Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

8th Judicial Region
Maasin City, Southern Leyte
-o0oSPS. ANASTACIO &
FRISCA SUMABAT
Plaintiffs

Civil Case No. R-2690

FOR:
D A M A G E S

- versus CANDIDO SUMABAT JR., REYNOLD

SUMABAT and SALVACION IMAI,
Defendants.
X - - - - - - - - - - - - - X

DEFENDANTS PRE-TRIAL BRIEF

COME

NOW,

entitled

defendants

case,

Honorable

Court

in

through

compliance

most

counsel

with

respectfully

the

in

the

order

submit

above-

of

the

this
herein

defendants pre-trial brief and hereby postulates:

A. BRIEF STATEMENT OF THEIR DEFENSE:

This
against

is

an

action

defendants

upon

for
an

damages

filed

injury

to

by
the

plaintiffs
rights

of

plaintiffs. The prayer in complaint ask for Php100,000.00

for moral damages and another Php100,000.00 for exemplary
damages. Defendants defense is that plaintiffs action has
prescribed pursuant to Article 1146 of the New Civil Code
which states an action upon an injury to the rights of
plaintiffs

shall

be

instituted

within

Four

(4)

years.

Unfortunately, plaintiffs right of action commenced from the

time the property was issued a sheriffs Certificate of Sale
in favor of Development Bank of the Philippines dated March
9,

1990.

Hence,

the

period

of

prescription

has

set

in

irretrievably.

B.

STATEMENT OF THEIR WILLINGNESS TO ENTER

AMICABLE SETTLEMENT OR FOR ARBITRATION
Defendants

are

willing

to

enter

into

INTO AN

an amicable

DEFENDANTS PRE-TRIAL BRIEF

Page 2

settlement with plaintiffs under such terms and conditions

that are fair, equitable and reasonable under the prevailing
circumstances.

C.

are

STIPULATION OF FACTS:
1.

That defendants Salvacion Imai and Reynold Sumabat

the

children

of

Candido

Sumabat

Jr.

and

Trinidad

Roderos.
2.

That defendants Candido Sumabat Jr. admitted to

have entered a mortgage jointly with his parents Candido

Sumabat

Sr.

and

Isabel

Tolibas

an

Agri-loan

with

the

Development Bank of the Philippines (DBP) Maasin Branch.

3.

That the joint venture of an Agri-loan business

suffered financial loses.

4.

That the property offered as collateral for a loan

was Lot No. 1557 covered by Original Certificate of Title

No. 10285 in the name of Candido Sumabat Sr. issued on May
23, 1974.
5.

That

the

property

was

foreclosed

by

the

Development Bank of the Philippines (DBP) and had become its

acquired asset.

D. THE ISSUES TO BE TRIED OR RESOLVE:

1.

Whether

defendants

Salvacion

Imai

and

Reynold

Sumabat are under obligation to pay the loan which resulted

in a financial loss.
2.

Whether the possession of the plaintiffs over the

property is by tolerance or in the concept of an owner.

E. THE DOCUMENTS TO BE PRESENTED:

a.

OCT No. 10285.

DEFENDANTS PRE-TRIAL BRIEF

Page 3

b. Real

Estate

Mortgage

dated

January

29,

1979.
c. Transfer Certificate of Title No. T-8694.
d. Defendants reserved other exhibits as the
need may arise during the hearing of the
case.

F.

MANIFESTATION OF NON AVAILMENT TO ANY DISCOVERY

PROCEDURE:
Defendants

respectfully

manifest

no

necessity

of

availing any modes of discovery procedure.

G.

NUMBERS OF WITNESSES:
Defendants

have

Four

(4)

witnesses

who

will

substantiate and controvert the allegation in the complaint.

H.

LAWS AND JURISPRUDENCE:

1.

The Law on Damages.

2.

Pertinent provision of the New Civil Code.

I.

AVAILABLE TRIAL DATES:

Anytime as the parties may agree in consultation wit

the calendar of the Court during the pre-trial conference.

Maasin City

January 15, 2010

TOBIAS M. AGUILAR
Counsel for Petitioners
PTR No. 2787230; 01/11/10
IBP No. 722158; 01/07/09
MCLE COMPLIANCE NO. I- 0016794
II-0016730, III-0002340
DATE ISSUED FEB. 17, 2009
Roll No. 27845
Maasin City

DEFENDANTS PRE-TRIAL BRIEF

Page 4

Copy furnished :
ATTY. ERWIN A. PEDROSA
Counsel for Plaintiffs
Public Attorneys Office
Bulwagan ng Katarungan
Maasin City
By: personal delivery . . .