PRE-TRIAL FOR DECLARATION OF NULLITY OF MARRIAGE UNDER ARTICLE 36 OF THE FAMILY CODE
CAST Narrator – Charlotte Hannah Ayala Presiding Judge – Ronilo Olitan Clerk of Court – Galileo Acebuche Court Interpreter – Dianne Rosales Court Stenographer – Ma. Lourdes Espera Counsel for Petitioner – Adah Gwynne Tobes Assistant Prosecutor – Charlotte Hannah Ayala Counsel for Respondent – Keena Caimol Petitioner – Sheryl Ann Ronato Respondent – Igmedio Alcera
BACKGROUND OF THE CASE “Then the Lord God made a woman from the rib he had taken out of the man, and he brought her to the man. The man said, “This is now bone of my bones and flesh of my flesh; she shall be called ‘woman,’ for she was taken out of man.” That is why a man leaves his father and mother and is united to his wife, and they become one flesh.” (Genesis 2:22-24) This case originated from the Petition for Declaration of Nullity of Marriage filed by Sheryl Ann Ronato-Alcera against her husband Igmedio Alcera on the ground of psychological incapacity under Article 36 of the Family Code. The case was filed before the Regional Trial Court of Laoang, Northern Samar, Branch 21, as the designated Family Court, and presided by Hon. Ronilo Olitan. It was docketed as Civil Case No. 1012. After the petition was filed, Respondent was ordered to file his answer within the prescribed period. After the filing of the last pleading, Petitioner moved to set case for Pre-trial, as follows.
PRE-TRIAL PROPER
Judge enters. INTERPRETER (DIANNE): JUDGE (RONILO):
All rise. The Honorable Judge Ronilo Olitan.
Let us pray.
ALL:
(Sign of the cross) Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly beseech You to bless and inspire us so that what we think, say and do will be in accordance with Your will. Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom and understanding, so that we can become effective channels of truth, justice and peace. In our proceedings today, guide us in the path of righteousness for the fulfilment or Your greater glory. Amen. (Sign of the cross)
INTERPRETER (DIANNE):
Please be seated. Court is now in session. The Honorable Judge Ronilo Olitan, presiding.
JUDGE (RONILO):
(Bangs the gavel three times) Call the case.
INTERPRETER (DIANNE):
For Pre-Trial, Civil Case No. 1012. Sheryl Ann Ronato-Alcera, Petitioner, versus Igmedio Alcera, Respondent. For Declaration of Nullity of Marriage.
JUDGE (RONILO):
Appearances.
ATTY TOBES:
Your Honor, respectfully appearing for Petitioner.
FISCAL AYALA:
Your Honor, respectfully appearing for the Solicitor-General.
ATTY CAIMOL:
Your Honor, respectfully appearing for the Respondent.
JUDGE (RONILO): ATTY TOBES:
Ready? Yes, Your Honor.
ATTY CAIMOL:
Yes, Your Honor.
JUDGE (RONILO):
Counsel for Petitioner, your theory of the case and summary of the case.
ATTY TOBES: JUDGE (RONILO):
Your proposed stipulations and admissions of facts.
ATTY TOBES: JUDGE (RONILO): ATTY TOBES:
Your issues, factual and legal.
JUDGE (RONILO):
Your documentary evidence.
ATTY TOBES: JUDGE (RONILO):
The testimonial evidence of the witnesses.
ATTY TOBES:
I will present my witnesses, Your Honor.
JUDGE (RONILO):
How many days do you wish to present your witnesses?
ATTY TOBES:
One witness per day, Your Honor.
JUDGE (RONILO):
We will adopt the One Day-One Witness Rule. Counsel for Respondent, your theory of the case and summary of the case.
FISCAL CAIMOL: JUDGE (RONILO):
Your proposed stipulations and admissions of facts.
ATTY CAIMOL: JUDGE (RONILO):
Your issues, factual and legal.
ATTY CAIMOL: JUDGE (RONILO):
Your documentary evidence.
ATTY CAIMOL: JUDGE (RONILO):
The testimonial evidence of the witnesses.
ATTY CAIMOL:
I will present my witnesses, Your Honor.
JUDGE (RONILO):
How many days do you wish to present your witnesses?
ATTY CAIMOL:
One witness per day, Your Honor.
JUDGE (RONILO):
Order. Set the initial date for trial.
ATTY TOBES:
Our preferred dates are October 20, 27, and November 3, 2016, Your Honor.
ATTY CAIMOL:
Our preferred dates are November 10, 17, and 24, Your Honor.
JUDGE (RONILO):
Set the date for initial hearing of the case on October 20, 2016 at 1:30 o’clock in the afternoon. SO ORDERED. Done in open court this 24th day of September 2016, Laoang, Northern Samar. (Bangs the gavel three times)
