Republic of the Philippines

Regional Trial Court

(Family Court)
th
6 Judicial Region
Branch ___, Bacolod City
CLARISSA DE BELEN PEALOSA,
Plaintiff,

Civil Case No. ________

For: DECLARATION OF
NULLITY OF MARRIAGE
ON THE GROUND OF
PSYCHOLOGICAL
INCAPACITY

-versus-

JOHNDEL PEALOSA,
Defendant.
x-----------------------------------------x

PRETRIAL BRIEF
COMES NOW defendant thru the undersigned counsel unto this
Honorable Court most respectfully submits its Pre-Trial Brief, to wit:
I. BRIEF STATEMENT OF THE CASE AND CLAIMS OF THE
PARTIES
a. Plaintiff seek for the declaration of nullity of marriage on the
ground of psychological incapacity due to the alleged failure
to comply with marital obligations by the Defendant;
b. As alleged and argued in Defendants Answer dated
October 7, 2014 by defendant Johndel a.k.a JD Penalosa
interposed the following defenses
i. That the Plaintiff failed to establish the ground of
psychological incapacity in the instant complaint.
ii. That the allegations failed to meet the standards as set
forth by the Supreme Court on psychological incapacity,
to wit:
1. As ruled by the Supreme Court in the case of
Santos vs. Court of Appeals (G.R. No. 112019,
January 4, 1995, 240 SCRA 20), x x x who
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opines that psychological incapacity must be

characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability. The incapacity
must be grave or serious such that the party
would be incapable of carrying out the ordinary
duties required in marriage; it must be rooted in
the history of the party antedating the marriage,
although the overt manifestations may emerge
only after the marriage; and it must be incurable
or, even if it were otherwise, the cure would be
beyond the means of the party involved x x x.
c. That the Complaint seeking for Declaration on Nullity of
Marriage does not specify the regime governing the property
relations of the spouses, as well as the properties involved, in
violation of the requirements under Section 5(2) of A.M. No.
02-11-10-SC or the Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable Marriages, thus
failure to comply with the requirements enumerated x x x
may be a ground for immediate dismissal of the petition.;

II. POSSIBILITY OF AMICABLE SETTLEMENT

a. Subject to a concrete proposal that is fair and reasonable and
a reciprocal manifestation of openness from Plaintiff,
Defendant is open to the possibility of amicably settling this
dispute
b. Defendant respectfully submits that the desired terms of any
amicable settlement would involve the dismissal of the
petition on the ground of lack of cause of action, and the
payment of damages prayed for.

III. STIPULATION OF FACTS

a. That sometime in June 2007, Plaintiff Clarissa de Belen
Pealosa and Defendant Johndel a.k.a. JD Pealosa were
introduced by their common friend, Natasha Goco, at a
birthday party. They exchanged numbers and became
constant textmates for two months. Plaintiff and Defendant
became girlfriend-boyfriend in September 2007;
b. That Plaintiff worked at Jason Language Center, East,
Bacolod City, as an English Tutor. Defendant, on the other
hand, was a Teller in ABC Bank. Despite both of them
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working during the day, Plaintiff rejected Defendants

invitation to spend some time together;
c. That Defendant did not communicate with the Plaintiff for
several days in order to give each other some space to
ponder on their relationship;
d. That Defendant had to weigh his relationship with the Plaintiff
among other things;
e. That Plaintiff being raised from a financially stable family has
been a spoiled brat and always gets what she wants. She
refused to listen and hear explanations and discussions. And
she always wanted to win their argument;
f. That communications between the Plaintiff and Defendant
was strained and severed due to the insistent demands and
baseless accusations made by the Plaintiff on the Defendant;
g. That Defendant remained to be faithful, understanding and
true to his feelings towards the Plaintiff despite her
occasional mood swings, jealousy and unreasonable
anxiety which greatly affect their relationship;
h. That on December 2007, Defendant decided to give their
relationship another chance. Defendant met with the Plaintiff,
begged her for forgiveness from taking too long to appreciate
their great love for each other;
i. That Defendant was scared of not being able to be the best
man for the plaintiff that made him left her but later on
realized he could not live without her. Since they both love
each other they settled their indifferences;
j. That on October 2008, Defendant had finally decided to
surprise the Plaintiff for a wedding proposal. However,
Plaintiff told Defendant she was on the verge of ending their
relationship. Defendant tearfully begged for her forgiveness
with a promise that he would change for the better. On that
same day, defendant and plaintiff became engaged;
k. That Plaintiff and Defendant, all of legal age and with the
required marriage license, got married at the Sacred Heart
Cathedral of Bacolod City on February 14, 2009;
l. That throughout the duration of their marriage, they lived in
their conjugal dwelling at Town and Country Subdivision,
Talisay City. No children were born of their marriage;
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m. That Plaintiff Clarissa worked as an Executive Assistant at

Convergys, Bacolod City, while Defendant Johndel continued
working as an Assistant Manager of ABC Bank in downtown
Bacolod City;
n. That Plaintiff Clarissa being an Executive Assistant of
Convergys whose work requires an evening shift from seven
in the evening (7pm) until four in the morning (4 am) and
often requiring the latter to render an extended time in her
work due to the exigencies of her responsibilities as
Executive Assistant of Convergys;
o. That Plaintiff in one time admitted that due to the pressure as
experienced in her work she had developed this mood
swings and unreasonable anxiety problem; thus, affecting
not only their relationship but also her health and emotional
stability which explains her jealousy towards any lady friend
of the Defendant;
p. That Defendant being the Assistant Manager of ABC Bank
and whose responsibilities requires an extended working
hours will indeed entail the Defendant to arrive late at night.
However, there has been no occasion wherein he will not
come home to their conjugal abode. As aforementioned by
the Defendant, the Plaintiff works during night time and every
time the Defendant arrives home Plaintiff has already left for
work;
q. That Defendant has been employed with ABC bank as a
teller for seven years and earning a net monthly salary of
P 35,000.00 a month, plus a monthly allowance of P 5,000.00
(Exhibit A and B);
r. That Defendant upon being designated by the employer bank
as Assistant Manager (Exhibit C and D) the Defendant
receives an additional monthly salary increment of
P 15,000.00 and an additional monthly allowance of
P 5,000.00; thus, total net monthly salary amounting to
P 50,000.00 plus a total monthly allowance of P 10,000.00;
s. That the monthly income of the defendant as aforementioned
is more than enough to pay for any family expenses,
emergency expenses and other miscellaneous expenses. In
several occasions, Defendant was asked by the Plaintiff to
pay for the home loan to which issuance of receipts were
paid under his name and this was kept by the Defendant and
attached hereto (Exhibit E);

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t. That Plaintiff fabricated the issue of the illicit affair involving

with one Evelyn Ruiz. A Evelyn Ruiz, a 22-year old was once
an apprentice of the bank but has already left the bank since
February 2012, signifying thereto her intention to work
abroad (Exhibit F);
u. That Defendant never saw Evelyn Ruiz after she left the bank
and no existing communications or any intimate relations
consummated;
v. That Plaintiff pressed on with her suspicion, scrutinizing
illogically on small matters and divulging family matters with
her colleagues and friends;
w. That Defendant has no knowledge on the matters with
regards to the text messages with one named Evelyn Ruiz, a
very compromising photos, facebook photos of Evelyn Ruiz
with caption thereof and other evidences as presented
against the Defendant;
x. That on May 2012, Plaintiff Clarissa threatened the
Defendant to leave their conjugal dwelling. In one altercation,
which took place when the Plaintiff arrived home from her
work, the Plaintiff shouted to the Defendant Tama na ni, na
kapoy na ko!! Indi ta na ka gusto makita kag hinugay ka na di
magpalapit sa balay liwat, layas!! (Lets stop this, I am tired!!
I dont want to see you anymore and dont you dare come in
this house again, go away!!);
y. That despite Defendants objections with the decision of the
Plaintiff to leave her alone the same was refused by the
latter;
z. That on July 2012, the Defendant after taking into
consideration what had transpired returned to their conjugal
dwelling to explain and reconcile with the Plaintiff. However,
Defendant was refused entry thereof; Plaintiff was hysterical
when she saw the Defendant and remains to be firm with her
decisions;
aa. That Defendant despite exerting efforts to patch their
broken relationship had failed in doing the same due to the
constant rejections demonstrated by the Plaintiff towards
the Defendant;
bb. That Plaintiff refused to communicate nor settle their
indifferences with each other; thus, there was impossibility
on the part of the Defendant to somehow reconcile and live
with her in their conjugal dwelling;
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IV. STATEMENT OF THE ISSUE

a. Defendant respectfully submits that the issues on this case are:
i. Whether or not the allegations made by the Plaintiff are
sufficient grounds to conclude that Defendant is
psychologically incapacitated to comply with his marital
obligations.
ii. Whether or not there is basis to nullify the plaintiffs marriage
to the defendant on the ground of psychological incapacity to
comply with the essential marital obligations.

V. Documentary Evidence.
Exhibit

Purpose

Exhibit A - Certificate of Employment

To provide as to the
truthfulness that Johndel
a.k.a JD Penalosa as
Bank Teller of ABC Bank.

Exhibit B -Payslip for February 2011

To establish the salary

and other matters of
Johndel
a.k.a
JD
Penalosa as Bank Teller of
ABC Bank.

Exhibit C - Certificate of Promotion

To provide as to the
truthfulness that Johndel
a.k.a JD Penalosa as
Assistant Manager of ABC
Bank.

Exhibit D-Payslip for September 2014

To establish the salary

and other matters of
Johndel
a.k.a
JD
Penalosa as Assistant
Manager of ABC Bank.

Exhibit E - Mortgage Bank Receipt

July 2011 to December (E1, E-2, and E-3)
2011 loan payment for the
family home of the
spouses paid under the
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name of Johndel a.k.a

JD Penalosa.
Exhibit F - Letter from Evelyn Ruiz

To establish the time and

other matters of the
resignation
of
Evelyn
Ruiz.

Exhibit G - Affidavit of Johndel a.k.a.

JD Penalosa

To attest on the statement

made by the Defendant as
his testimony on the court.

Exhibit H - Affidavit of Al Therese Bali

To attest on the statement

made by the witness as
her testimony in the court.

Exhibit I Notice of Warning:

Evelyn Ruiz

To establish the identity

and personality of
Evelyn Ruiz as an
Apprentice in ABC Bank

Exhibit J Memorandum to Explain: To establish the identity

Evelyn Ruiz
and personality of
Evelyn Ruiz as an
Apprentice in ABC Bank
Exhibit K Performance Evaluation:
Evelyn Ruiz

To establish the identity

and personality of
Evelyn Ruiz as an
Apprentice in ABC Bank

Exhibit L Medical Certificate for

Johndel a.k.a JD Penalosa

To establish the reason

why spouses do not
have children.

VI.Testimonial Evidence.
Witness

Substance of Testimony

Johndel a.k.a. JD Penalosa

The proposed testimony shall

be to testify as to the
truthfulness of her allegations in
the Answer, particularly on the
relationship he had with his wife.

Al Therese Bali

The proposed testimony shall

be to testify on the identity of
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Johndel a.k.a JD Penalosa

and
likewise
narrate
the
incidence that transpired during
the apprenticeship of Evelyn
Ruiz in ABC Bank.

VII. APPLICABLE LAWS AND JURISPRUDENCE

a. Supreme Court A.M. No. 02-11-10-SC
b. Supreme Court A.M. No. 01-7-01-SC
c. Provisions of the Family Code
i. Article 36 of the Family Code
ii. Article 55 of the Family Code
iii. Other provisions applicable.
d. Supreme Court Decision, viz:
i. Republic of the Philippines vs. Court of Appeals and
Roridel Plaviano Molina, G.R. No. 108763, February
13, 1997
ii. Leouel Santos vs. The Honorable Court of Appeals and
Julia Rosario Bedia-Santos, G.R. No. 112019, January
4, 1995
iii. Republic of the Philippines vs. Cesar Encelan, G.R. No.
170022, Jan 9, 2013
iv. Valerio E. Kalaw vs. Ma. Ellena Fernandez, G.R. No.
166357, September 19, 2011
v. Enrique Agraviador y Alunan vs. Erlinda AmparoAgraviador and Republic of the Philippines, G.R. No.
170729, December 8, 2010
vi. Republic of the Philippines vs. Crasus L. Iyoy, G.R. No.
152577, September 21, 2005
VIII. Resort to Discovery Procedure

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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 Petitioner, Respondent reserves the right to
resort to discovery before trial.
IX. Amendment of Answer
Defendant does not intend to further amend his answer.
X. AVAILABLE TRIAL DATES
The undersigned counsel is available for trial on any date from
December 2014 to February 2015, at any day convenient. The
undersigned counsel also respects the calendar of this Honorable
Court and agrees to other dates that may be set during the pre-trial as
may be convenient to the counsel for the defendant and the
Honorable Court.

RESPECTFULLY SUBMITTED.
Bacolod, November 25, 2014.

A.TYANS AND J. MORTIME

LAW OFFICES
Counsel for the Defendant
2nd Floor V & A Building
Lacson Street, 6100 Bacolod City

ATTY. GIBIT A. TYANS

Roll of Attorney No. 906112
IBP No. 240906Bacolod City-April 3, 2010
PTR No. 958305Bacolod CityApril 3, 2010
MCLE Compliance No.: EXEMPTED
Copy furnished:
.
Counsel for the Plaintiff
GF Prudential Life Bldg, Bacolod City

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