REPUBLIC OF THE PHILIPPINES
Sixth Judicial Region
REGIONAL TRIAL COURT
Branch _______
CJ Ramon Q. Avancena Hall of Justice
Iloilo City
LEOUEL SANTOS,
Petitioner,
vs.
Civil Case No. __________
For: Declaration of Nullity of
Marriage
JULIA ROSARIO BEDIA-SANTOS,
Respondent.
x----------------------------------------x
PRE-TRIAL BRIEF
PETITIONER, by counsel, respectfully submits his Pre-Trial
Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Subject to a concrete proposal that is fair and
reasonable and a reciprocal manifestation of openness from
respondent, defendant is open to the possibility of amicably settling
this dispute.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Petitioner seeks to annul the marriage under Article 36 of
the Family Code, on the ground of psychological incapacity on the
part of respondent;
2.2. Petitioner denies the Par. 3 of respondents answer and
avers that it was he who was persistent in finding ways to live away
from respondents parents, even going as far as placing a
downpayment on a duplex in Brgy. Tanza, City Proper, Iloilo City but
respondent simply refused to part from her parents;
2.3. Petitioner concedes the truth and veracity of Par. 4 of
respondents answer, but avers that his failure to communicate with
her during his visits to his parents was due to the lack of
telecommunications signal in Bacong, Negros Oriental, a far-flung
barrio which can only be accessed through single motorcycle, and
that the moment the signal has returned, he immediately calls
respondent;
2.4. Petitioner denies Par. 5 of respondents answer, and avers
that he utilized his Philhealth, Pag-ibig and SSS benefits to defray
respondents delivery expenses. In addition, petitioner avers that he
had been solely responsible for the care and upbringing of their
common son, Leouel Jr.;
2.5. Petitioner denies Par. 6 of respondents answer, and avers
that he gives a portion to respondent as his contribution for
household expenses while the rest he deposits in a savings and
investment fund with AXA Philippines, and that his free time is mainly
spent target shooting in Guimbal, Iloilo but only on weekends;
2.6. Petitioner partially concedes the truth and veracity of Par. 7
of respondents answer but avers that he was informed that he will be
attending marriage counseling, not diagnostic sessions;
2.7. Petitioner concedes the truth and veracity of Par. 10 of
respondents answer but avers that he desired a second opinion. He
was diagnosed to have no mental illness by Dr. Daisy ChuaDaquilanea, a clinical psychiatrist.
III.
FACTS AND OTHER MATTERS ADMITTED BY THE
PARTIES
3.1. That petitioner Leouel Santos and respondent Julia Rosario
Bedia-Santos first met in Iloilo City where the former held the rank of
First Lieutenant in the Philippine Army;
3.2. That on September 20, 1986, they exchanged vows before
Municipal Trial Court Judge Cornelio G. Lazaro of Iloilo City;
3.3. The parties lived with the latter's parents at the J. Bedia
Compound, La Paz, Iloilo City;
3.4. That on July 18, 1987, the respondent gave birth to a baby
boy who was christened Leouel Santos, Jr.;
3.5. That their married life was marred with frequent quarrels
due to the frequent interference by respondents parents into the
spouses family affairs and over a number of other things, like when
and where the couple should start living independently from the
respondents parents or whenever the respondent would express
resentment on the petitioners spending a few days with his own
parents;
3.6. That on May 18, 1988, the respondent left for the United
States of America to work as a nurse despite the petitioners pleas to
so dissuade her;
3.7. That seven months after her departure, or on January 1,
1989, the respondent called up the petitioner for the first time by long
distance telephone. She promised to return home upon the expiration
of her contract in July 1989. She never did;
3.8. That the only contact they have had since respondent
departed for the United States was in connection with the case at bar.
IV. ISSUES TO BE TRIED
4.1. Petitioner submits that the following issues he put forward
are subject to proof:
4.1.1.Whether respondents failure to communicate, let
alone appear, during the entire duration of her stint
abroad is an indicum of psychological incapacity;
4.1.2.Whether respondents indifference to the welfare of
their son, Leouel Jr. is likewise an indicum of
psychological incapacity.
4.2. Petitioner submits that the following issues put forward by
the respondent are subject to proof:
4.2.1. Whether the diagnosis of Dr. Ma. Lourdes Go that
petitioner is afflicted with Shcnauber Schizophrenia, which was
controverted by a second opinion from Dr. Daisy-Chua Daquilanea,
has any proximate relation to the issue of his supposed psychological
incapacity.
V.
EVIDENCE
5.1. Petitioner intends to present the following witnesses:
5.1.1. Dr. Daisy Chua-Daquilanea, to establish the absence of
mental illness on the part of petitioner;
5.1.2. Ma. Geralyn Gabriel, Administrative Officer IV, to
establish that petitioner has often requested for certifications
pertaining to his Philhealth, Pag-Ibig and SSS benefits for expenses
incurred in connected to Leouel Jr., including but not limited to his
delivery and various sicknesses while growing up;
5.1.3. Ceril Lyn L. Burro, Accounting Officer of Gamot Cogon
International School in Zarraga, Iloilo to establish that it was petitioner
who personally paid Leouel Jr.s tuition and other school fees;
5.1.4. Mona Liza M. Gestoso, neighbor of petitioner in Brgy.
Sambag, Jaro, Iloilo City, to establish how petitioner brought up
Leouel Jr. in the absence of respondent;
5.1.5. Jose Bedia, father of respondent, to establish that even
with her parents the respondent has not appeared or sent any
message whatsoever.
5.2. Petitioner intends to present the following documentary
evidence:
5.2.1. His Philhealth contribution record from July 18, 1987
(birth of Leouel, Jr.) to present;
5.2.2. His Pag-Ibig contribution record from July 18, 1987 (birth
of Leouel, Jr.) to present;
5.2.3. His SSS contribution record from July 18, 1987 (birth of
Leouel, Jr.) to present;
5.2.4. The receipts for tution and other school expenses of
Leouel Jr.
5.2.5. The telephone bills amassed by petitioner in his fruitless
search for respondent.
VI.
Resort to Discovery
a. Considering the relatively simple issues presented,
Respondent does not intend to avail of discovery at
this time.
b. Subject, however, to a concrete and reasonable
request for discovery from respondent, petitioner
reserves the right to resort to discovery before trial.
VII.
Available Trial Dates
a. December 2015 to February 2016, at any day
convenient.
RESPECTFULLY SUBMITTED.
Iloilo City, November 28, 2015.
BEVERLY JANE H. BULANDAY
Counsel for Petitioner
IBP # 605482 1/8/15 Iloilo City
PTR # 0417576 1/8/15 Iloilo City
Roll of Attorneys No. 30724
MCLE Compliance No. II 01-23455
Copy furnished:
ATTY. PETRI JOHN L. DORONILA
Lead Counsel for the Defendant
MacDo Law Office
Unit 1, X Building Recto Manila
IBP No. 123456;01/10/10-Manila
Ptr No.1234567;01/10/10-Manila
Roll No. 12345;5/05/05
MCLE No. 1-001234;9/09/15
ATTY. ACE MACALALAG
Counsel for the Defendant
Co-Counsel for the Defendant
MacDo Law Office
Unit 1, X Building Recto Manila
IBP No. 123456;01/10/10-Manila
Ptr No.1234567;01/10/10-Manila
Roll No. 12345;5/05/05
MCLE No. 1-001234;9/09/15
