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Republic of the Philippines

REGIONAL TRIAL COURT
Ninth Judicial Region
Branch 15
Zamboanga City

RYAN REYES TOLENTINO, Special Proceeding No. 6475

Petitioner,

versus -for-

ELLICE MAE F. ATILANO, LEGAL SEPARATION

Respondent.

x---------------------------------------------x

PRE-TRIAL BRIEF FOR PETITIONER

COMES NOW Petitioner, through undersigned counsel and unto this

Honorable Court most respectfully avers that:

I. STATEMENT OF PETITIONERS WILLINGNESS TO

ENTER INTO AMICABLE SETTLEMENT OR
ALTERNATIVE MODES OF DISPUTE RESOLUTION.

The Petitioner is amenable to a possible amicable settlement on

reasonable terms and conditions that are mutually beneficial to the
parties.

II. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS.

A. ADMITTED FACTS.

1. The parties were married on July 18, 2016 at Zamboanga City.

B. PROPOSED STIPULATION OF FACTS.

1. Will the Respondent admit that the parties co-habited as

husband and wife for only two weeks?
2. Will Respondent admit that she abandoned Petitioner?
3. Will Respondent admit that her habitual alcoholism has led to
the demise of the parties marriage?
4. Will Respondent admit that her habitual alcoholism had been a
pattern of behavior even prior to the celebration of their
marriage?
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III. ISSUES TO BE TRIED OR RESOLVED.

1. Whether or not Respondents alcoholism is a valid ground for

the parties legal separation under the Civil Code of the
Philippines?

IV. WITNESSES TO BE PRESENTED, ABSTRACT OF THEIR

TESTIMONIES AND APPROXIMATE TIME FOR THEIR
TESTIMONY.

1. Ryan Reyes Tolentino;

2. Sheena Mae Reyes Tolentino;
3. Susan Reyes Tolentino.

Petitioner reserves to other witnesses to corroborate Petitioners

allegations.

V. DOCUMENTS OR EXHIBITS TO BE PRESENTED.

1. Certificate of Marriage of Ryan Reyes Tolentino and Ellice

Mae Fabian Atilano.

Petitioner also reserves the right to present documents that may be

discovered during the course of the trial.

VI. APPLICABLE LAWS AND JURISPRUDENCE.

1. Civil Code of the Philippines;

2. Family Code of the Philippines;
3. Applicable legal jurisprudence and Supreme Court decisions.

VII. AVAILABLE TRIAL DATES FOR PRESENTATION OF

PETITIONERS EVIDENCE.

Any available dates of the Honorable Court.

Respectfully submitted, City of Zamboanga, Philippines, 3rd day

July 2017.

ENRIQUEZ, CAPIN AND GAUGANO LAW OFFICES

Counsel for Petitioner
nd
2 Floor, LDM Building, Pilar St., Zamboanga City
Tel. No. (062) 990-1412
e-mail: enriquez.capin.gaugano.law@gmail.com
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By:

MARIA FE C. GAUGANO
PTR No. 1402789-01/04/17 Zamboanga City
IBP No. 755896-01/03/17 Zamboanga City
Roll No. 53057 04/27/2007
MCLE Compliance No. V 0002067 05/13/2014

Copy furnished:

The Solicitor General

Amorsolo St., Legaspi Village,
Makati City, Philippines

Office of the City Prosecutor

Zamboanga City

Office of the City Civil Registrar

Zamboanga City

EXPLANATION

Pursuant to Section 11, Rule 13 of the Revised Rules of Court, it is

respectfully manifested that the foregoing Pre-Trial Brief for Petitioner is
being served to the Office of the Solicitor General via registered mail due to
distance.

MARIA FE C. GAUGANO