REPUBLIC OF THE PHILIPPINES National Capital Judicial Region Regional Trial Court Makati City, Branch 141

IN RE: PETITION FOR CUSTODY OF MINORS JOSEPH DELA CRUZ AND JADE DELA CRUZ WITH SUPPORT JUAN DELA CRUZ, Petitioner. vs. SP. PROC. NO. 87654 FOR: Custody and Support

CHRISTINA DELA CRUZ, Respondent. x----------------------------------x PRE-TRIAL BRIEF FOR RESPONDENT Respondent CHRISTINA DELA CRUZ, through counsel, unto this most honorable court, most respectfully submit its pre-trial brief as follows:

STATEMENT OF THE CASE This instant case is a petition for the custody and support of minor children initiated by petitioner JUAN DELA CRUZ against respondent CHRISTINA DELA CRUZ, praying for the custody of minors Joseph dela Cruz and Jade dela Cruz with support. PETITIONERS CASE In its petition dated 18 November 2012, petitioner claimed that on 01 November 2012, he saw several bruises on the childrens body. He further averred that the children told him that respondent was responsible for the said injuries. He claims that the children are exposed to an atmosphere that is dangerous to their physical health and emotional stability because of the respondents habitual drunkenness. RESPONDENT CHRISTINA DELA CRUZS DEFENSES

In her Answer dated 19 November 2012, respondent Christina dela Cruz denied the fact that the petitioner visited the children and saw bruises on their bodies and claimed that the petitioner was in Los Angeles, California from 31 October 2012 to 10 November 2012. Respondent further denies the fact that she is habitually drunk and claimed that she is in fact physically, mentally and emotionally healthy. POSSIBILITY OF AMICABLE SETTLEMENT Respondent Christina dela Cruz is willing to enter into an amicable settlement or to submit the case to any of the alternative modes of dispute resolution particularly in the event that the stipulation of facts cannot be made and an amicable settlement of the instant case is not reached at the pre-trial conference. ADMISSIONS Respondent Christina dela Cruz admits only the allegations in the Petition pertaining to the personalities of the petitioner, Juan dela Cruz, and minor children, Joseph dela Cruz and Jade dela Cruz. PROPOSED FACTS FOR STIPULATION Respondent Christina dela Cruz requests stipulation on the following facts:

1. Petitioner Juan dela Cruz is in Los Angeles California from 31 October 2012 and has only arrived in the Philippines on 10 November 2012;

2. Petioner Juan dela Cruz was never in contact with the minor children Joseph dela Cruz and Jade dela Cruz;

3. Respondent is a pre-school teacher in Cambridge Child Development Center and also the General Manager of her familys pawnshop business;

4. Petitioner and Respondent have a joint bank account in Banco De Oro Tandang Sora branch;

5. Respondent and the minor children reside with respondents mother;

6. Household help, Nancy Drew, is no longer working for the Respondent;

7. Respondent filed a police blotter against Nancy Drew on November 3, 2012;

8. Household help, Nancy Drew, was reported to have committed acts of Child Abuse by tying the children upside down from the ceiling while beating the children in a violent manner;

9. Respondent has been financially supporting the children on her own and does not intend to ask for the support from the petitioner.

STATEMENT OF THE ISSUES 1. Whether or not respondent has commited acts of violence against minor children;

2. Whether or not respondent is a habitual drunkard;

3. Whether or not petitioner should be granted custody with support over the minor children. DOCUMENTARY EVIDENCE Respondent Christina dela Cruz intends to present the following evidence in support of her claims:

1. Certificate from the Bureau of Immigration dated November 27, 2012 To prove that petitioner Juan dela Cruz is outside the Philippines and in fact in Los Angeles California from 31 October 2012 to 09 November 2012.

2. Philippine Airlines E-Ticket dated October 30, 2012 To prove that petitioner Juan dela Cruz purchased a ticket for his flight bound to Los Angeles California on 31 October 2012.

3. Boarding Pass To prove that petitioner Juan dela Cruz has indeed boarded the plane bound to Los Angeles, California on 31, October 2012.

4. Fetchers Card from Miriam College To prove that Christina dela Cruz is a full-time and hands-on mother and that the father is not authorized to fetch Jade dela Cruz in school.

5. Fetchers Card from Ateneo de Manila - To prove that Christina dela Cruz is a full-time and hands-on mother and that the father is not authorized to fetch Joseph dela Cruz in school.

6. PTA Meeting Attendance Sheet from Miriam College-To prove that Christina dela Cruz is a full-time and hands-on mother and that she attends PTA Meetings scheduled by Jade dela Cruzs class adviser.

7. PTA Meeting Attendance Sheet from Ateneo de Manila - To prove that Christina dela Cruz is a full-time and hands-on mother and that she attends PTA Meetings scheduled by Joseph dela Cruzs class adviser.

8. Family Pictures To show absence of the Petitioner while the children are growing up.

9. Certificate of Fitness to work from Department of Education dated May 10, 2012 To show that the respondent is physically, mentally and emotionally fit and that she is not a habitual drunkard. 10. Certificate of Fitness to work from Cambridge Child Development Center dated May 31, 2012 To show that the respondent is physically, mentally and emotionally fit and that she is not a habitual drunkard.

11. Police Blotter To show that Respondent has reported the acts of child abuse committed by the household help Nancy Drew against her minor children dated November 3, 2012.

12. Salary vouchers To prove the period of employment of Nancy Drew.

13. Ledger To show period of employment of Nancy Drew.

14. Joint Checking Account Checks with Banco de Oro, Tandang Sora branch To prove that the check has been drawn by the respondent using their joint checking account.

15. Certificate from the bank manger of Banco De Oro Tandang Sora branch- To prove that Petitioner and Respondent has an existing joint account.

TESTIMONIAL EVIDENCE Respondent intends to present the following witnesses to testify on the following matters:

1. ANTONIA SANCHEZ , mother of the respondent, to prove that the allegations of the petitioner contained in their petition is baseless. More specifically, she will testify to prove: that the petitioner has not been in contact with the minor children; that the respondent is a fit mother and it will be for the best interest of the children for them to stay with the respondent mother.

2. JASMIN REGIS , supervisor of the respondent in Cambridge Child Development Center, to prove that the respondent is physically, mentally and emotionally fit. More specifically, she will testify to prove: that the respondent is a loving, caring and patient mother, that the respondent has the qualities of a fit parent that would be best especially during the formative years of the children.

3. ROMAN LOVERIA , bank manager of Banco de Oro Tandang Sora branch, to prove that petitioner and respondent has an existing joint checking account. More specifically, she will testify that the petitioner and respondent may either issue the said check and that it is not a dormant account but in fact an active account used by the parties.

4. MELANIE MYSTICA, expert in child psychology who diagnosed Joseph dela Cruz, to prove that the cause of his trauma is not because of the respondent mother but because of the abusive acts caused by the household help, Nancy Drew.

5. PETRA PRINCIPA, principal of Miriam College, to prove the fact that the respondent is not negligent not apathetic towards her childrens concern but in reality hands-on for the fact that they have been constantly in contact regarding the development and updates regarding Jades performance in school.

RESERVATION Respondent Christina dela Cruz respectfully reserves the right to present other witnesses, documents or evidence in relation to, or in substitution of, those mentioned above should the need therefore arises, propose other issues as the exigencies of the proceedings may demand, or amend this Pre-Trial Brief, as may be warranted.

RESPECTFULLY SUBMITTED Makati City, 29 November 2012 GRUBA LAW OFFICE Counsel for Respondent CHRISTINA DELA CRUZ 47th Floor, Gold Tower 123 ABC Street, Salcedo Village 1227 Makati City, Metro Manila By: KATHERINE THERESE GRUBA PTE No. 1234566; 05/06/2012; Makati City IBP No. 3757384; 04/21/2012; Makati City Attorneys Roll No. 578284 (Admitted to the Bar April 2012)

Copy Furnished: (By Personal Service) DARYL ALDANA Counsel for Petitioner Juan dela Cruz 4th floor XYZ Tower Makati City, Metro Manila