the right to present

additional documentary evidence, with leave of the
Honorable Court, during the course of the trial which

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may prove to be relevant and material to the above-
entitled case.

VI. WITNESSES TO BE PRESENTED

6.1. The petitioner himself, Nino Teresa, who shall

testify as to the material allegations made in the instant
Petition.

6.2. The Clinical Psychologist, Jessica Tayag, who

shall testify as to the clinical findings made in relation to
the material allegations made in the Petition.

6.3. The petitioner and respondent’s only child,

Johnny Martin Teresa, who shall testify as to material
allegations in the Petition which are personally known to
him.

6.4. Petitioner reserves the right to present such

other witnesses, with leave of the Honorable Court,
during trial if the need arises or should their testimony
prove relevant and material to the above-entitled case.

VII. ISSUES TO BE RESOLVED

7.1. Whether or not the respondent is

psychologically incapacitated to comply with the essential
obligations of marriage to the petitioner.

7.2. Whether or not the marriage between

petitioner and respondent is null and void ab initio on the
ground of psychological incapacity as provided for in
Article 36 of the Family Code.

7.3. Whether or not the sole custody of their minor

child, Johnny Martin Teresa should be granted to the
petitioner.

RESPECTFULLY SUBMITTED.

Pasig City for Binangonan, Rizal; 25 September

2017.

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 SAPON & GIRAO
LAW OFFICES
Counsel for Petitioner Nino
Teresa
th
Suite 429, 4 Floor, One Corporate
Center,
Doña Julia Vargas Ave. cor.
Meralco Ave.
Ortigas Center, Pasig City
Contact Numbers: (02) 6353512 /
(02) 7313123

By:

JESSICA A. PEARSON
Roll No. 63124
IBP No. 1055616 01.03.17; RSM
PTR No. 2513185; 01.03.17; Pasig City
MCLE Compliance No. V- Admitted to the Bar on 22 June
2016

Copy furnished:

THE PROVINCIAL PROSECUTOR

Office of the Provincial Prosecutor
Binangonan, Rizal

THE SOLICITOR GENERAL

Office of the Solicitor General
134 Amorsolo Street
Legaspi Village, Makati City

MARIA B. LEONORA-TERESA
Respondent
Phase 2B Grapes St.,
Vista Verde Subd., Cainta, Rizal

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 EXPLANATION

Branch Clerk of Court

Regional Trial Court
Branch 70
Binangonan, Rizal

Greetings:

Copy of the foregoing Pre-Trial Brief was served to

the Respondent and the Office of the Solicitor General by
registered mail due to the distance involved and
temporary lack of personnel to effect personal service.

JESSICA A. PEARSON

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