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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF BATANGAS FOURTH JUDICIAL REGION BRANCH "#, LIPA CITY IN THE

MATTER OF CANCELLATION OF THE CERTIFICATE OF LIVE BIRTH OF ALEJO R. LANDICHO, JR. IN THE CIVIL REGISTRY OF LIPA CITY SPOUSES ALLAN LANDICHO, -versusALEJO R. LANDICHO, JR., ANGIE R. LANDICHO a ! THE LOCAL CIVIL REGISTRAR OF LIPA CITY, BATANGAS, Respondents. $-------------------------------------------------$ AND ANITA SP N&. '''''''''''''' FOR( CANCELLATION OF CERTIFICATE OF LIVE BIRTH N&. )**#-+,-

Petitioners,

PRE-TRIAL BRIEF
Petitioners, thru counsel, and unto this Honorable Court, respectfully submit their Pre-Trial Brief, as follows: I. %ILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1 Petitioners are not open to settle the dispute amicably mainly because the purpose of the proceeding is to establish real the status of le!o ". #andicho, $r. II. BRIEF STATEMENT OF CLAIMS AND DEFENSES %%.1 Petitioners claim that le!o ". #andicho, $r. is not the biological son of &pouses lan #andicho, &r. and nita #andicho which is denied by the pri'ate respondents

claiming that child. %%.(

le!o #andicho, $r. is their own biological

The certificate of li'e birth of le!o ". #andicho, $r. is a product of simulation there being no proof that indeed ngie ga'e birth to a child as alleged in the certificate. The claim is negated by saying that le!o is their biological son, but in truth and in fact he is not. &ometime in *ebruary (++,, the couple was seen by their neighbors with a baby boy in tow whom they called le!o $r. The neighbors were shoc-ed seeing them with a child since they ha'e not seen ngie being pregnant in the period between the year (+++ and (++,. .n /ecember 0, (+1+, e'erybody in the neighborhood was in'ited to attend the 1th birthday of le!o $r. The said birthday celebration was attended by the relati'es and friends of the le!o &r. and ngie. ccordingly, in order for the crime of simulation of birth to e3ist, it must be shown that the pretending parents ha'e already registered or that they caused the registration of the child as their own with the Ci'il "egistry or that in doing so they were moti'ated by a desire to cause the loss of any trace to the child4s true filiation and to the latter4s pre!udice. %t is e'ident from the aforementioned set of facts that le!o &r. and ngie simulated the birth of le!o $r. ngie was ne'er seen pregnant by their neighbors from the time she married the deceased le!o &r. in (+++ and until (++, when the couple was seen in possession of le!o $r. /6 testing of samples to be ta-en from the parties will pro'e that le!o, $r. is not a biological child of the spouses. The certificate of li'e birth of le!o, $r. with "egistry 6o. (++)-,25 must be cancelled in order to establish his true identity.

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III.

FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES ).1 Parties admit that legally married. le!o #andicho, &r. and ngie are

).( Parties admit the e3istence of a child named le!o #andicho, $r. who is registered with the ci'il registry as a legitimate child of le!o #andicho, &r. and ngie #andicho. ).) Parties admit the e3istence and record of the Certificate of #i'e Birth of le!o, $r. under "egistry 6o. (++)-,25 with the Ci'il "egistry of #ipa City IV. ISSUES TO BE TRIED ,.1 7hether or not le!o, $r. is a biological son

,.( 7hether or not the sub!ect Certificate of #i'e Birth is a product of simulation ,.) 7hether or not an order for /6 must issue V. EVIDENCE 2.1 Certified True Copy of the Certificate of #i'e Birth of le!o, $r. bearing the simulated entries. 2.( Baptismal Certificate of le!o $r. stating therein that he is the son of le!o #andicho &r. and ngie #andicho 2.) Certificate of the .bstetrician-8ynecologist of ngie #andicho pro'ing her medical condition which ma-es her unable to gi'e birth. 2., Pictures of ngie on 6o'ember 5, (++) to pro'e that she was not pregnant that time ma-ing it impossible for her to gi'e birth to a child on /ecember 0, (++) 2.2 Testimony of Petitioners to pro'e that ngie is barren testing of the parties

2.5 Testimony of /r. 9atherine &ongco, the .B-8yne of ngie #andicho to pro'e that ngie is medically incapable of bearing a child 2.1 Testimony of "owena ndal, laundrywoman of ngie from 1::0 up to the present to pro'e that ngie ne'er became pregnant from (+++ - (++, 2.0 Testimony of #eticia l'are;, ne3t door neighbor of le!o #andicho &r. and ngie #andicho since (+++ up to the present to pro'e that ngie ne'er became pregnant from (+++ (++, 2.: The /6 e'idence to pro'e that le!o, $r. is not a biological son of spouses le!o, &r. and ngie

VI.

AVAILABLE TRIAL DATES The a'ailable trial dates of the petitioners4 counsel are $anuary (0, (+1,, *ebruary ,, (+1, and *ebruary 11, (+1,.

"espectfully submitted. #ipa City, Batangas. $anuary (1, (+1,.

ABCD LA% FIRM (nd *loor, <=# Business Center, $P #aurel Highway, #ipa City, Batangas By:

.RISANDRA ANN D. MALALUAN "oll 6o. 5:02, PT" 6o. :)0,52 > +1-+1-1, %BP #ifetime 6o. :()0,1 <C#? Comp. %= @ :0,2( ugust 12, (+1)