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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
LAS PINAS CITY, BRANCH 254

PEPITO S. PLAMARA, JR.,

Petitioner,

- versus - SP. PROC.No. 19-0033

For: CUSTODY and CUSTODY
PENDENTE LITE

KRISTINE BERNADETTE MONSALES

PLAMARA,
Respondent.
x-----------------------------------------------x

PRE-TRIAL BRIEF

Petitioner, by and through counsel, to this Honorable Court,

respectfully submits his Pre-trial Brief as follows :

A. STATEMENT OF THE FACTS AND CASE

This is a petition for custody and custody pendente lite over the
two legitimate children of the parties, namely Bryelle and Karleigh
Plamara. Petitioner, their father, is claiming custody pendente lite
and permanent custody, after hearing, on the ground that respondent
is unfit to provide a safe, secure and healthy environment for their
children, considering that respondent suddenly just packed up and
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left their common home and went to Batangas with their minor
children. When petitioner reached out to her, respondent refused to
talk about whatever differences they had that prompted her to
suddenly leave. Worse, petitioner discovered that respondent was
not properly accounting for the money petitioner regularly sent for her
and the children’s support, causing petitioner worry over the well
being of his family, particularly his children.

B. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Petitioner is open to an amicable settlement of the case, under

mutually acceptable terms and conditions insofar as allowed by law.

C. ADMITTED FACTS

1. Parties are married and parents to Bryelle, aged 5 and

Karleigh, aged 1 year 2 months;

2. Respondent suddenly left the family home last ____ ;

3. Petitioner presently has custody of Karleigh and respondent

presently has custody over Bryelle.

D. PROPOSED ISSUE TO BE RESOLVED

Whether or not petitioner is entitled to the sole right of custody

over their two children.

E. TESTIMONIAL EVIDENCE

Petitioner intends to present himself and his sister, Irene, as

witnesses in this case, and reserves the right to present other
witnesses during the course of the trial as may be required.
Petitioner will testify as to his capability to provide a safer, more
secure and healthier environment for their children, over that of the
respondent.
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F. DOCUMENTARY EVIDENCE

1) Certificates of Live Birth of Bryelle and Karleigh

2) Marriage contract between the parties
3) Petitioner’s employment history as an overseas Filipino
worker
4) Dates of departure over the last two years

Petitioner reserves the right to present such other documents

as may be necessary during the course of trial.

G. AVAILMENT OF MODES OF DISCOVERY/

RELEVANT LAWS AND JURISPRUDENCE

Petitioner reserves the right to avail of the modes of discovery

as may be necessary in this case. Petitioner shall seek enforcement
of relevant provisions of the Family Code on custody, as well as
Supreme Court decisions and circulars on custody of minors, as may
be necessary in the course of trial.

H. SPECIFIC TRIAL DATES

Petitioner that the trial dates be set on dates most convenient to

this Honorable Court.

Respectfully submitted.

Parañaque City for Las Pinas City, __ May 2019.

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JOSEPH JOHN GERALD M. AGUAS

COUNSEL FOR THE PETITIONER
28 RAFAEL GONZALES ST., SINAG TALA
SUBDIVISION, BF HOMES, PARANAQUE CITY 1700
PTR No. 0967970, 8 Jan 2019 Lucena City
IBP Lifetime No. 761 23 Dec 96
Roll No. 38313
MCLE Compliance VI 8203 23 April 2018
TEL. NO. 09178422668

Copy Furnished:

Atty. Alvin B. Diokno

Counsel for Respondent
Public Attorney II
Public Attorney’s Office
Las Pinas District Office
2F Hall of Justice
Las Pinas City
RR # ______________________

EXPLANATION

Copies of the foregoing were served to parties in this case via

registered mail/private courier due to distance, lack of personnel and
time that prevents personal service thereof.

JOSEPH JOHN GERALD M. AGUAS