Republic of the Philippines National Capital Judicial Region

REGIONAL TRIAL COURT Branch 141, Makati City

IN RE: PETITION FOR CUSTODY OF MINORS

JOSEPH DELA CRUZ AND JADE DELA CRUZ

WITH SUPPORT

JUAN DELA CRUZ, SP. PROC. No. 87654

Petitioner, FOR: Custody and Support

vs.

CHRISTINA DELA CRUZ,

Respondent.

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PRE-TRIAL BRIEF

RESPONDENT, by counsel and to this Honorable Court, respectfully submits this pre-trial brief in compliance with trial court’s order dated ________________, containing the following:

1. Respondent is willing to enter into an amicable settlement of the case, if only for the children involved, under terms and conditions which are agreeable to both parties. Respondent is willing to submit the technical issues for resolution by technical experts.

2. Respondent admits the following facts:

a. CERTIFICATE OF MARRIAGE between Petitioner and Respondent, labeled by Petitioner as Annex A;

b. CERTIFICATE OF LIVE BIRTH of Joseph Samson Dela Cruz, labeled by Petitioner as Annex B;

c. CERTIFICATE OF LIVE BIRTH of Jade Samson Dela Cruz, labeled by Petitioner as Annex C;

d. JACK BLACK’S SCHOOL OF ROCK AND ROLL Official Receipt NO. 287213 Dated 06 October 2012, labeled by Petitioner as Annex D-1, with reservation/explanation as to the bottom line “Paid by: Juan Dela Cruz;”

e. PERRY SEVIDAL BALLET AND DANCE STUDIO Official Receipt No. 287213 Dated 15 October 2012, labeled by Petitioner as Annex D-2, with reservation/explanation as to the bottom line “Paid by: Juan Dela Cruz;”

f. MARINO AQUA SPORTS ARENA Official Receipt No. 23712 Dated 12 October 2012, labeled by Petitioner as Annex D-3, with reservation/explanation as to the bottom line “Paid by: Juan Dela Cruz;”

g. ST. LUKE’S MEDICAL CENTER Official Receipt No. 032317 Dated 20 October 2012, labeled by Petitioner as Annex D-4, with reservation/explanation as to the bottom line “Paid by: Juan Dela Cruz;”

h. ST. LUKE’S MEDICAL CENTER Official Receipt No. 008127 Dated 18 October 2012, labeled by Petitioner as Annex D-5, with reservation/explanation as to the bottom line “Paid by: Juan Dela Cruz;”

i. ATENEO DE MANILA GRADE SCHOOL Tuition Receipt Form No. ______ Dated ___________, labeled by Petitioner as Annex D-9, with reservation/explanation as to the line “Paid by: Juan Dela Cruz;”

j. MIRIAM COLLEGE GRADE SCHOOL Tuition Receipt Form No. ______ Dated ___________, labeled by Petitioner as Annex D-10, with reservation/explanation as to the line “Paid by: Juan Dela Cruz;”

k. DECREE OF LEGAL SEPARATION for Case No. 82931, Branch 140 Makati City, labeled by Petitioner as Annex E;

l. PROGRESS GRADE OF JADE DELA CRUZ for S.Y. 2010-2011, labeled by Petitioner as Annex A-1;

m. PROGRESS GRADE OF JADE DELA CRUZ for S.Y. 2011-2012, labeled by Petitioner as Annex A-2;

n. MIRIAM COLLEGE CHILD STUDY CENTER REMINDER NOTEBOOK Dated 24 October 2012, 5 November 2012, and 12 November 2012, as attached by Petitioner;

o. PROGRESS GRADE OF JOSEPH DELA CRUZ for S.Y. 2010-2011, labeled by Petitioner as Annex A-1;

p. PROGRESS GRADE OF JOSEPH DELA CRUZ for S.Y. 2011-2012, labeled by Petitioner as Annex A-2;

q. DRAWING OF JOSEPH DELA CRUZ in the Guidance Counselor’s Office, labeled by Petitioner as Annex A;

r. ST. LUKE’S MEDICAL CERTIFICATE of Jade Dela Cruz dated November 1, 2012, labeled by Petitioner as Annex A-1;

s. ST. LUKE’S MEDICAL CERTIFICATE of Jospeh Dela Cruz dated November 1, 2012, labeled by Petitioner as Annex A-2.

3. The issues which Respondent raises are as follows:

a. Whether Petitioner is at all fit to be a custodian of minor children Joseph Dela

Cruz and Jade Dela Cruz; b. Whether the Checking Account used by Petitioner to pay the bills annexed by

Petitioner is the Joint Checking Account of both Petitioner and Respondent, despite the apparent appearance of being a sole account of Petitioner whenever Official Receipts show the line “Paid by: Juan Dela Cruz.”

4. Reposndent intends to to present the following documents, in connection with which Respondent requests from Petitioner their admission of their execution and due authenticity: a. Judicial Affidavit of Dr. Melanie M. Mystica, Child Psychiatrist of Joseph Dela Cruz; b. Judicial Affidavit of Roman Loveria, Bank Manager of Banco De Oro (BDO)

Tandang Sora Branch; c. Affidavit of Leonora Destierro, mother of Respondent Christina Dela Cruz;\ d. Judicial Affidavit of Mrs. Petra P. Principa, Principal at Miriam College Grade

School; e. Judicial Affidavit of Maria Dimagiba, Principal at Cambridge Child Development

Center, and Respondent’s Supervisor. f. Immigration certificate, boarding pass, and ticket from PAL of Juan Dela Cruz

dated November 1, 2012; g. Fetcher’s Card, PTA Meeting Attendance, Specimen Signatures, and Pictures of

birthdays and special occasions in the lives of minor children Joseph and Jade Dela Cruz presenting the Respondent mother only for the past three (3) years;

h. Police report for Child Abuse against Nancy Drew, Separation pay vouchers, and Ledger of 4-month pay to Nancy Drew;

i. Certificate of Fitness to Work as certified by the Department of Education and Cambridge Child Development Center in favor of Respondent Christina Dela Cruz;

j. Joint Account Certification Form from BDO Tandang Sora Branch; k. Sample Check of the Joint Account Check of both Petitioner and Respondent.

5. Respondent manifests her intention to resort to discovery procedures; 6. Respondent requests of Petitioner to stipulate or admit the following:

a. That the check used by Petitioner in paying the bills as evidenced by the official

receipts attached by Petitioner are paid from the Joint Checking Account of both Petitioner and Respondent in BDO Tandang Sora Branch;

b. That it is Nancy Drew, the former househelp of the Dela Cruzes, who is solely responsible for the bruises and physical harm inflicted upon minor children Joseph and Jade Dela Cruz;

c. That Respondent is not an alcoholic and is in fact fit to be a mother to minor children Joseph and Jade Dela Cruz.

7. Respondent intends to present the following witnesses, the substance of which and

the number of hours for each witness are:

a. Dr. Melanie M. Mystica, Child Psychiatrist of Joseph Dela Cruz, on her diagnosis of

the latter with Emotional and Psychological Trauma brought about by physical

abuse by Nancy Drew on Joseph, 30 mintues on witness stand;

b. Roman Loveria, Bank Manager of Banco De Oro (BDO) Tandang Sora Branch, on

the propriety of the Joint Checking Account of both Petitioner and Respondent in

said bank, 30 mintues on witness stand;

c. Leonora Destierro, mother of Respondent Christina Dela Cruz, on the behavior of

the family members in and the atmosphere at the Dela Cruz residence without

Petitioner present therein, 30 mintues on witness stand;

d. Mrs. Petra P. Principa, Principal at Miriam College Grade School, on the fact that

Mrs. Christina Dela Cruz was not amiss in attending to Jade Dela Cruz’s

educational challenges, 30 mintues on witness stand;

e. Maria Dimagiba, Principal at Cambridge Child Development Center, and

Respondent’s Supervisor, on Respondent Christina Dela Cruz’s fitness to work as a

pre-school teacher, and her fitness as a mother and mother figure, 30 mintues on

witness stand.

WHEREFORE, Respondent prays that the foregoing be taken cognizance of.

November 29, 2012, Makati City.

SERVICE OF PRETRIAL BRIEF

PROOF OF SERVICE

AFFIDAVIT OF PERSONAL SERVICE

I, Playa P. Playa, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Tishreen Mariam I. Bahjin in the case entitled “JUAN DELA CRUZ, Petitioner, vs. CHRISTINA DELA CRUZ, Respondent, In the Matter of Petitioner for Custody of Their Minor Children JOSEPH DELA CRUZ and JADE DELA CRUZ, With Custody”, Sp. Proc. No. 87654, and that such messenger I served upon the counsel of adverse party Petitioner Juan Dela Cruz, the pre-trial brief filed in said case, as follows:

Daryl Aldana, counsel for Christina Dela Cruz, by personal service by delivering personally copy of said pretrial brief upon said lawyer who acknowledged receipt thereof as shown by his signature or initial on the said pretrial brief, this 29th day of November, 2012.

IN WITNESS WHEREOF, I have signed this affidavit this 29th day of November, 2012 at Makati City.

Playa P. Playa Affiant

JURAT