REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF MANILA JUDICIAL REGION QUEZON CITY Branch 364 CHRISTOPHER MARTIN

ONTOG, Plaintiff, -VersusDetainer KIMMY LIONG, Defendant. x--------------------------------------------------------------x Civil case No. 12345 For : Unlawful

DEFENDANTS PRE-TRIAL BRIEF

DEFENDANT, by counsel and to this Honorable Court, respectfully submits this Pre-Trial Brief in compliance with the trial courts order. I Defendant is willing to enter into an amicable settlement of the case, under term and condition agreeable to both parties and submit to alternative modes of dispute resolution; II Defendant admits the following: A. Paragraph 1 of the complaint.

B. The facts stated in his Answer, i.e. his personal circumstances. C. The lease covering the period of February 1, 1991 to February 1, 2001 is a ten year lease with the previous owners Ms. Tina and Rhoda Mainit at a monthly rate of P15,000.00. III Issues to be resolved are the following: A. Whether or not the plaintiff has cause of action. B. Whether or not the plaintiff is the real party in interest. C. Whether or not the plaintiff fails to comply with Sec. 4129(a), local Government Code on Baranggay conciliation and Sec 18 and 19, 1991 Revised Rule on Summary Procedure, in relation to sec. 12 and 13 Rule 70, Rules of Court. D. Whether or not the plaintiff fails to show proof that the defendant actually received a demand letter to vacate the subject property E. Whether or not the plaintiff fails to give three (3) months notice in advance prior to the filing of the case in violation of Sec. 9(e), R.A. No. 9653. F. Whether or not the complaint was filed to harass the defendant. III The Defendant intends to present the following Documentary evidence: A. Certification to file action issued by the Lupong Tagapamayapa (Annex C , Complaint) B. Demand letter (Annex F, Complaint) C. TCT NO. RT-75849 issued by the Register Of Deeds of Manila D. Contract of lease (Annex A, Complaint) E. Receipts of monthly lease (Annex I, Answer) F. Contract of Renovation (Annex II, Answer) IV

Defendants reserve the right to present additional documentary evidence and witnesses in the course of the proceedings.

Respectfully submitted. Manila City, January __, 2011

Juana Dela Cruz Attorney for the Plaintiff Dela Cruz Law Offices 2nd Floor, Happy Plaza, Shaw Blvd. Mandaluyong City Roll No. 188553 P.T.R. No. 7654321 / Manila /January 12, 2013 IBP No. 654321/ Manila / January 22, 2013 MCLE Compliance I: 654321 MCLE Compliance II: 123456

COPY FURNISHED : ATTY. ________________ Counsel for the Plaintiff