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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTCITY OF MAKATI

Branch No. 5

Beth B. Loggins,Petitioner.

-versus- For: Annulment of MarriageJack A. Collins Civil Case No. 73125

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

P R E T R I A L B R I E F

RESPONDENT, by counsel, respectfully submits his Pre-Trial Brief, as follows:

1. Willingness to enter into an amicable settlement and possible terms of any suchsettlement

a. Subject to a concrete proposal that is fair and reasonable and a reciprocal

manifestation of openness from Petitioner, Respondent is open to thepossibility of amicably settling this dispute

b. Respondent respectfully submits that the desired terms of any amicablesettlement would involve the dismissal of the petition on the ground of lackof cause of action, and the payment of damages prayed for.

2. Brief statement of claims and defenses

a. Petitioner seeks to annul the marriage under Article 45 of the Family

Code, on the ground that the contracting parties failed to obtain theconsent of Spouses Alberto Y. Loggins and Josefa B. Loggins, parents ofPetitioner, as required by Article 14 of the Family Code;

b. Respondent avers that Petitioner is without legal capacity to file thePetition for Annulment of Marriage

i. That at the time Petitioner filed her Petition for Annulment ofMarriage and up to the present, she is twenty (20) years of age,contrary to Article 47 of the Family Code, which allows acontracting party to file such petition only within five (5) years afterattaining the age of twenty-one (21);

c. Respondent denies the allegation that no such consent was given, andfurther alleges

i. That Alberto Y. Loggins, father of Petitioner, physically attendedthe marriage ceremony of Petitioner and Respondent which tookplace July 1, 2008, gave his consent thereto, and presented noobjections;

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ii. That the signature of Alberto Y. Loggins appearing in the affidavit isnot a forgery and was made by him voluntarily and of his own freewill;

d. That the Petition for Annulment of Marriage does not specify the regimegoverning the property relations of the spouses, as well as the propertiesinvolved, 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 VoidMarriages and Annulment of Voidable Marriages;

3. Facts and other matters admitted by the parties

a. That Petitioner Beth B. Loggins and Respondent Jack A. Collins met in St.Andrews Field National High School in June 2007 where Respondent wasthen a math professor assigned to the fourth year level, while Petitionerwas then his student;

b. That immediately after graduation, Petitioner and Respondent married incivil rights at Makati City on July 1, 2008 before Judge Richard Von L. DeCastro of RTC Branch 173 of Makati City;

c. That at the time of the marriage, Respondent was twenty-six (26) yearsold, while Petitioner was eighteen (18) years old;

4. Issues to be tried

a. Respondent submits that the following issues put forward by Petitioner aresubject to proof:

i. That Plaintiff and Respondent forged the signatures of SpousesLoggins;

b. Respondent submits that the following issues he put forward are subject toproof:

i. That Petitioner has no legal capacity to file the Petition forAnnulment of Marriage;

ii. That the petition states no cause of action;

iii. Respondents entitlement to the amount of one hundred thousandpesos (P100,000.00) claimed as moral damages;

iv. Respondents entitlement to other damages.

5. Evidence

a. Respondent intends to present the following witnesses:

i. Civil Registrar Josh Angustia, the Local Civil Registrar of Makatiwho issued Marriage License No. 456728 on June 15, 2008, toestablish that Alberto Y. Loggins gave his consent, properlymanifested in writing in the form of an affidavit; (JOSH, pleasemake AFFIDAVIT for this. See Art. 14 & 16 of Family Cod e; par.

5 of Com plaint ; par. 4&6 of our Answer. Imbento ka na. Read

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the whole complaint and whole answer so you wont getcarr ied away sa kaka im bento.)

ii. Judge Richard Von L. De Castro of Makati RTC Branch 173, toestablish the voluntariness of the execution of the marriage, andthe presence of Alberto Y. Loggins and his lack of objection;(PAUL, please make AFFIDAVIT for this. See par. 6 of

Comp laint , par. 5 of Answ er. Imb ento ka n a. Read the who le

complaint and whole answer so you wont get carried away sa

kaka imbento.)

iii. Karla Loggins-Rocas, Petitioners sister, to establish that sheattended the marriage ceremony which took place on July 1, 2008,and that she was with Alberto Y. Loggins; (OLIVE, please makeAFFIDAVIT for this. Read the whole complaint and whole

answer so you wont get carried away sa kaka imbento .)

b. Petitioner intends to present the following documentary evidence:

i. Alberto Y. Loggins affidavit dated June 4, 2008; (we have this na)

ii. Application for marriage license of Petitioner and Respondent datedJune 5, 2008; (we have this na)

iii. Petitioners birth certificate to prove her age at the time of the filingof her Petition (JUNJUN, she has to be 20 at the time she fi ledthe pet i t ion and u p to n ow. Check the comp laint nlng. Read the

whole complaint and whole answer so you wont get carried

away sa kaka imb ento.)

iv. CID, dagdag ka pa ng documentary evidence please. I dontknow what else we can show.

6. Resort to Discovery

a. Considering the relatively simple issues presented, Respondent does notintend to avail of discovery at this time.

b. Subject, however, to a concrete and reasonable request for discoveryfrom Petitioner, Respondent reserves the right to resort to discoverybefore trial.

7. Available Trial Dates

a. December 2010-January 2011, at any day convenient.

RESPECTFULLY SUBMITTED.

Makati, January 2, 2011.

ANGUSTIA, BALDAGO, GARCIA, MALLILLIN& MANALOTO

Counsel for the Respondent1 Rockwell Drive, Rockwell CenterMakati City0919-2346287

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By:ATTY. KATHRYN M. MANALOTOIBP OR No. 1234567, 11-22-10 for CY2010, Makati CityPTR-MKT 7654321, 22-11-10,

Makati CityMCLE III-No. 91186/ 11/15/2010/MakatiCityRoll No. 51387

Copy furnished:

ATTY. MARIA LUISA ISABEL L. ROSALESCounsel for Petitioner

Rosales, Arabia, Domingo, Ingles, TanLaw Offices24 Rockwell Drive, Makati City

Atty. Jhoanna CoronaNotary Public for Makati CityCommission No. 1233222Issued on 012710 until 123110IBP Lifetime No. 64553/MakatiCity/073007PTR No. 75345/Makati City/022710