Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
BRANCH 14
Digos City, Davao del Sur

IN THE MATTER OF THE PETITION Civil Case No. 02-

FOR ANNULMENT OF MARRIAGE 16-17
OF SPOUSES LEBRON JAMES AND
MAXINE JAMES

LEBRON JAMES,
Petitioner,

-versus-

MAXINE JAMES,
Respondent.
x---------------------------------------/

PRE-TRIAL BRIEF OF THE PETITIONER

Comes now the PETITIOENER, through the undersigned

counsel and unto this Honorable Court, most respectfully
submit this pre-trial brief and aver:

BRIEF STATEMENT OF FACTS

The parties herein are married sometime on February

14, 2012. At the time of their marriage, Maxine James
(respondent) was already pregnant. However, said child died
at birth due to malnourishment and weakness.

During their married life, respondent never help in the

household chores and was always out of the house. She
goes out to party with her friends almost every night as if
she was still single and was very unmindful of the needs of
her husband (petitioner).

Respondent left suddenly for Dubai without informing

the petitioner and never contacted the latter. After the
respondent came back in the Philippines, the petitioner
 Page 2
Civil case no. 02-16-17
James vs. James/ Pre-trial Brief of Petitioner
x-------------------------------------------------/

found out that his wife is having an illicit affair with another
man and is currently living with him under the same roof.

STIPULATION OF FACTS

1. All the parties herein have the capacity to sue and be

sued;

2. The parties herein are married on February 14,

2012;

3. Respondent was from a broken family;

4. Respondent was already pregnant at the time of

their marriage;

5. Petitioner cared for the respondent and was very

mindful of the latters needs especially during her
pregnancy;

6. The child that respondent was carrying died at birth

due to weakness and malnourishment;

7. Respondent is a chain smoker and a drunkard even

during her pregnancy;

8. Respondent is a party-goer before their marriage and

even after they were married. She goes out to party
with her friends almost every night as if she was still
single and comes home very late at night, drunk;

9. Respondent during their married life never helped in

the household chores and was very unmindful of the
needs of the petitioner. She is immature, selfish and
self-centered;

10. Respondent when confronted by petitioner about her

behavior and habits, especially her nightly escapades
with her friends, would dismiss it as if her acts are
normal for a married woman and was so indifferent
about it;
 Page 3
Civil case no. 02-16-17
James vs. James/ Pre-trial Brief of Petitioner
x-------------------------------------------------/

11. That despite efforts of the petitioner to communicate

to respondent his concerns to her, the latter kept at
it and continued her habits and attitude;

12. Respondent on January 10, 2014, left their conjugal

home to Dubai without informing the petitioner
about it. The former never even bothered to contact
the latter;

13. Petitioner learned that the respondent came back in

the Philippines on February 21, 2016. However, the
former also found out that the respondent is already
living under the same roof with another man and is
having an illicit affair with the same;

14. Petitioner tried to woo respondent back to him and

suggested to the latter to subject themselves to
marriage counseling and he also subjected himself
for psychiatric evaluation.

ISSUES

1. Whether or not the respondent is psychologically

incapacitated;

2. Whether or not petitioner is bound to provide spousal

support to respondent, whom left their conjugal home
voluntarily without force, violence and intimidation on
the part of the petitioner;

APPLICABLE LAWS AND JURISPRUDENCE

1. Family Code of the Philippines, specifically Article 36,

68 and 72 of the same;

2. Other laws and latest Supreme Court Jurisprudences.

WITNESSES

1. Petitioner will be presented to prove the allegations in

the petition;
 Page 4
Civil case no. 02-16-17
James vs. James/ Pre-trial Brief of Petitioner
x-------------------------------------------------/

2. Martha Amor, the aunt of Maxine James;

3. Marie Amor, the cousin of Maxine James;

4. Chelsy Sy, the co-worker of Maxine James; and

5. Dr. Mary Mar, psychiatrist;

Petitioner reserved the right to present other witnesses.

DOCUMENTARY EXHIBITS

1. Marriage Contract;

2. Death Certificate of Lebron James, Jr. (Sps. James

baby);

3. Certificate of Marriage Counseling;

4. Medical Certificate;

5. Initial Psychological Evaluation of Lebron James;

6. Initial Psychological Evaluation of Maxine James;

Petitioner reserved the right to present other

documentary exhibits.

AVAILABLE DATES FOR TRIAL

Counsel for the petitioner is available for trial on the

month of March 2017.

MODES OF DISCOVERY

Petitioner reserve the right to avail the modes of

discovery under the rules of court.

Digos City, Davao del Sur, Philippines, this 20th day of

February 2017.
 Page 5
Civil case no. 02-16-17
James vs. James/ Pre-trial Brief of Petitioner
x-------------------------------------------------/

FEROLINO PARTNERS AND

ASSOCIATES LAW FIRM

ATTY. EME FEROLINO, IV

Counsel for Petitioner
MCLE Compliance Cert. No. I, 0011279, Aug. 21, 2016
PTR No. 4026078 / 01-02-2017 / Digos City
IBP O.R. No. 814788 / 12-28-2016 / Digos City
TIN No. 143-089-898 / Roll No. 98499
Ground Floor, TGF Bldg., Estrada 1st St.,Digos City
Cellular Phone No. 0950-623-9174
Email address: idosomework@gmail.com

Copy Furnished:

ATTY. JUAN DELA CRUZ

ABC Law Firm and Associates Digos City, Davao del Sur