Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
IN THE MATTER OF A
PETITION FOR ISSUANCE OF A
TEMPORARY PROTECTION CIVIL CASE NO.
ORDER and PERMANENT
PROTECTION ORDER.
Petitioner.
-versus-
Respondent.
x----------------------------------------------/
PRE-TRIAL BRIEF FOR PETITIONER
COMES NOW, PETITIONER, through the undersigned counsel from the
and unto this Honorable Court, most respectfully states that:
POSSIBILITY OF SETTLEMENT
The PETITIONER respectfully manifest that she is open for settlement
subject to the terms and conditions as maybe agreed upon.
PROPOSED STIPULATION OF FACTS
The PETITIONER proposes the admission of the following factual
circumstances, that:
1. PETITIONERS are entitled to the Permanent Protection Order being
prayed for;
2. RESPONDENT cease and desist from threatening to commit or
committing, whether personally or thru another, the commission of
further acts of violence against the petitioner;
3. RESPONDENT stay away from the petitioner and/or her children at a
distance specified by the court and to stay away from the residence,
school, workplace or any other specified place frequented by the
petitioner and her children;
4. Direct the RESPONDENT to provide support to the petitioner and their
children;
5. Grant sole custody of the children to PETITIONER;
6. RESPONDENT is obligated to provide support on a regular basis;
7. RESPONDENT is obligated to provide support to PETITIONERS
pending litigation;
8. PETITIONERS’ entitlement to support is subject to the ever-changing
needs of the children as they grow up;
ADMITTED FACTS
The following facts are admitted by the parties:
1. The parties are married and celebrated their marriage on 28 April 2006;
2. The parties begot four (4) children namely
3. That Respondent is gainfully engaged in a business of Retail of
electrical and plumbing supplies;
ISSUES
A. WHETHER OR NOT PETITIONER IS ENTITLED TO PERMANENT
PROTECTION ORDER;
B. WHETHER OR NOT PETITIONER IS ENTITLED TO THE SOLE
CUSTODY OF THEIR LEGITIMATE CHILDREN; and
C. WHETHER OR NOT PETITIONER AND THEIR CHILDREN ARE
ENTITLED TO SUPPORT;
DOCUMENTS AND EXHIBITS TO BE PRESENTED
A. Medical Certificate dated October 26, 2016 issued in the name of the
Petitioner;
B. Excerpt Copy of Police Blotter issued by the City Police Station-WCPD;
C. Barangay Protection Order issued by Barangay Central,
D. Excerpt Copy of Police Blotter issued by the City Police Station-WCPD
dated December 24, 2017;
E. Application for Barangay Protection dated December 27, 2017;
F. Affidavit Complaint dated January 8, 2018 for Violation of RA 9262
executed by the Petitioner against the Respondent;
G. Investigation Data Form with NPS Docket No. XI-09-INV-18A-00009;
H. Barangay Protection Order issued by Barangay
I. Certification issued by Barangay Apokon evidencing the service of the
BPO to the place of Respondent;
J. Medical Certificate dated January 12, 2018 issued in the name of the
Petitioner;
K. Medical Certificate dated January 29, 2018 issued in the name of the
Petitioner;
L. Excerpt Copy of Police Blotter issued by the City Police Station-WCPD
dated January 2018;
M. Affidavit Complaint dated January 30, 2018 for Violation of RA 9262
executed by the Petitioner against the Respondent;
N. Resolution for NPS Docket No. XI-09-1NQ-18A-0016 issued by the
Office of the City Prosecutor of Tagum City;
O. Affidavit of Apprehension executed;
P. Medical Certificates issued by the Institute of Psychiatric and
Behavioral Medicine of Southern Philippines Medical Center issued in
the name of the Petitioner and their children;
NUMBER AND NAMES OF WITNESSES
The PETITIONERS will present the following persons as their witnesses:
1. will testify as to the truthfulness and veracity of her allegations in her
Petition and that there is a need for the issuance of Permanent
Protection Order, thus will require 1 hour for the presentation of her
testimony;
2. will testify as to the series of events she witnessed Petitioner being hurt
and upset caused by Respondent and the trauma she experienced, thus
will require at least 1 hour for the presentation of her testimony;
3. will testify as to the trauma she experienced caused by the Respondent,
thus will require at least 1 hour for the presentation of her testimony;
4. will testify as to the series of events he witnessed Respondent being
callous and uncaring to the Petitioner and how does it affect him
emotionally and psychologically, thus will require at least 1 hour for
the presentation of his testimony;
5. will testify as to the incident of arrest by the Respondent particularly
the day Respondent harassed Petitioner at St. Mary’s College, thus will
require at least 30 minutes for the presentation of his testimony.
6. The Doctor will testify as to the Medical Certificate evidencing Physical
Abuse caused by the Respondent issued in favor of the Petitioner, thus
will require at least 30 mins for the presentation of his testimony;
7. The Barangay Captain who issued the Barangay Protection Order in
favor of the Petitioner, thus will require 15 minutes of his testimony;
8. The Mother of the Petitioner who is will corroborate the testimony of
the Petitioner during the time when she was present and witness
Respondent harassed Petitioner, thus will require at least 1 hour of her
testimony;
9. The Doctor who issued and examined the Petitioner and her children
will testify as to the findings and results of Medical Certificate
evidencing emotional and psychological trauma they experienced
caused by Respondent thus will require 15 minutes for presentation of
his testimony;
10. The Security Guards at St. Mary’s College who were present during the
time Petitioner was embarrassed, harassed and physically abused by
Respondent, thus will require at least 30 minutes for the presentation of
their testimonies;
11. In the name of Ma’am Mesing who is the grandmother of Petitioner
Son’s classmate who is present at St. Mary’s College and witnessed the
time Petitioner was physically abused by Respondent, thus will require
at least 30 minutes for presentation of her testimony.
Respectfully submitted this 03 May 2018 in, Philippines.
Prepared by:
