REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

Regional Trial Court
Muntinlupa City
Branch 222

Juan Emilio Katigsan

Petitioner,
SPECIAL PROCEEDING NO.______
- versusFOR: PROBATE OF WILL AND
ISSUANCE OF LETTERS
TESTAMENTARY

Marie Kalambutan
Oppositor,
x--------------------------------------------x

PRE-TRIAL BRIEF OF THE OPPOSITOR

COMES NOW, the oppositor by counsel and to this Honorable Court, respectfully
submits to this Honorable Court this Pre-Trial Brief , to wit:
I.
POSSIBILTY OF AMICABLE SETTLEMENT OR ALTERNARTIVE MODES OF
DISPUTE RESOLUTION
The Oppositor is not wiling to consider any amicable settlement or undergo alternative
modes of dispute resolution with respect to the primary prayer of this petition.

II.
PROPOSED STIPULATION OF FACTS
The Oppositor proposes the following stipulation of facts:
1. Personal circumstances of the parties.

2. Decedent was the marriage counselor of Petitioner and Oppositor.

3. Oppositor and Decedent has been living together as husband and wife
from 1990 to 1996 and have been married from from 1996 to 2015.
4. Decedent met an accident in 2012 and both his hands were amputated.
5. Decedent died in December 29, 2015 due to an accident.

III.
ISSUES TO BE TRIED AND RESOLVED
The Oppositor proposes the following issues to be tried and resolved by this
Honorable Court:
1. Whether or not the the will was executed in accordance with the formalities of
the Republic of the Philippines
2. Whether or not the adoption of PABLO EZEKIEL KALAMBUTAN is valid making
him a compulsory heir
3. Whether or not the DECEDENT and the OPPOSITOR is legally married making
the OPPOSITOR a compulsory heir

IV.
DOCUMENTS TO BE PRESENTED

Oppositor intends to present the following documents:

a. Exh. 1 Marriage Certificate of Marie Kalambutan and Pedro
Kalambutan
b. Exh. 2 Medical Certificate of Pedro Kalambutan
c. Exh. 3 Sample document stamped by the DECEDENT in place of a
signature
d. Exh. 4 Recording of Video Conference during the signing of the will
e. Exh. 5 Recorded telephone conversation between Juan Katigasan and
Mando O. Rogas
Oppositor manifests his intention to resort to discovery procedures

V.
WITNESSES TO BE PRESENTED
Petitioner intends to present the following witnesses:
a. Chiz E. Mosa, Neighbor of Marie Kalambutan and Pedro
Kalambutan from 1990 to 1996
b. Misty R. Yoso, Neighbor of Marie Kalambutan and Pedro
Kalambutan from 1990 to 1996
WHEREFORE, oppositor prays that the foregoing be taken cognizance of.

City of Muntinlupa, Philippines, February 4, 2016.