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    Jeff Lancion
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    This document is a pre-trial brief submitted by petitioner Ronald Castro's attorney in a case to impugn the legitimacy of Ma. Sofia Louis Mercado Castro. The petitioner claims he was working in Canada from 2010 to 2021 and could not have fathered Sofia. He only learned of Sofia's birth certificate on July 15, 2022. The brief outlines admitted facts, issues to be tried, intended witnesses and their testimonies, and evidence to be presented. The petitioner seeks to cancel Sofia's birth certificate and have a new one issued removing him as the father.

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    This document is a pre-trial brief submitted by petitioner Ronald Castro's attorney in a case to impugn the legitimacy of Ma. Sofia Louis Mercado Castro. The petitioner claims he was working in Canada from 2010 to 2021 and could not have fathered Sofia. He only learned of Sofia's birth certificate on July 15, 2022. The brief outlines admitted facts, issues to be tried, intended witnesses and their testimonies, and evidence to be presented. The petitioner seeks to cancel Sofia's birth certificate and have a new one issued removing him as the father.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    58 views6 pages

    Pre-Trial Brief

    Uploaded by

    Jeff Lancion
    This document is a pre-trial brief submitted by petitioner Ronald Castro's attorney in a case to impugn the legitimacy of Ma. Sofia Louis Mercado Castro. The petitioner claims he was working in Canada from 2010 to 2021 and could not have fathered Sofia. He only learned of Sofia's birth certificate on July 15, 2022. The brief outlines admitted facts, issues to be tried, intended witnesses and their testimonies, and evidence to be presented. The petitioner seeks to cancel Sofia's birth certificate and have a new one issued removing him as the father.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 6

    Republic of the Philippines

    Fourth Judicial Region


    REGIONAL TRIAL COURT
    Branch 8
    CALAMBA CITY, LAGUNA

    RE: PETITION TO IMPUGN


    THE IMPUGN
    LEGITIMACY OF MA.
    SOFIA LOUIS MERCADO SP NO. 1828-22-C
    CASTRO
    RONALD CASTRO
    Represented by his Attorney-
    in-fact MYRNA LERPIDO,
    Petitioner,
    -for-
    -versus-

    MA. CECILIA M. CASTRO, FILIATION CASE


    LOCAL CIVIL REGISTRAR
    OF CALAMBA CITY,
    LAGUNA.
    Respondent.
    x---------------------------------------x

    PRE-TRIAL BRIEF
    Petitioner, through the undersigned counsel and unto this Honorable
    Court, respectfully avers that:

    I. CONCISE STATEMENT OF THE CASE AND RELIEF


    PRAYED FOR

    I.1 This case is a petition to impugn the legitimacy of Ma. Sofia Louis
    Mercado Castro as the legitimate daughter of Ronald Castro.
    Petitioner prays to this Honorable Court that the Local Civil
    Registry to cancel Registry No. 2013 08748 and issue a New Birth
    Certificate.

    II. FACTS, CLAIMS AND DEFENSES

    Summary of Admitted Facts

    II.1 Petitioner and Respondent got married on June 15, 2007 at Regional
    Trial Court Branch 37, Calamba City, Laguna;

    II.2 On June 20, 2007, Petitioner went to Canada as an Overseas


    Filipino Worker (OFW). Petitioner made clear to Respondent that
    Page 2 of 6

    he wants to be a Canadian Citizen so that they can migrate to


    Canada and start a new life;

    II.3 On February 28, 2010, Petitioner went back to the Philippines in


    order to have a church wedding with Respondent. On April 15,
    2010, petitioner went back to Canada in order to comply with the
    Citizenship requirement of the Canadian Government;

    II.4 On the same year, respondent gave birth to their legitimate child
    while petitioner is in Canada but Petitioner did not witness such
    event;

    II.5 On August 26, 2014, Petitioner became a Canadian Citizen;

    II.6 From 2010 until 2022, Petitioner constantly gave support to his
    family. He has constant communication with her daughter and
    respondent thru video calls or chats;

    II.7 On June 17, 2022, Petitioner returned to the Philippines but did not
    informed Respondent;
    II.8 Upon arrival, petitioner went straight to their house from the airport.
    When petitioner arrived in their house, he noticed that another child
    is living in their home but respondent told him that it was her niece;
    II.9 Petitioner asked Respondent to return the alleged niece to her
    parents but the latter refused to return. Such refusal on the part of
    the respondent sparked arguments and fights which lead to the
    petitioner leaving their conjugal dwelling;
    II.10 Petitioner talked to his brother Roderick Castro regarding the
    situation of his family. Petitioner also told his brother that a certain
    child is living in their home. Roderick told petitioner that he is
    doubtful regarding the alleged status of the child being niece of
    Respondent;
    II.11 Roderick Castro made an investigation thru social media
    about the identity of the child. He found out that the name of the
    child is Ma. Sofia Louis Castro;

    II.12 On July 8, 2022, Roderick Castro requested thru Philippine


    Statistics Authority (PSA) the Certificate of Live Birth of Ma.
    Sofia Louis Castro;

    II.13 On July 15, 2022, Roderick Castro received the Certificate of


    Live Birth coming from the Philippine Statistics Authority (PSA)
    Page 3 of 6

    confirming that respondent is the mother of Ma. Sofia Castro and


    Petitioner is the alleged putative father.

    III. ISSUES TO BE TRIED

    III.1Whether or not petitioner has a cause of action against the


    respondent.

    III.2Whether or not petitioner is the legitimate father of Ma. Sofia


    Castro.

    III.3Whether or not respondent is liable for damages.

    IV. AVAILMENT OF MODES OF DISCOVERY

    IV.1 Petitioner would like to avail of Deposition pending action.

    V. POINTS OF LAW AND CITATION OF AUTHORITIES

    V.1 Jurisprudence on Paternity and Filiation


    V.2 Civil Code of the Philippines
    V.3 Family Code of the Philippines
    V.4 2019 Amendments to the 1997 Rules of Civil Procedure

    VI. WITNESS

    Name of Witness Summary of Intended Testimony


    Horacio Castro Witness shall testify that he did not
    knew of certain Ma. Sofia Castro/
    He only discovered or knew of the
    Birth Certificate of Ma. Sofia
    Castro on July 15, 2022
    Roderick Castro Witness shall testify that he did not
    knew of certain Ma. Sofia Castro/
    He only discovered or knew of the
    Birth Certificate of Ma. Sofia
    Castro on July 15, 2022/ He
    requested towards the PSA
    regarding the Birth Certificate of
    Page 4 of 6

    Ma. Sofia Castro.


    Myrna Lerpido Witness shall testify that he did not
    knew of certain Ma. Sofia Castro as
    daughter of Petitioner/ She only
    discovered or knew of the Birth
    Certificate of Ma. Sofia Castro on
    July 15, 2022
    Ronald Castro Petitioner shall testify that he is
    married to Respondent/ That from
    2010 until 2021, he is in Canada as
    an OFW and as Citizen/ Physically
    Impossibility to have sexual
    intercourse and He only discovered
    or knew of the Birth Certificate of
    Ma. Sofia Castro on July 15, 2022.

    The Petitioner reserves the right to present additional witnesses during the
    course of the proceedings upon meritorious reasons.

    VII. EVIDENCE

    Exhibit Documentary/Object Evidence


    A Photocopy of the Canadian Passport
    of Ronald Castro
    B Special Power of Attorney and
    Certificate of Acknowledgment
    from Consulate General of the
    Republic Of The Philippines
    Vancouver.
    C Marriage Certificate
    D Passport with Stamp (June 2007)
    E Passport with Stamp (February
    2010)
    F Certificate of Canadian Citizenship
    G Certificate of Live Birth of Ma.
    Sophia Louise Castro
    Page 5 of 6

    H Judicial Affidavit of Horacio Castro


    I Judicial Affidavit of Roderick
    Castro
    J Judicial Affidavit of Myrna Lerpido

    The Petitioner reserves the right to present additional evidence during


    the course of the proceeding upon meritorious reasons.

    PRAYER

    WHEREFORE, premises considered, petitioner respectfully prays to


    the Honorable Court that the foregoing Pre-Trial Brief be duly noted.

    Other reliefs and equitable under the premises are likewise prayed for.

    Respectfully submitted, 2 December 2022.

    Biñan City, Laguna for Calamba City, Laguna.

    ROLAN JEFF A. LANCION


    Blk. 6, Lot 1, Lagrimas St., Ireneville IV Subdivision,
    Brgy. San Francisco, Biñan City, Laguna
    Roll No. 77313
    PTR No. 1736382/ 05.12.2022/ Biñan City, Laguna
    IBP No. 207881/ 05.10.2022/ Laguna
    MCLE EXEMPTED (Admitted to the Bar in 2022)
    E-mail Address: [email protected]

    Copy Furnished:

    MA. CECILIA CASTRO


    Blk 14, Lot 10, Garden Homes Subdivision, San Cristobal,
    Calamba City, Laguna

    BRANCH CLERK OF COURT


    RTC Branch 8, Calamba City, Laguna

    EXPLANATION
    Page 6 of 6

    In compliance with Section 11, Rule 13 of the Rules of Court,


    undersigned counsel respectfully manifest that filing and services of the
    Pre-Trial Brief was made through registered mail for lack of office
    personnel to effect personal service.

    ROLAN JEFF A. LANCION

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