REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 19
DIGOS CITY

MARGIE FLORES LOPEZ

PETITIONER

-versus- CIVIL CASE NO. 76-76214

For: Declaration of Nullity
of Marriage under Article 55
JOSEPH MONTES LOPEZ of the Family Code of the
RESPONDENT Philippines
X---------------------------x

PRE-TRIAL BRIEF

PETITIONER by the undersigned counsel and unto this

Honorable Court most respectfully states:

I.
POSSIBILITY OF AMICABLE SETTLEMENT OR
ALTERNATIVE MODES OF DISPUTE RELATION

The Petitioner is not willing to consider any amicable

settlement or undergo any alternative mode of dispute
relation with respect to the primary prayer of this petition.
Nevertheless, Petitioner is open to the possibility of amicable
settlement in relation to the partition and accounting of the
conjugal properties and assets of her union with the
Respondent.

II.
PROPOSED STIPULATION OF FACTS

The Petitioner proposes the following stipulation of facts:

1. Petitioner met the Respondent sometime in 1995 at New

Forth Office, Davao City where the Petitioner worked as a
Sales Agent and Respondent as the Division Supervisor of
the aforementioned company.
2. Sometime in 1997, Respondent relentlessly wooed the
Petitioner by taking her to various romantic dates and
showering her with frequent gifts and flowers.

3. During the courtship, the Respondent would often talk

about various political events and was very updated with
several governmental developments. Petitioner was usually
fond of such conversations as these provided them means to
express their idealism when in comes to politics.

4. Petitioner eventually committed to a relationship with

Respondent after one (1) year of courtship on March 2,
1998.

5. The relationship continued for one year until the Petitioner

was impregnated by the Respondent which led to their
agreement to enter into marriage on June 3, 1999 at Mary
Mother Cathedral, Digos City before a certain Rev. Maximino
Castro, as evidenced by their Certificate of Marriage, herein
referred to as “Annex A”. The Wedding Ceremony and
Reception at Hotel De Crissanel was attended by both
parties’ friends and family.

6. After the marriage ceremony, the spouses returned to

their newly bought conjugal home at Bataan St., Digos City.
After a few months, Petitioner also delivered their only child,
Samantha Flores Lopez.

7. After five (5) years of working with the company,

Respondent resigned from New Forth Office, Davao City and
transferred to another work as Legal Aide for Atty. Leila De
Kwatro under the De Kwatro law Firm sometime in the year
2000.

8. Petitioner initially did not agree with the decision of the

Respondent to give up his position in New Forth Office
considering that it was providing them better stability to
provide for their needs. Respondent however argued that
the position under the Firm brings him happiness and joy in
serving under a politically-inclined workplace.

9. Petitioner nonetheless agreed eventually and continued to

work in New Forth. She continued to work hard and was
thereafter promoted sometime in 2005 as the new General
Manager of New Forth Office.

10. The Respondent continued to work as a Legal aide under

Atty. Leila De Kwatro even after the latter was appointed as
the new Chairman of the Commission on Human Rights in
the year 2008 and as the Secretary of the Philippine
Department of Justice (DOJ) in 2010.

11. Sometime in 2014, Petitioner and Respondent entered

into an argument after Petitioner suggested to the
Respondent that the latter might consider transferring work
back to New Forth Office because working under the DOJ
was taking much of his time and that his daughter is always
looking for him. It turned into a heated argument and
Respondent attempted to punch the Petitioner if the latter
had not shouted at the attempt.

12. In December 2015, Petitioner expressed her extreme

delight after watching from the television that her favorite
candidate, Atty. Rodrigo Dubaynte finally decided to run for
presidency.

13. Respondent witnessed the actuation made by the

Petitioner and immediately slapped her in the head calling
her “idiot” for idolizing Dubaynte and continued that she
should be voting for Presidential candidate Mar Quezon since
he was the candidate of the Liberated Party, the same party
where his boss, Atty. De Kwatro was also one of its
Senatorial Candidate.

14. The turmoil continued for weeks and most often,

Respondent continued to put pressure over the Petitioner,
forcing the latter to vote for the aforementioned political
line-up. The Respondent would oftentimes deprive the
Petitioner from his salary as an additional payment for their
expenses reasoning that he will not give her his salary
unless she changes her mind and vote for the candidates of
the Liberated Party.

15. The Petitioner continued to make her stand and

contended that she should not be politically-pressured in
order for her to be provided with the needs of their family.
The Respondent would often not take the response lightly
and they eventually result in arguments and infliction of
physical pain over the Petitioner.

16. One week before the May 2016 elections, the

Respondent who was known to have come from a political
rally of the Liberated Party somewhere in Manila, entered
into their house appearing to be drunk and walking in a
swaying manner directly towards the Petitioner, and
immediately cupped her chin vigorously and told her that if
she will not vote for the candidates of the Liberated Party
especially Presidential Candidate Quezon and Atty. De
Kwatro, he will be forced to kill her and their child because
he was very dedicated to his bosses and would support them
all the way.

17. Fearing that the situation might lead to something

unlawful, the Petitioner immediately packed her bags and
brought with her their child, Samantha Lopez and headed
towards the house of her parents at Davao City.

18. The Petitioner filed a report with the Digos City Police
Headquarters the next day, herein referred to as “Annex B”.

19. As Petitioner could no longer bear the emotional and

psychological stress brought by the Respondent’s mentality,
behavior and imposition of pressure for her to change
political affiliation, she decided to permanently leave their
conjugal home along with her daughter and stay at her
parent’s conjugal home.

III.
ISSUES TO BE TRIED AND RESOLVED

The Petitioner proposes the following issues to be tried and

resolved by this Honorable Court:

1. Whether or not the Respondent has failed to comply with

the essential marital obligations stated in Article 68 of the
Family Code.

2. If the Respondent failed to comply with the essential

marital obligations stated in Article 68 of the Family Code,
whether or not such failure was due to a violation of Section
2, Article 55 of the Family Code.

IV.
DOCUMENTS TO BE PRESENTED

1. Marriage Certificate between Margie Flores Lopez and

Joseph Montes Lopez made in June 3, 1999.

2. Certificate of Employment of Margie Flores Lopez from

New Forth Office.
3. Certificate of Employment of Margie Flores Lopez from
New Forth Office, De Kwatro Law Firm, Commission on
Human Rights and Philippine Department of Justice.

4. Police Report from Digos City Police Headquarters.

V. WITNESSES TO BE PRESENTED

The Petitioner will present the following witnesses:

1. Margie Flores Lopes as to the truthfulness of her

allegtions in the petition, particularly the breakdown of her
union with Joseph Montes Lopez.

2. Margarina Flores Lopez, mother of Petitioner, will testify

as to the events that transpired after the May 2016 incident
and with the treatment of the Respondent towards the
Petitioner.

3. Other witnesses as may be determined to be relevant to

the case during the course of the trial.

VI.

The Petitioner respectfully requests that the trial dates to be

agreed upon in open court at such dates and time
convenient to the parties and the calendar of this Honorable
Court.

WHEREFORE,, premises considered, it is respectfully praed

unto this Honorable Court that the foregoing Pre-Trial’s Brief
be duly noted.

Digos City, October 6, 2016.

ATTY. MICHEL LOUISE BAJO- GUTIERREZ

Counsel for Petitioner
Santo Tomas Street, Digos City
Notary Public until December 31, 2016
Roll No. 97888
PTR No. 3425288/ February 3, 2016/Dvao City
IBP NO. 778867; February 22, 2016; Davao City

Copy Furnished:
Relucano Law Firm
Counsel for Respondent
Agdao Street, Digos City
Contact no. 09096357711

SUBSCRIBED AND SWORN to before me on this 6th day of

October, 2016 at Digos City, affiant exhibiting to me her
own Professional Regulatory Commission License no.
8236963 which will expire on December 12, 2017.

Atty. Michel Louise Bajo-Guierrez

Notary Public
Digos City

Doc No. 76
Page No. 1
Book No. X
Series of 2016

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
BRANCH 19
 DIGOS CITY

MARGIE FLORES LOPEZ

PETITIONER

-versus- CIVIL CASE NO. 76-76214

For: Declaration of Nullity
of Marriage under Article 55
JOSEPH MONTES LOPEZ of the Family Code of the
RESPONDENT Philippines
X---------------------------x

PRE-TRIAL BRIEF

RESPONDENT by the undersigned counsel and unto this

Honorable Court most respectfully states:

I.
BRIEF STATTEMENT OF CLAIMS AND DEFENSES

1. Petitioner seeks too annul the marriage under Article 55

of the Family Code on the ground that Respondent continues
to impose physical violence and moral pressure to change
her political affiliations.

2. Respondent denies the allegations that he was

continuously inflicting physical violence over the Petitioner
after contradictions with political beliefs.

3. That the Petition for the the Declaration of the Nullity of

MMarriiage does not specify the regime governing the
property relations of the spouses, as well as the properties
involved, in violation of the requirements of the Rule on
Declaration of Absolute Nullity of Marriages.

II.
WILLINGNESS TO ENTER INTO AN AMCABLLE
SETTLEMENT AND POSSBLE TERMMS OF ANY SUCH
SETTLEMENT

A. Subject to a concrete proposal that is fair and reasonable

and a reciprocal manifestation of openess from Petitioner.
Respondent is open to amicably settle the dispute.

B. Respondent respectfully submits that the desired terms of

any amicable settlement would involve the Petition for lack
of merit.

III.
FACTS AND OTHER MATTERS ADMITTED BY THE
PARTIES

1. Petitioner and Respondent met in the New Forth office

sometime in 1995.

2. Petitioner and Respondent entered into marriage on June

3, 1999.

3. Respondent transferred work as a Legal Aide of Atty. Leila

De Kwatro from 2000 until the present.

4. He did not impose any political pressure nor any physical

and moral violence upon the Petitioner to force the latter in
any way to change her political affiliations.

5. The Respondent and Petitioner had a misunderstanding

with regards to the work schedule of the former which was
brought about by the hectic schedule of the campaign.

The misunderstanding between both parties was only

temporary and was only brought about due to the pressure
of the campaign.

III.
ISSUES TO BE TRIED AND RESOLVED

The Respondent proposes the following issues to be tried

and resolved by this Honorable Court:

1. Whether or not the Respondent has failed to comply with

the essential marital obligations stated in Article 68 of the
Family Code.

3. If the Respondent failed to comply with the essential

marital obligations stated in Article 68 of the Family Code,
whether or not such failure was due to a violation of Section
2, Article 55 of the Family Code.

IV.
 DOCUMENTS TO BE PRESENTED

1. Marriage Certificate between Margie Flores Lopez and

Joseph Montes Lopez made in June 3, 1999.

2. Certificate of Employment of Margie Flores Lopez from

New Forth Office.

3. Certificate of Employment of Margie Flores Lopez from

New Forth Office, De Kwatro Law Firm, Commission on
Human Rights and Philippine Department of Justice.

V. WITNESSES TO BE PRESENTED

The Petitioner will present the following witnesses:

1. Joseph Montes Lopez as to the truthfulness of his

allegtions in the petition, particularly the breakdown of his
union with Margie Flores Lopez.

2. Josefa Lopez, mother of Respondent, will testify as to the

scheme of the relationship between the spouses.

3. Other witnesses as may be determined to be relevant to

the case during the course of the trial.

VI.
AVAILABLE TRIAL DATES

The Petitioner respectfully requests that the trial dates to be

agreed upon in open court at such dates and time
convenient to the parties and the calendar of this Honorable
Court.

WHEREFORE,, premises considered, it is respectfully prayed

unto this Honorable Court that the foregoing Pre-Trial’s Brief
be duly noted.

Digos City, October 10, 2016.

ATTY. ABBIE MIKAELA RELUCANO

Counsel for Respondent
Agdao Street, Digos City
Notary Public until December 31, 2016
 Roll No. 97327
PTR No. 34221288/ February 3, 2016/Dvao City
IBP NO. 7788112; February 23, 2016; Davao City

SUBSCRIBED AND SWORN to before me on this 10th day of

October, 2016 at Digos City, affiant exhibiting to me his own
Professional Regulatory Commission License no. 82536963
which will expire on December 12, 2017.

Atty. Abbie Mikaela Relucano

Notary Public
Digos City

Doc No. 11
Page No. 1
Book No. XI
Series of 2016