Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 123, Manila City
SUNSHINE MAE SANTOS MALIGALIG
Petitioner,
- versus -

CASE NO. 5678-51

For:
Declaration
of
Nullity
of
Marriage

JORGE MANUEL MALIGALIG

Respondent,
x-----------------------x
PRE-TRIAL BRIEF
The SOLICITOR GENERAL, by the undersigned, and unto
this Honorable Court, most respectfully states:

STATEMENT OF THE FACTS AND OF THE CASE

This is a case for Declaration of Nullity of Marriage
under Articles 36 of the New Family Code.
On January 3, 2014, the Solicitor General was furnished
with a copy of the petition for declaration of nullity of
marriage filed by petitioner. Under A.M. No. 02-11-10-SC, the
Solicitor General is mandated to investigate whether
collusion exists between the parties in a case for annulment
of marriage.
The Solicitor General alleges: a) that respondent JORGE
MANUEL MALIGALIG and petitioner SUNSHINE MAE
SANTOS MALIGALIG contracted a marriage on May 8,
2008; b) that respondent and petitioner lived together in
their conjugal home for two and a half years before their de
facto separation; c) that respondent is diagnosed with
Dependent Personality Disorder; d) that the root cause of
such behavior is traced from his close attachment to his

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mother which manifested after the death of respondents
father in 2005; e) that said disorder is mild and curable, and
does not interfere with his proper functioning as a husband;
g) that respondent is still capable of complying with his
marital obligations.
PROPOSED STIPULATION OF FACTS
1. The identity of parties: Sunshine Mae Maligalig
petitioner and Jorge Manuel Maligalig as respondent;

as

2. The fact of marriage, the parties having been married on

May 8, 2008;
3. That petitioner and respondent lived together in their
conjugal home for two and a half (2 and ) years;
4. That petitioner and respondent are childless;
5. That petitioner was insistent on having a child as she was
already getting old;
6. That after two and a half (2 and ) years from their
wedding, petitioner and respondent decided to live
separately;
7. That petitioner has knowledge that respondent, after their
de facto separation, cohabited with another woman;
8. That petitioner and respondent agreed to seek the
declaration of nullity of their marriage on the ground of
psychological incapacity; and
9. That the respective psychiatrists of the petitioner and the
respondent are expert in their field.

LIST OF DOCUMENTARY EVIDENCE

"A" The Marriage Contract of Sunshine Mae Maligalig
and Jorge Manuel Maligalig dated May 8, 2008;

page 3

"B" - The Psychiatric Report prepared by Dr. Hermosa

C. Padilla to prove that respondent is not
psychologically incapacitated.

ABSTRACT OF TESTIMONIES
KATARINA P. DEL SOL, a close and long-time friend of
the petitioner and respondent, who will testify on the
relationship of the spouses as husband and wife.
BRO. RUDOLFO Y. DEMETRIO the Advocate of the
National Appellate Matrimonial Tribunal of the Catholic
Church in the Philippines will be testifying on
contemporaneous religious interpretation.
DR. HERMOSA PADILLA, the psychiatrist who will
testify on the psychiatrical report done on respondent.

NUMBER OF WITNESSES TO BE PRESENTED

Three (3) witnesses.

RESERVATION
The Solicitor General respectfully reserves the right to
present other evidence and/or witnesses as the necessity
thereof may arise.

ADMISSIONS
Outside of the matters alleged, the solicitor general is
not inclined to admit further matters.

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APPLICABLE LAWS AND JURISPRUDENCE

Provisions on the Family Code.

PROPOSED ISSUES
1. Whether
or
not
respondent
is
psychologically
incapacitated to comply with the essential requisites of
marriage which is a valid ground under Art. 36 of the New
Family Code to declare the marriage a nullity.
2. Whether collusion exists between the parties.

AVAILABILITY FOR TRIAL

Counsel will be available for trial on dates convenient
with this Honorable Court.

RESPECTFULLY SUBMITTED.
City of Manila. February 4, 2016.

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village,
Makati City, 1229
By:
AAA BBB
Assistant Solicitor General
IBP No. 0192633 01/08/16, Manila City
OTR No. 0728192 01/06/17, Manila City
Roll No. 82192
MCLE Cert. of Comp. admitted to the Bar 2013

Signed by:

page 5
FLORIN T. HILBAY
Solicitor General

Copy furnished:
ATTY. AAA BBB
Counsel for Plaintif
6750 Fairmont Mansion,
Makati Avenue, Makati City
ATTY. IIGO ACUZAR III
Counsel for Respondent
25/F ACCRALAW TOWER
Second Avenue corner 30th Street,
Crescent Park West Bonifacio Global City,
0399 Taguig, Metro Manila, Philippines

EXPLANATION
(Re: Service thru Registered Mail)
Pursuant to the Provision of Rule 13, Section 11 of the
1997 Rules in Civil Procedure as Amended, undersigned
submits this Explanation that the service of this Pre-Trial Brief
was by Registered Mail instead of personal serve in view of
lack of manpower.