Republic of the Philippines

REGIONAL TRIAL COURT

Branch__
City of Davao
th
11 Judicial Region

LIEZEL GARCIA LOPEZ

Plaintiff

Case No:______________
For: Legal Separation

-versusRICARDO TAN LOPEZ

Defendant
x-----------------------------------x
PRE TRIAL BRIEF FOR PLAINTIFF
COMES NOW PLAINTIFF LIEZEL GARCIA LOPEZ
through the undersigned counsel and unto this Honorable
Court, most respectfully state that;
STATEMENT OF FACTS
1.)

Petitioner LIEZEL GARCIA LOPEZ is

married to

Respondent RICARDO TAN LOPEZ. They met each

other

sometime

on

September

20

1975.

The

aforementioned acquaintance, led to courtship and

romantic

relations

that

later

culminated

in

the

exchange of marital vows on September 25, 1982 at

St. Pauls Church in Matina Davao City.
2.)

After the marriage the couple decided to settle at B2

L32 Marfori Hieghts Subdivision Davao City where they
built their family home.
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PRE TRIAL BRIEF FOR PLAINTIFF CJC LAW (TAN, JAY)

3.)

The union produced three (3) children namely Ryan G.

Lopez born on Februay 16, 1984, Jericho G. Lopez born
on April 22, 1987, Emeglen L. Villame born on
December 7, 1988.

4.)

Indeed, the couples marriage was off to a good start

manifested through their display of intimacy and giving
of trust and respect to each other, hence, they could
then easily address minor issues in their relationship.
But as the years passed by respondent failed to give
support to wife, and their children. This turned into
quarrels between him and petitioner and in the middle
of those fights, the former (respondent) would more
often than not physically hurt the latter (petitioner)
and/or destroy whatever thing (usually appliances) he
would get hold of an ugly scene that caused trauma
to their children;

5.)

On January 2016, respondent left his family and the

conjugal dwelling and has not returned ever since..
From then on, there is a complete cessation of
marital relations between petitioner and respondent,
both personal and property, as well as parental
relations with their children as respondent no longer
gave them any support, may it be emotional or
financial;

6.)

Petitioner

can

and

will

no

longer

tolerate

respondents continued blatant transgression of his

marital

vows

because

the

confluence

of

his

(respondents) irresponsible and unwarranted acts

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PRE TRIAL BRIEF FOR PLAINTIFF CJC LAW (TAN, JAY)

and sexual infidelity amounting to failure on his part

to perform his duty to live with the petitioner, duty to
observe mutual love, respect and fidelity and duty to
render mutual help and support is just too much for
her to handle. Hence, the foregoing considered, this
Petition

for

Legal

Separation

on

the

following

grounds: (a) Repeated physical violence or grossly

abusive conduct directed against the petitioner; (b)
Homosexuality (c) Sexual infidelity or perversion of
the respondent; and (d) Abandonment of petitioner
by respondent without justifiable cause for more
than one year;
PROPOSED STIPULATION OF FACTS
1. Petitioner LIEZEL GARCIA LOPEZ is

married to

Respondent RICARDO TAN LOPEZ. They met each other

sometime on September 20 1975. The aforementioned
acquaintance, led to courtship and romantic relations that
later culminated in the exchange of marital vows on
September 25, 1982 at St. Pauls Church in Matina Davao
City.
2. After the marriage the couple decided to settle at B2
L32 Marfori Hieghts Subdivision Davao City where they
built their family home.
3. The union produced three (3) children namely Ryan G.
Lopez born on Februay 16, 1984, Jericho G. Lopez born on
April 22, 1987, Emeglen L. Villame born on December 7,
1988.

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PRE TRIAL BRIEF FOR PLAINTIFF CJC LAW (TAN, JAY)

4. The married couple have the following properties to

wit;
a) Rice field 2 hectares in Buri, Matanao, Davao
del Sur
b) Farm lot

with

coconut

bearing

trees

in

Lapulabao, Hagonoy Davao del Sur

c) Residential House and lot 900 square meters in
Insular Village
d) Beach house 200 hectares in Bolinao Digos City
e) Commercial building and lot 200 square meters
in Nidea St. Obrero Davao City.
f) Cars a namely a Chevrolet Trax 2016 model,
Innova 2015 model, Ford Ecosport 2015 model
& Honda Civic 2012 model.

5.)

With cash deposits in the following banks to wit;

(1)
(2)
(3)

2 Million pesos in MetroBank, Victoria Branch

1 Million pesos BDO, Quirino Branch
1 Million pesos BPI, CM Recto

ISSUES TO BE RESOLVED
1.)

Whether there is sufficient ground for the

Honorable Court to issue a Declaration for Legal

Separation.
2.)

Whether there is sufficient ground to declare the

Plaintiff as administrator for the said properties and

bank accounts.
3.)

Whether the Honorable Court should grant custody

of their minor children to the plaintiff.

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PRE TRIAL BRIEF FOR PLAINTIFF CJC LAW (TAN, JAY)

EXHIBITS TO BE PRESENTED
Exhibit

Designation

Marriage Contract

Birth Certificate of Ryan G. Lopez

Birth Certificate of Jericho G. Lopez

Birth Certificate of Emerglen G. Lopez

E-F

Photographs taken by the witness

WITNESSES TO BE PRESENTED
5.)

Concerned family member who witnessed the dates,

holding hands and the kissing of the Defendant and
boyfriend.
APPLICABLE LAWS

1.)

Civil Code of the Philippines

2.)

Revised Rules of Court

3.)

Applicable Jurisprudence
Willingness To Enter Into A Compromise

The herein Complainant is willing to enter into a

compromise with the Respondent under such terms which
are reasonable and equitable.
Respectfully submitted this October

06, 2016, at

Davao city, Philippines.

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By

BY

Aportadera & Tan Law Offices

# 6 6 C h a v e z - P o n c e
S t r e e t
Cable Address: A B C L A W O F F I C E
Tel. No.: 221-2632; 300-1650 / Telefax:
(082) 2212632
E-mail Address:
abc_law_davao@yahoo.com
FOR PLAINTIFFS

A TTY . A LBERTO R AFAEL L. A PORTADERA

PTR No.5877190 / Jan. 2, 2016/ Davao City
IBP No.704282 / Dec. 27, 2016/ Davao City
Roll No. 33885
MCLE Exemption No.001312
Issued on 16 July 2007
And
ATTY. JAY B. TAN
PTR No. 5877197- Jan. 2, 2016 / Davao City
IBP No. 704284 Dec. 27, 2016 / Davao City
Roll No. 79863
MCLE Compliance no. 0007656
Issued on 10 July 2015

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PRE TRIAL BRIEF FOR PLAINTIFF CJC LAW (TAN, JAY)