Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Sixth Judicial Region
City of Bacolod

THE PEOPLE OF THE

PHILIPPINES,
Complainant,
I. S. No. 9987
- versus - FOR: BIGAMY (ART. 349,
REVISED PENAL CODE)
CARMELITA GO,
Accused.
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PRE-TRIAL BRIEF FOR THE RESPONDENT

COMES NOW, the respondent, through the undersigned

counsel, unto this Honorable Court, most respectfully submits this
pre-trial brief, to wit:

POSSIBILITY OF AMICABLE SETTLEMENT

01. Respondent is open to any reasonable proposal for

amicable settlement from the Complainant.

BRIEF STATEMENT OF FACTS

02. Complainant MARLON RUFO and Respondent

CARMELITA GO were married on November 20, 1996 in a civil court
in Kabankalan City.

03. Weeks into their marriage, Complainant Marlon has been

avoiding or has no interest in having sexual acts with his wife,
Respondent Carmelita. This made Respondent feel unhappy and
distressed
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04. Respondent Carmelita, several months after her wedding,

went to Japan in search for greener pasture for the benefit of her
family.

05. Upon Respondent Carmelita’s return to the Philippines,

she married her lover, Tomoki Yamamoto, a 17-year old Japanese
National, in a civil wedding in Bacolod City on October 6, 2000.

06. On February 5, 2017, Respondent Carmelita instituted an

action for annulment of marriage with the Regional Trial Court of
Bacolod City on the ground of psychological incapacity on the part of
Complainant Marlon for non-performance of his marital obligations.

07. Subsequently, on May 5, 2017, Complainant Marlon filed

a criminal case for Bigamy against Respondent Carmelita.

08. Respondent Carmelita moved for the suspension of the

bigamy proceedings on the ground that there exists a prejudicial
question as there is already a pending case for annulment of their
marriage.

09. The City Prosecutor of Bacolod City issued a Resolution

finding that the pending case for annulment of marriage filed by
Respondent CARMELITA is not a prejudicial question which must be
resolved first in order that the criminal case for bigamy may proceed.

10. Respondent Carmelita moved for the suspension of the

filing of the information in court. However, this was denied by the
Office of the City Prosecutor which thus led to the eventual filing of
the Information for Bigamy.

ISSUES OF THE CASE

11. Whether or not the petition for annulment of marriage

filed by Respondent Carmelita would suspend the action for bigamy
subsequently filed.

12. Whether or not Respondent Carmelita committed the

crime of bigamy charged against her.
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LAWS APPLICABLE

13. Pertinent provisions of the Civil Code, Revised Penal

Code, and the Revised Rules of Court of the Philippines.

14. Related jurisprudence as promulgated by the Supreme

Court of the Philippines.

DOCUMENTARY EVIDENCE

15. Exhibit “A” – A copy of the birth certificate of Tomoki

Yamamoto showing his age.

WITNESSES TO BE PRESENTED

The Respondent will present the following witnesses:

16. Carmelita Go – to testify on the material allegations

against her.

17. Tomoki Yamamoto – to prove that he was only 17 years

old at the time of his marriage with Respondent Carmelita Go in the
Philippines.

RESERVATION

18. Respondent expressly reserves the right to present such

additional witnesses and other exhibits and evidence as may be
determined to be relevant during the course of the trial.
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RESPECTFULLY SUBMITTED. 06 March 2018, Bacolod City,

Philippines.

MACKY ZAFRA
Roll of Attorneys No. 66213
IBP No. 1288732 [01.12.2015] Negros Occidental
PTR No. 002451 [01.12.2015] Bacolod City
MCLE Compliance No. IV-0009222 [07.22.2016]

COUNSEL OF THE RESPONDENT

ZAFRA, BAYLIN & GEROLIN LAW OFFICES

7th Floor, MZ3 Building, Lacson Street,
6100 Bacolod City, Philippines
Telefax: (034) 332-9929

Copy Furnished:

Marlon Rufo
Complainant
Bacolod City, Philippines