Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Saint Louis University College of Law
Moot Court
EVONA MONTOYI- FONDA
In her capacity as Attorney in-Fact of
the heirs of the late Sps. Alipio and
Alejandra Montoyi, namely: ELVIRA
AND ELVIRO MONTOYI,
Plaintiffs,
- versus
SPS. CRISTINA COSTALES and
SYLVERIO COSTALES,
Defendants.
x--------------------------------------x

Criminal Case No. 002-A-08

FOR
RECOVERY OF POSSESSION of
UNREGISTERED LAND W/
APPLICATION for TRO AND
PROHIBITORY INJUNCTION

MINUTES OF PRELIMINARY CONFERENCE

Held: January 24, 2009
Moot Court, Saint Louis University
Hon. FERNANDO P. CABATO
Presiding Judge
Appearances:
Plaintiffs:
Evona Montoyi- Fonda
Assisted by:
Anaas, Frank
Gawe, Jeremiah
Toyokan, Simon Jr.

Defendants:
Spouses Cristina Costale and
Sylverio Costales
Assisted by:
Dangli, Florimae
Santiago, Evangeline
Urbano, Mary Grace

PROPOSED ADMISSIONS AND STIPULATIONS:

Plaintiffs sought admission of the following facts by the Defendants:
1. Plaintiffs predecessors in interest are the lawful heirs of the late spouses Alipio
and Alejandro Montoyi, namely: Elvira and Elviro Montoyi who are real owners
of a parcel of unregistered ladn located at Irisan, Baguio City, particularly
described in the attachments of the complaint.
2. The same parcel of land has been declared for taxation purposes by the plaintiffs
and taxes due thereon were duly paid up to the present.
3. Way back in the early 1980s up to the filing of the instant case, the plaintiffs were
in continuous possession of the said parcel of land.

4. Based on the Survey conducted by Henry Peralta, the defendants dwelling and
other improvements were all within the lot owned by herein plaintiffs.
Defendants sought admission of the following fact by the Plaintiffs:
1. That on October 25, 1980,herein Defendant Sylverio Costasles sold the spouses
Alipion and Alejandra Montoyi a 1000 square-meter parcel of unregistered land
adjacent to that of the defendants.

MARKING OF DOCUMENTARY EVIDENCE:

For Plaintiffs:
EXHIBITS DOCUMENTS
A
Special Power of Attorney executed by Montoyi Siblings
In favor of Evona Montoyi- Fonda
B
Affidavit of Henry Peralta
C
Survey Plan
D
Demand Letter issued to Souses Costales
For Defendants:
EXHIBITS DOCUMENTS
1
Affidavit of Engr. Clemente Marcha Sr.
2
3
3-A
4
4-A

Deed of Sale of rights over unregistered land executed by

Sylverio Costales in favor of spouses Alipio and Alejandra
Montoyi
Survey plan of the 3,000 square meters
Real Property Tax Declaration
Subdivision Survey Plan
Tax Declaration over subdivided lots

REMARKS
Not admitted
Not Admitted
Not Admitted
Not Admitted

REMARKS
Not
Admitted
Not
Admitted
Not
Admitted
Not
Admitted
Not
Admitted
Not
Admitted

TRIAL DATES AND NUMBER OF WITNESSES:

Number of Witnesses
Trial Dates

Plaintiffs
4 witnesses
4 trial dates pursuant to
moot court calendar
schedule

Clerks of Court :

Mendoza, Bernadette
Tauli, Jhoanielou

Court Stenographer:

Gupaal, Brenda

Defendants
3 witnesses
5 trial dates pursuant to
moot court calendar
schedule