Republic of the Philippines Ninth Judicial Region REGIONAL TRIAL COURT Branch 22 Pagadian City

In the matter of Paternity Recognition And Support to Minor Diana B. Manuel, Represented by Denise B. Manuel, Petitioner, -versus-

Civil Case No. 12345 Petitioner for Recognition and Support

John B. Flores Respondent. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PRE-TRIAL FOR THE RESPONDENT

COMES NOW, the respondent, through the undersigned counsel, unto this Honorable Court, most respectfully submits this pre-trial brief:

POSSIBILTY OF AMICABLE SETTLEMENT AND SUBMISSION TO ALTERNATIVE MODES OF DISPUTE RESOLUTION

1.1 John B. Flores respectfully manifests, without admitting liability or waiving any of his rights or defenses; That he is open to any reasonable proposal for amicable settlement from Denise B. Manuel or referral of the case to alternative modes of dispute resolution, including mediation and/or judicial dispute resolution;

1.2

SUMMARY OF ADMITTED AND UNDISPUTED FACTS 2.1 2.2 That respondent is presently residing at Banale, Pagadian City; That on September 2008, the respondent and petitioner attended a wedding and became sweethearts;

2.3

That they lived together, without the benefit of marriage, at the residence of the respondent; That since the petitioner left the house of the respondent, they had no more communication when respondent went abroad;

2.4

Proposed Stipulation of Facts with Request of Admission

3.1 That respondent and petitioner never had sexual intercourse before January 2009 which led to her two (2) months pregnancy; That respondent went aboard on October 25, 2008 and came back February 1, 2009; That respondent and petitioner had no communication of whatsoever nature until the filing of the petition; That respondent is not the father of minor Diana B. Flores; That the birth certificate of minor Diana B. Flores was unambiguously simulated for it indicates an apparent discrepancy showing that the date of its issuance June 30, 2013 occurred first before the date of registration August 25, 2013. And the same was unsigned by the civil registrar, therefore sham and inadmissible; That the affidavit of Lady Gaga O. Gago, the petitioners lone witness, was unsigned hence holds no ground and must be stricken outrightly from the record of this case; That the petition was unsigned by her counsel and the same must be considered as a mere scrap of paper worthy of immediate dismissal.

3.2

3.3

3.4 3.5

3.6

3.7

STATEMENT OF FACTUAL AND LEGAL ISSUE

4.1 Whether or not respondent is the biological father of the minor child of the petitioner. Whether or not the Birth Certificate of minor Diana B. Flores authentic. Whether or not the witness affidavit is admissible despite being unsigned. Whether or not the petition be given due course being unsigned by her counsel.

4.2 4.3 4.4

DOCUMENTARY EVIDENCE 5.1

Exhibit A A machine copy of the tickets or boarding passes purchased by respondent indicating the departure and arrival on October 25, 2008 and February 01, 2009. Exhibit B A machine copy of the stamps indicating the departure and arrival of the respondent dated October 25, 2008 and February 01, 2009. Exhibit C A machine copy of the DNA Paternity Test Report conducted to substantiate the exclusion of herein respondent from being the father of the minor Diana B. Manuel.

5.2

5.3

WITNESS AND ABSTRACT OF TESTIMONIES

6.1 Respondent to testify on the materials allegations, affirmative allegations, and special and affirmative defenses and the denials in Answer and Counterclaims and to testify on the damages caused to him by the filing of this action; Vince Miller, Ph.D. (Vice President and Chief Technical Officer) to corroborate the testimony of the respondent and prove the admissibility of the DNA Paternity Test Report;

6.2

Respondent will need at least thirty (30) minutes per witness, exclusive of crossexamination, rebuttal and sur-rebuttal evidence.

Reservation
Respondent expressly reserves the right to present such additional witnesses and other exhibits and evidence as the exigencies of the trial may require. Respectfully submitted. July 27, 2013, Pagadian City, Philippines.
ATTY. DAVE L. CANUMHAY Notary Public MCLE Compliance No.: 1234 Commission Expires On: Dec. 2016 PTR No.: 12345 Doc. No.: 14 Page No.: 15 Book No.: 4 Series of 2013

CERTIFICATION OF SERVICE This is to certify that a copy of the forgoing Pre-trial Brief of the Respondent has been furnished to Atty. Don Andres M. Bersales, counsel for the Petitioner by personal delivery.

Atty. Dave L. Canumhay

Copy Received by: Atty. Don Andres M. Bersales Counsel for the Petitioner Pagadian City Date received: ____________________