REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT Branch 76, Quezon City

JUAN DELA CRUZ Plaintiff, -versusMARIA DELO SANTOS Defendant. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - x PRE-TRIAL ORDER Present in todays Pre-Trial Conference are Atty. Achilles Temanil, counsel for the Plaintiff and Atty. Jonathan Reyes, counsel for Defendant. To control the subsequent course of action, this Pre-Trial Order is hereby issued. I. STIPULATION OF FACTS The following stipulations were admitted by Atty. Temanil and Atty. Reyes: 1. Defendant admitted that there was a prior harmonious relationship between the plaintiff and the defendant and began to fade from the time plaintiff boarded a vessel; 2. Defendant admitted as to the existence of medical certificate but not to its contents so far it relates to defendants psychological incapacity; 3. Defendant admitted that she was confined in Koronadal Medical Center for gonorrhoea allegedly acquired from the plaintiff; 4. Defendant Delo Santos admitted that plaintiff Dela Cruz arrived in the Philippines for a period of 60 days from February 2003 to May 2003; and 5. Plaintiff Dela Cruz admitted that he and the defendant never executed a property regime. II. ISSUES TO BE RESOLVED 1. Whether the defendant Maria Delo Santos was impregnated by another man at the time of their marriage. 2. Whether the defendant concealed her gonorrhoea. 3. Whether the defendant concealed her habitual alcoholism. 4. Whether the defendant is suffering from psychological incapacity 5. Whether or not the plaintiff had a sexual access with the defendant during their entire cohabitation. 6. Whether or not plaintiffs allegation that the defendant committed abortion has a factual basis. 7. Whether the plaintiff has a mistress to whom he sends his remittances. III. EVIDENCE FOR THE PARTIES CIVIL CASE NO. 11-12345 FOR: Annulment of Marriage

No evidence shall be allowed to be presented and offered during the trial in support of a partys evidence-in-chief other than those that had been identified hereafter and premarked during the pre-trial. Any other evidence not herein indicated or listed shall not be considered. However, the Court, in its discretion, may allow introduction of additional evidence in the following cases: a.) those to be used on cross-examination or crossexamination for impeachment purposes; b.) those presented on re-direct examination to

explain or supplement the answers of a witness during the cross-examination; c.) those to be utilized for rebuttal or sur-rebuttal purposes; and d.) those not available during the pretrial proceedings despite due diligence on the part of the party offering the same. A. EVIDENCE OF THE PLAINTIFF 1. Documentary Evidence: a. Marriage contract Exhibit A; b. Medical Certificate of defendants incomplete abortion Exh. B; c. Medical Abstract of Neisseria gonorrhera Exh. C; d. Psychiatric Evaluation of defendants psychological incapacity Exh. D; e. Monthly remittances made by the plaintiff Exh. E; f. Pictures of the respondent with another man other than his husband and with an unknown child Exh. F; g. Department of Health (DOH) Certificate that the plaintiff is not suffering from gonorrhoea Exh. G; and h. Copy of Information for adultery against the defendant Exh. H. 2. Testimonial Evidence: a. Plaintiff himself to testify for the truthfulness of the facts alleged in the petition and other matters in relation to the same; b. Dr. Elena Dela Paz defendants ob-gyne, to testify as to the truthfulness of her incomplete abortion; c. Dr. Fatima Del Mundo a psychiatrist, to testify that the defendant is suffering from psychological incapacity; d. Grace Dela Cruz sister of plaintiff, to testify on the alleged infidelity of the defendant; and e. Brgy. Captain Dela Torre to testify the alleged adultery of the defendant. The testimonies of the witnesses would not consume more than 15 minutes on direct examination and another 15 minutes on cross examination. B. EVIDENCE OF THE DEFENDANT 1. Documentary Evidence: a. Transfer Certificate of Title No. T-51386 of the land inherited by defendant from her parents Exhibit 1; b. Medical Certificate of defendants confinement in Koronadal Medical Center Hospital Exh. 2; c. Psychological Evaluation Report of Solis Medical Group Exh. 3; d. Tax declaration of business of the defendant Exh. 4; e. Certificate of Bank Deposits Philippine Business Bank Savings Account No. 003-23-999300-8 and Time Deposit Savings No. 004-39988800-7 Exh. 5; and f. Remittances Exh. 6 Defendant reserved their right to present business permit as may be deemed necessary and for a good cause. 2. Testimonial Evidence: a. Defendant himself; b. Dr. Manuel Tordesillas to testify that the defendant is not psychologically incapacitated; c. Dr. Philip Ex-younghusband to testify for the alleged gonorrhoea and incomplete abortion; and d. Sheena Serrano business accountant of defendant, to testify that the defendant maintains her own personal business. The testimonies of the witnesses would not consume more than 15 minutes on direct examination and another 15 minutes on cross examination.

IV.

HEARING DATES Initial Trial: July 27, 2011, at 8:00 P.M.

SO ORDERED. July 20, 2011 Quezon City, Philippines.

HILARIO LAQUI Presiding Judge