Republic of the Philippines National Capital Region REGIONAL TRIAL COURT Branch 86 Quezon City

In the matter of MOTION FOR PARTIAL RECONSIDERATION On the Grant of Temporary Custody over the person of Carlo Iigo Puno

GRETCHEN C. PUNO Plaintiff,

versus

MAR G. PUNO Respondent. X----------------------------------X

Civil Case No. 456472

URGENT MOTION for PARTIAL RECONSIDERATION

PLAINTIFF, by counsel and unto this Honourable Court, most respectfully submits this pre-trial brief in compliance with the trial court order dated 31 May 2006, containing the following: 1. Plaintiff is willing to enter into an amicable settlement of the case, under the terms and conditions which are agreeable to both parties. Plaintiff is willing to submit the technical issues for resolution by technical experts.

2. Plaintiff admits the following facts: a. Gretchen Puno, the plaintiff, and Mar Puno, herein respondent, were married on 26 November 2000 at the Basilica of the Immaculate Conception, Intramuros, Manila. They begot a son, Carlos Iigo, who was born on 5 July 2002. b. However, a short time after their wedding, their relationship was beset by frequent squabbles, which persisted even after the birth of their son. Despite this, the couple with their son stayed in their conjugal home. c. Since 11 March 2006, plaintiff had been staying at her sisters house with his son. On 14 March 2006, the respondent picked up Carlos Iigo. The following day, the plaintiff notified the respondent that she would fetch their son, the respondent after which asked her to wait for him in the conjugal abode as he had something to give her. d. Surprisingly, the respondent refused to allow the plaintiff to take their child. When the plaintiff remonstrated, the respondent purportedly berated, insulted, and told her that she could no longer see their son without their permission. When the plaintiff tried to wrest Carlos Iigo away from the respondent, the latter hit her several times and started choking her. Unable to get her son back, the respondent boarded his car and sped away with their son in tow. e. Since 15 March 2006, the plaintiff has never seen her son and has been barred by the respondent from going back to their conjugal home. f. Longing to see her son, the plaintiff filed a Petition for Habeas Corpus with the RTC of Quezon City, docketed as SP No. Q-06-57984, which issued an order dated 23 May 2006 (marked Exhibit C);

g. That on 25 May 2006, petitioner filed with the same court an Urgent Ex-Parte Motion to hear Writ of Habeas Corpus on 26 May 2006, as such after hearing the records of the consolidated cases, resolved in an order (marked Exhibit D). 3. The issue which plaintiff raise is as follow: a. The court erred in granting temporary custody of the child Carlos Iigo to the respondent as pursuant to Article 213 of the Family Code. 4. Plaintiff intends to present the following documents, in connection with which plaintiff requests from respondent their admission of their execution and due authenticity: a. Medical certificate issued by Dr. Frankenstein H. Jackson, marked as Exhibit A; b. E-mail exchanges with the respondent, marked as Exhibit B; c. Order of the Regional Trial Court Branch 86 of Quezon City dated 23 May 2006 for SP No. Q-06-5798, marked as Exhibit C; d. Order of the Regional Trial Court Branch 86 of Quezon City on the issuance of Writ of Habeas Corpus for the person of Carlos Iigo, marked as Exhibit D. e. Birth Certificate of the Minor Carlo Iigo issued by the National Statistics Office, marked as Exhibit E. 5. Plaintiff manifests her intention to resort to discovery procedures. 6. Plaintiff does not intend to amend her complaint. 7. Plaintiff requests of respondent to stipulate or admit the following: a. That he and the petitioner have been separated in fact since 11 March 2006 as their relationship was beset by frequent squabbles, and that reconciliation, after numerous attempts, have been highly improbable. b. That there was senseless and protracted refusal on his part to deliver the child to the petitioner;

c. That on 15 March 2006, when the plaintiff tries to wrest his son away from the respondent, he inflicted physical injuries on her with an attempt for her life through choking; d. That the plaintiff, having the intention to go back to the conjugal home, was banned by the respondent from doing so; e. That since 15 March 2006, the plaintiff was not able to see her son; f. That even on an order issued by the Regional Trial Court of Quezon City requesting the presence of the minor before the court, the respondent still failed to do so. 8. Plaintiff intends to present the following witnesses, the substance of which and the number of hours for each witness are: a. Dr. Frankenstein H. Jackson, 45 years of age, and a resident physician of Makati Medical Center, whose proposed testimony would consist substantially of: i. That she personally examined the plaintiff; ii. That in connection with her examination, she issued a medical certificate (marked as Exhibit A) dated 16 March 2006; iii. That the said medical certificate stated the following findings: 1. Hematoma forehead middle part; 2. Multiple abrasions forehead; 3. Hematoma nose with bloody discharges; and would take about three (3) hours to testify. b. Mr. Ricardo G. Palmares III, 42 years old, whose proposed testimony would consist substantially as follows:

i. That he has been working as the chauffeur of the plaintiff for about three years; ii. That he drove the plaintiff to the couples conjugal dwelling to fetch Carlo Iigo; iii. That upon accompanying the plaintiff to get the clothes of Carlo Iigo, he was witness to the refusal of the respondent to allow the plaintiff to take their child; iv. That the plaintiff, eager to take Carlo Iigo with her, wrest with the respondent, the respondent hit the plaintiff and started choking her; and would take about two (2) hours for such purpose. c. Plaintiff Gretchen S. Puno herself, 26 years of age, who would testify as follows: i. That she and the respondent were married on 26 November 2000; ii. That their relationship was beset by frequent squabbles, after having tried several times to live harmoniously and reconcile with him, the same failed, after which she lived with her sister together with Carlo Iigo; iii. That the respondent picked up Carlo Iigo on 14 March 2006; iv. That on 15 March 2006, she fetched her son but the respondent refused to allow her to take their child with her; v. That she tried to wrest Carlo Iigo away from the respondent, and the latter hit her several times and started choking her, unable to get her son back; vi. That since 15 March 2006, the plaintiff has never seen their son;

vii. That in call and e-mail exchanges with her husband and having tried to go back to the conjugal dwelling, the respondent husband informed her that she is barred from doing so; and would take about three (3) hours for such purpose. WHEREFORE, plaintiff prays that the foregoing be taken cognizance of: a. That this Honourable Court, in pursuant to the resolution to the three consolidated cases filed, reconsider the grant of temporary custody to the respondent, such being an alleged violation of Article 213 of the Family Code stating: Article 213. In case of separation of parents, parental authority shall be exercised by the parent designated by the court. The court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. b. That considering the facts stipulated above, the senseless and protracted refusal of the respondent to give the custody of the child back to the respondent constitutes neither of the compelling reasons for the court to deprive the mother of the custody over the minor, nor there is abandonment or neglect on the part of the petitioner to the child; c. That the grant of temporary custody granted to the respondent be annulled and the custody of the minor child be given to the plaintiff.

Quezon City, 31 May 2006.

Republic of the Philippines City of Manila

) ) S.S.

X----------------------------------------X

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, GRETCHEN C. PUNO, Filipina, 26 years of age, with postal address at c/o 4th Floor, Kajika Building, 2341 Makati Avenue, Corner Valdez St., Makati City, after having duly sworn in accordance with law, do hereby depose and state that: I have caused the preparation and filing of this Urgent Ex-Parte Motion to Comply with the Writ of Habeas Corpus and Urgent Motion for Partial Reconsideration; I have read and understood the contents of this Urgent Motion and attest that the same are true and correct based on my personal knowledge and on the basis of authentic records. I further certify that I have not heretofore commenced any action involving the same parties and the same issues in the Supreme Court or in any other court or tribunal and, to the best of my knowledge, no other similar or identical actions are pending therein. If I should thereafter learn that an identical or similar action was filed or is pending in the Supreme Court or in any other tribunal concerning the same parties and the same issues, I shall report that fact to this Most Honourable Court or any tribunal concerning the same parties and the same issues, I shall report that fact to this Most Honourable Court within five (5) days therefrom. IN WITNESS WHEREOF, I hereby affix my signature this 6th day of October, 2006 at Quezon City, Philippines.

GRETCHEN C. PUNO Affiant SUBSCRIBED and sworn to before me, this 6th day of October, 2006 in Quezon City, Philippines, affiant exhibiting before me her Community Tax Certificate No. 54558 issued on 4 October 2006 at Makati City, Philippines.

Atty. Spongebob Hitler Counsel for the Plaintiff Roll No. 69009 / 5-2-07 IBP. No. 789085 / 12-29-07 MCLE Compliance No. 890591 / 12-20-07 PTR no. 345668 / 01-05-08