This document is a pre-trial brief submitted by petitioner Ronald Castro's attorney in a case to impugn the legitimacy of Ma. Sofia Louis Mercado Castro. The petitioner claims he was working in Canada from 2010 to 2021 and could not have fathered Sofia. He only learned of Sofia's birth certificate on July 15, 2022. The brief outlines admitted facts, issues to be tried, intended witnesses and their testimonies, and evidence to be presented. The petitioner seeks to cancel Sofia's birth certificate and have a new one issued removing him as the father.
This document is a pre-trial brief submitted by petitioner Ronald Castro's attorney in a case to impugn the legitimacy of Ma. Sofia Louis Mercado Castro. The petitioner claims he was working in Canada from 2010 to 2021 and could not have fathered Sofia. He only learned of Sofia's birth certificate on July 15, 2022. The brief outlines admitted facts, issues to be tried, intended witnesses and their testimonies, and evidence to be presented. The petitioner seeks to cancel Sofia's birth certificate and have a new one issued removing him as the father.
This document is a pre-trial brief submitted by petitioner Ronald Castro's attorney in a case to impugn the legitimacy of Ma. Sofia Louis Mercado Castro. The petitioner claims he was working in Canada from 2010 to 2021 and could not have fathered Sofia. He only learned of Sofia's birth certificate on July 15, 2022. The brief outlines admitted facts, issues to be tried, intended witnesses and their testimonies, and evidence to be presented. The petitioner seeks to cancel Sofia's birth certificate and have a new one issued removing him as the father.
This document is a pre-trial brief submitted by petitioner Ronald Castro's attorney in a case to impugn the legitimacy of Ma. Sofia Louis Mercado Castro. The petitioner claims he was working in Canada from 2010 to 2021 and could not have fathered Sofia. He only learned of Sofia's birth certificate on July 15, 2022. The brief outlines admitted facts, issues to be tried, intended witnesses and their testimonies, and evidence to be presented. The petitioner seeks to cancel Sofia's birth certificate and have a new one issued removing him as the father.
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Republic of the Philippines
Fourth Judicial Region
REGIONAL TRIAL COURT Branch 8 CALAMBA CITY, LAGUNA
RE: PETITION TO IMPUGN
THE IMPUGN LEGITIMACY OF MA. SOFIA LOUIS MERCADO SP NO. 1828-22-C CASTRO RONALD CASTRO Represented by his Attorney- in-fact MYRNA LERPIDO, Petitioner, -for- -versus-
MA. CECILIA M. CASTRO, FILIATION CASE
LOCAL CIVIL REGISTRAR OF CALAMBA CITY, LAGUNA. Respondent. x---------------------------------------x
PRE-TRIAL BRIEF Petitioner, through the undersigned counsel and unto this Honorable Court, respectfully avers that:
I. CONCISE STATEMENT OF THE CASE AND RELIEF
PRAYED FOR
I.1 This case is a petition to impugn the legitimacy of Ma. Sofia Louis Mercado Castro as the legitimate daughter of Ronald Castro. Petitioner prays to this Honorable Court that the Local Civil Registry to cancel Registry No. 2013 08748 and issue a New Birth Certificate.
II. FACTS, CLAIMS AND DEFENSES
Summary of Admitted Facts
II.1 Petitioner and Respondent got married on June 15, 2007 at Regional Trial Court Branch 37, Calamba City, Laguna;
II.2 On June 20, 2007, Petitioner went to Canada as an Overseas
Filipino Worker (OFW). Petitioner made clear to Respondent that Page 2 of 6
he wants to be a Canadian Citizen so that they can migrate to
Canada and start a new life;
II.3 On February 28, 2010, Petitioner went back to the Philippines in
order to have a church wedding with Respondent. On April 15, 2010, petitioner went back to Canada in order to comply with the Citizenship requirement of the Canadian Government;
II.4 On the same year, respondent gave birth to their legitimate child while petitioner is in Canada but Petitioner did not witness such event;
II.5 On August 26, 2014, Petitioner became a Canadian Citizen;
II.6 From 2010 until 2022, Petitioner constantly gave support to his family. He has constant communication with her daughter and respondent thru video calls or chats;
II.7 On June 17, 2022, Petitioner returned to the Philippines but did not informed Respondent; II.8 Upon arrival, petitioner went straight to their house from the airport. When petitioner arrived in their house, he noticed that another child is living in their home but respondent told him that it was her niece; II.9 Petitioner asked Respondent to return the alleged niece to her parents but the latter refused to return. Such refusal on the part of the respondent sparked arguments and fights which lead to the petitioner leaving their conjugal dwelling; II.10 Petitioner talked to his brother Roderick Castro regarding the situation of his family. Petitioner also told his brother that a certain child is living in their home. Roderick told petitioner that he is doubtful regarding the alleged status of the child being niece of Respondent; II.11 Roderick Castro made an investigation thru social media about the identity of the child. He found out that the name of the child is Ma. Sofia Louis Castro;
II.12 On July 8, 2022, Roderick Castro requested thru Philippine
Statistics Authority (PSA) the Certificate of Live Birth of Ma. Sofia Louis Castro;
II.13 On July 15, 2022, Roderick Castro received the Certificate of
Live Birth coming from the Philippine Statistics Authority (PSA) Page 3 of 6
confirming that respondent is the mother of Ma. Sofia Castro and
Petitioner is the alleged putative father.
III. ISSUES TO BE TRIED
III.1Whether or not petitioner has a cause of action against the
respondent.
III.2Whether or not petitioner is the legitimate father of Ma. Sofia
Castro.
III.3Whether or not respondent is liable for damages.
IV. AVAILMENT OF MODES OF DISCOVERY
IV.1 Petitioner would like to avail of Deposition pending action.
V. POINTS OF LAW AND CITATION OF AUTHORITIES
V.1 Jurisprudence on Paternity and Filiation
V.2 Civil Code of the Philippines V.3 Family Code of the Philippines V.4 2019 Amendments to the 1997 Rules of Civil Procedure
VI. WITNESS
Name of Witness Summary of Intended Testimony
Horacio Castro Witness shall testify that he did not knew of certain Ma. Sofia Castro/ He only discovered or knew of the Birth Certificate of Ma. Sofia Castro on July 15, 2022 Roderick Castro Witness shall testify that he did not knew of certain Ma. Sofia Castro/ He only discovered or knew of the Birth Certificate of Ma. Sofia Castro on July 15, 2022/ He requested towards the PSA regarding the Birth Certificate of Page 4 of 6
Ma. Sofia Castro.
Myrna Lerpido Witness shall testify that he did not knew of certain Ma. Sofia Castro as daughter of Petitioner/ She only discovered or knew of the Birth Certificate of Ma. Sofia Castro on July 15, 2022 Ronald Castro Petitioner shall testify that he is married to Respondent/ That from 2010 until 2021, he is in Canada as an OFW and as Citizen/ Physically Impossibility to have sexual intercourse and He only discovered or knew of the Birth Certificate of Ma. Sofia Castro on July 15, 2022.
The Petitioner reserves the right to present additional witnesses during the course of the proceedings upon meritorious reasons.
VII. EVIDENCE
Exhibit Documentary/Object Evidence
A Photocopy of the Canadian Passport of Ronald Castro B Special Power of Attorney and Certificate of Acknowledgment from Consulate General of the Republic Of The Philippines Vancouver. C Marriage Certificate D Passport with Stamp (June 2007) E Passport with Stamp (February 2010) F Certificate of Canadian Citizenship G Certificate of Live Birth of Ma. Sophia Louise Castro Page 5 of 6
H Judicial Affidavit of Horacio Castro
I Judicial Affidavit of Roderick Castro J Judicial Affidavit of Myrna Lerpido
The Petitioner reserves the right to present additional evidence during
the course of the proceeding upon meritorious reasons.
PRAYER
WHEREFORE, premises considered, petitioner respectfully prays to
the Honorable Court that the foregoing Pre-Trial Brief be duly noted.
Other reliefs and equitable under the premises are likewise prayed for.
Respectfully submitted, 2 December 2022.
Biñan City, Laguna for Calamba City, Laguna.
ROLAN JEFF A. LANCION
Blk. 6, Lot 1, Lagrimas St., Ireneville IV Subdivision, Brgy. San Francisco, Biñan City, Laguna Roll No. 77313 PTR No. 1736382/ 05.12.2022/ Biñan City, Laguna IBP No. 207881/ 05.10.2022/ Laguna MCLE EXEMPTED (Admitted to the Bar in 2022) E-mail Address: [email protected]
Copy Furnished:
MA. CECILIA CASTRO
Blk 14, Lot 10, Garden Homes Subdivision, San Cristobal, Calamba City, Laguna
BRANCH CLERK OF COURT
RTC Branch 8, Calamba City, Laguna
EXPLANATION Page 6 of 6
In compliance with Section 11, Rule 13 of the Rules of Court,
undersigned counsel respectfully manifest that filing and services of the Pre-Trial Brief was made through registered mail for lack of office personnel to effect personal service.
