Present Present in today’s today’s Pre-Tr Pre-Trial ial Confere Conference nce are Atty. Atty. Achill Achilles es Temanil Temanil,, counsel 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 Defendant admitte admitted d that there was a prior prior harmonious harmonious relationship relationship between between the plaintiff and the defendant and began to fade from the time plaintiff boarded a vessel; 2. Defe Defenda ndant nt admitt admitted ed as to the exist existenc encee of medica medicall cert certifi ificat catee but but not to its its contents so far it relates to defendant’s psychological incapacity; 3. Defendant admitted that she was confined in Koronadal Medical Center for gonorrhoea allegedly acquired from the plaintiff; 4. Defe Defend ndan antt Delo Delo Sant Santos os admi admitt tted ed that that plai plaint ntif ifff Dela Dela Cruz Cruz arri arrive ved d in the Philippines for a period of 60 days from February 2003 to May 2003; and 5. Plai Plaint ntif ifff Dela Dela Cruz Cruz admi admitt tted ed that that he and and the the defe defend ndan antt neve neverr exec execut uted ed a property regime. II.
ISSUES TO TO BE BE RE RESOLVED
1. Whethe Whetherr the defendant defendant Maria Maria Delo Delo Santos Santos was impregn impregnated ated by another another man at the time of their marriage. 2. Whethe Whetherr the defend defendant ant concea concealed led her her gonorr gonorrhoea hoea.. 3. Whethe Whetherr the defendant defendant concea concealed led her habit habitual ual alcohol alcoholism ism.. 4. Whether Whether the defendant defendant is suffering suffering from from psycholo psychological gical incapacity incapacity 5. Whether or not the plaintiff had a sexual access with the defendant during their entire cohabitation. 6. Whethe Whetherr or not plainti plaintiff’s ff’s allegat allegation ion that the defendant defendant committ committed ed abortion abortion has a factual basis. 7. Whether Whether the plaintiff plaintiff has a mistre mistress ss to whom whom he sends sends his remitt remittances. ances. III. III.
EVIDEN DENCE FO FOR TH THE PA PARTIES IES
No evidence shall be allowed to be presented and offered during the trial in support of a party’s 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 defendant’s incomplete abortion – Exh. B; c. Medical Abstract of Neisseria gonorrhera – Exh. C; d. Psychiatric Evaluation of defendant’s 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 – defendant’s 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 defendant’s 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.