Republic of the Philippines

REGIONAL TRIAL COURT

Branch__
City of Davao
th
11 Judicial Region

LIEZEL GARCIA LOPEZ

Plaintiff

Case No:______________
For: Legal Separation

-versusRICARDO TAN LOPEZ

Defendant
x-----------------------------------x
PRE TRIAL BRIEF FOR DEFENDANT
COMES NOW Respondent RICARDO TAN LOPEZ through
the undersigned counsel and unto this Honorable Court, most
respectfully state that;
STATEMENT OF FACTS
I am RICARDO TAN LOPEZ the Defendant in the case
at bench of legal age, Filipino, married to LIEZEL GARCIA
LOPEZ herein Plaintiff and both residents of Davao City,

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Working as a surgeon requires me to leave the house

at an earlier time and sometimes I would come home late at
night was due to insurmountable cases of surgeries that I
need to preform and supervise.
That I did not willfully leave the conjugal home but was
forced to, on January 2016 when upon entry of our conjugal
home I opened the door it was the Petitioner who stormed
the Respondent with punches and kicks with threats to kill
him even hurling a gun my forehead. Fearing for my life O
immediately left and went to the house of his friend who is a
lawyer and his gym partner.
I made my a lot of attempts to return to our conjugal
house but my efforts did not pay off since Plaintiff already
threatened and tried to kill me.
STIPULATION OF FACTS
1. Petitioner LIEZEL GARCIA LOPEZ is

married to Respondent

RICARDO TAN LOPEZ. They met each other sometime on

September 20 1975. The aforementioned acquaintance, led to
courtship and romantic relations that later culminated in the
exchange of marital vows on September 25, 1982 at St. Pauls
Church in Matina Davao City.
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2. After the marriage the couple decided to settle at B2 L32

Marfori Hieghts Subdivision Davao City where they built their
family home.
3. The union produced three (3) children namely Ryan G. Lopez
born on Februay 16, 1984, Jericho G. Lopez born on April 22,
1987, Emeglen L. Villame born on December 7, 1988.
4. The married couple have the following properties to wit;
a) Rice field 2 hectares in Buri, Matanao, Davao del Sur
b) Farm lot with coconut bearing trees in Lapulabao,
Hagonoy Davao del Sur
c) Residential House and lot 900 square meters in
Insular Village
d) Beach house 200 hectares in Bolinao Digos City
e) Commercial building and lot 200 square meters in
Nidea St. Obrero Davao City.
f) Cars a namely a Chevrolet Trax 2016 model, Innova
2015 model, Ford Ecosport 2015 model & Honda
Civic 2012 model.

5.)

With cash deposits in the following banks to wit;

(1)
(2)
(3)

2 Million pesos in MetroBank, Victoria Branch

1 Million pesos BDO, Quirino Branch
1 Million pesos BPI, CM Recto

ISSUES TO BE RESOLVED
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1.)

Whether there is sufficient ground for the Honorable

Court to issue a Declaration for Legal Separation.

2.)

Whether the Honorable Court should grant custody of

their minor children to the plaintiff.

EXHIBITS TO BE PRESENTED
Exhibit

Designation

Photographs during Family events

Proof of Billing for surgeries conducted by Defendant

Dash cam footage of the Plaintiff attacking the

Respondent
WITNESSES TO BE PRESENTED

1.)

Testimony of Atty. Eng Alpas who is his friend ang gym

partner.

2.)

Testimony of the neighbor of the spouses who witnessed

the mauling incidents done by the plaintiff.
APPLICABLE LAWS
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1.)

Civil Code of the Philippines

2.)

Revised Rules of Court

3.)

Applicable Jurisprudence
Willingness To Enter Into A Compromise

The herein Complainant is willing to enter into a compromise

with the Respondent under such terms which are reasonable and
equitable.
Respectfully submitted this October 06, 2016, at Davao city,
Philippines.

By

M u i c o L a w O ffi c e s
T a g u m C i t y P h i l i p p i n e s

BY

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ATTY. EARL JONES MUICO PH.D.

PTR No. 5877197- Jan. 2, 2016 / Davao City
IBP No. 704284 Dec. 27, 2016 / Davao City
Roll No. 79863
MCLE Compliance no. 0007656
Issued on 10 July 2015

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