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Pretrial Brief
Pretrial Brief
PRE-TRIAL BRIEF
PETITIONER by the undersigned counsel and unto this
Honorable Court most respectfully states:
I.
POSSIBILITY OF AMICABLE SETTLEMENT OR
ALTERNATIVE MODES OF DISPUTE RELATION
The Petitioner is not willing to consider any amicable
settlement or undergo any alternative mode of dispute
relation with respect to the primary prayer of this petition.
Nevertheless, Petitioner is open to the possibility of amicable
settlement in relation to the partition and accounting of the
conjugal properties and assets of her union with the
Respondent.
II.
PROPOSED STIPULATION OF FACTS
The Petitioner proposes the following stipulation of facts:
1. Petitioner met the Respondent sometime in 1995 at New
Forth Office, Davao City where the Petitioner worked as a
Sales Agent and Respondent as the Division Supervisor of
the aforementioned company.
she will not vote for the candidates of the Liberated Party
especially Presidential Candidate Quezon and Atty. De
Kwatro, he will be forced to kill her and their child because
he was very dedicated to his bosses and would support them
all the way.
17. Fearing that the situation might lead to something
unlawful, the Petitioner immediately packed her bags and
brought with her their child, Samantha Lopez and headed
towards the house of her parents at Davao City.
18. The Petitioner filed a report with the Digos City Police
Headquarters the next day, herein referred to as Annex B.
19. As Petitioner could no longer bear the emotional and
psychological stress brought by the Respondents mentality,
behavior and imposition of pressure for her to change
political affiliation, she decided to permanently leave their
conjugal home along with her daughter and stay at her
parents conjugal home.
III.
ISSUES TO BE TRIED AND RESOLVED
The Petitioner proposes the following issues to be tried and
resolved by this Honorable Court:
1. Whether or not the Respondent has failed to comply with
the essential marital obligations stated in Article 68 of the
Family Code.
2. If the Respondent failed to comply with the essential
marital obligations stated in Article 68 of the Family Code,
whether or not such failure was due to a violation of Section
2, Article 55 of the Family Code.
IV.
DOCUMENTS TO BE PRESENTED
1. Marriage Certificate between Margie Flores Lopez and
Joseph Montes Lopez made in June 3, 1999.
2. Certificate of Employment of Margie Flores Lopez from
New Forth Office.
Copy Furnished:
Relucano Law Firm
Counsel for Respondent
DIGOS CITY
MARGIE FLORES LOPEZ
PETITIONER
-versusJOSEPH MONTES LOPEZ
RESPONDENT
X---------------------------x
PRE-TRIAL BRIEF
RESPONDENT by the undersigned counsel and unto this
Honorable Court most respectfully states:
I.
BRIEF STATTEMENT OF CLAIMS AND DEFENSES
1. Petitioner seeks too annul the marriage under Article 55
of the Family Code on the ground that Respondent continues
to impose physical violence and moral pressure to change
her political affiliations.
2. Respondent denies the allegations that he was
continuously inflicting physical violence over the Petitioner
after contradictions with political beliefs.
3. That the Petition for the the Declaration of the Nullity of
MMarriiage does not specify the regime governing the
property relations of the spouses, as well as the properties
involved, in violation of the requirements of the Rule on
Declaration of Absolute Nullity of Marriages.
II.
WILLINGNESS TO ENTER INTO AN AMCABLLE
SETTLEMENT AND POSSBLE TERMMS OF ANY SUCH
SETTLEMENT
A. Subject to a concrete proposal that is fair and reasonable
and a reciprocal manifestation of openess from Petitioner.
DOCUMENTS TO BE PRESENTED
1. Marriage Certificate between Margie Flores Lopez and
Joseph Montes Lopez made in June 3, 1999.
2. Certificate of Employment of Margie Flores Lopez from
New Forth Office.
3. Certificate of Employment of Margie Flores Lopez from
New Forth Office, De Kwatro Law Firm, Commission on
Human Rights and Philippine Department of Justice.
V. WITNESSES TO BE PRESENTED
The Petitioner will present the following witnesses:
1. Joseph Montes Lopez as to the truthfulness of his
allegtions in the petition, particularly the breakdown of his
union with Margie Flores Lopez.
2. Josefa Lopez, mother of Respondent, will testify as to the
scheme of the relationship between the spouses.
3. Other witnesses as may be determined to be relevant to
the case during the course of the trial.
VI.
AVAILABLE TRIAL DATES
The Petitioner respectfully requests that the trial dates to be
agreed upon in open court at such dates and time
convenient to the parties and the calendar of this Honorable
Court.
WHEREFORE,, premises considered, it is respectfully prayed
unto this Honorable Court that the foregoing Pre-Trials Brief
be duly noted.
Digos City, October 10, 2016.
ATTY. ABBIE MIKAELA RELUCANO
Counsel for Respondent
Agdao Street, Digos City
Notary Public until December 31, 2016