REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
Pasay City, Branch ___

GAIL MONTERO,
Petitioner,

-versus- CIVIL CASE NO.____________

For: Declaration of Nullity of
Marriage under Article 41 of the
Family Code of the Philippines

CALIXTO MONTERO,
Respondent.
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PRE-TRIAL BRIEF

RESPONDENT, through Counsel, and unto this Honorable Court, respectfully

submits this Pre-Trial Brief, as follows:

I. STATEMENT OF FACTS

1. That this is a case for nullity of marriage;

2. That the petitioner and the respondent met and entered into a
relationship in 201
3. That the petitioner and the respondent was married on June 20, 2014
4. That the respondent admits that he contracted a previous marriage in
2009

II. RESPONDENT’S CLAIM

1. That he obtained a Decree of Absolute Divorce in the United States for

his previous marriage
2. That the respondent submitted the decree of absolute divorce as a
requirement of obtaining a marriage license
3. That the submission of absolute divorce fully complied with the
requirement

III. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

1. The respondent is open to settling this dispute amicably;

2. The respondent is willing to submit herself to mediation and other
alternative modes of dispute resolution.
IV. ISSUES TO BE TRIED

Respondent submits that the following issues are subject to proof:

1. The respondent has no existing marriage when he married the
petitioner
2. The marriage between the plaintiff and defendant on June 20, 2014 is
valid

V. TESTIMONIAL EVIDENCE

The RESPONDENT intends to present one (1) or two (2) witnesses to

prove her allegations and claims

VI. EVIDENCE FOR MARKINGS

The RESPONDENT requests the markings as exhibits of the following

documents:
1. Marriage Certificate/Contract of Gail Montero with Calixto Montero
2. Signature in the Marriage Certificate
3. Decree of Absolute Divorce
4. Signature of the Respondent in the Decree of Absolute Divorce

VII. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial
conference to dates most convenient to this HONORABLE COURT and
to all the parties.

Respectfully submitted.

October 12, 2018, Pasay City.

ATTY._______
Counsel for the Respondent