REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11TH Judicial Region
Branch 18
Digos City, Davao del Sur

Heirs of FRANCISCO O. RUPENTA

and DOROTHY ARCILLAS RUPENTA
Represented by: DOROTHY RUPENTA III,
Plaintiffs,

Civil Case No. 5468

Versus For: INJUNCTION, DAMAGES,
& ATTORNEYS FEES

NATIVIDAD S. YMANA and

CRISTITA S. FEOLOG
Defendants.

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PRE-TRIAL BRIEF FOR DEFENDANTS

COMES NOW, the undersigned counsel unto this Honorable Court, most
respectfully submits the Defendants Pre-Trial Brief and further states:

I. POSSIBILITY OF AMICABLE SETTLEMENT

The Defendants are willing to enter into to any amicable settlement,
which is just and equitable.

II. PROPOSED STIPULATION OF FACTS

a. That Natividad S. Ymana and Cristita S. Feolog are the legal

heirs of Adela Y. Samar, the registered owner of the property
with a Transfer Certificate of Title (TCT) No. T-201428 containing
an area of Two Thousand Six Hundred Seventy Seven (2,677
sqm) square meters located in San Jose, Digos, Davao del Sur.

b. That on October 11, 2012, the Defendants adjudicated between

themselves the above-described property including the two other
properties with TCT nos. 20418 and 20420.

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 c. The Deed of Extrajudicial Settlement of Estate was registered
with the Registry of Deeds of Digos, Davao del Sur.

d. That the previous title TCT No. T-204718 was cancelled and a
new one was issued in the name of Natividad Samar Ymana
and Cristita Samar Feolog with a TCT No. T-144-2013001091.

e. That the plaintiffs currently occupy the 173 square meters of

land, which is a portion of the 2,677 square meters parcel of land
registered under the name of the Defendants with a TCT No T-
144-2013001091.

f. That the only proof of the alleged ownership of the Plaintiffs over
the above-mentioned property is an unsigned hand-written note
allegedly to be that of Adela Samar.

g. That the said note is claimed by the Plaintiffs to be an

acknowledgement receipt of the purchase price of the property
that is subject of this case covered by TCT No. T-144-
2013001091.

h. That TCT No T-204718 contained no annotation that a portion of

it was already alienated by way of Deed of Absolute Sale at the
time when the Defendants subjected the said property to a Deed
of Extrajudicial Settlement of the Estate.

i. That the Defendants did not know that the property of the
Plaintiffs encroached upon their 2,766 square meter parcel of
land before the Plaintiffs instituted this case.

j. That the Defendants have been paying the real property tax over
the property including the disputed area.

III. ISSUES

The issues to be resolved in this case are:

a. WHETHER OR NOT THERE IS A CAUSE OF ACTION FOR

INJUNCTION

b. WHETHER OR NOT NATIVIDAD S. YMANA AND CRISTITA S.

FEOLOG ARE THE RIGHTFUL OWNERS OF THE 173 SQUARE
METERS PARCEL OF LAND COVERED BY TCT NO. T-144-
2013001091

c. WHETHER OR NOT THE PLAINTIFFS SHOULD RECONVEY THE 173-

SQUARE METER PORTION OF THE PROPERTY TO THE DEFENDANT

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 d. WHETHER OR NOT THE PLAINTIFFS SHOULD BE EVICTED FROM
THE 173-SQUARE METER PORTION OF THE PROPERTY SUBJECT
OF THIS CASE

e. WHETHER OR NOT THE DEFENDANT IS ENTITLED TO THE

MONTHLY RENTALS OVER THE 173-SQUARE METER PORTION OF
THE PROPERTY FOR THE LENGTH OF TIME THAT THE PLAINTIFF
UNLAWFULLY OCCUPIED THE SAME PROPERTY.

IV. WITNESSES

a. Natividad S. Ymana

b. Cristita S. Feolog

c. The Geodetic Engineer

The Plaintiffs reserve their right to present other witnesses as

the circumstances of the case may warrant and as the rules may
permit.

V. DOCUMENTS AND EXHIBITS

Plaintiffs will submit the following documents and exhibits:

EXHIBIT EVIDENCE
Deed of Extrajudicial Settlement dated
1 October 11, 2012
Transfer Certificate of Title Number T-144-
2 2013001091
Tax Declaration of Real Property (TD No. 11-
3 0018-02533)
Provincial Treasurers Real Property Tax
4 Receipts dated March 22, 2016 worth Php
1,078.92
Provincial Treasurers Real Property Tax
5 Receipts dated March 22, 2016 worth Php
1,213.81

VI. RESORT TO DISCOVERY

a. Considering the issues presented, Plaintiffs do not intend to avail

of discovery this time;

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 b. Subject, however, to a concrete and reasonable request for
discovery from the defendants, plaintiffs reserve the right to
discovery before the trial.

Respectfully submitted.
Davao City, ____________, 2017

THE LAW FIRM OF TORREON AND PARTNERS

3rd Floor BEP Building
Quimpo Blvd., Davao City
Tel/ No. (082)-285-7309

For the Firm:

ATTY.ISRAELITO P. TORREON
Roll No. 42916
IBP No. 977172, 1/7/2016, Digos City
PTR No. 6787035, 1/6/2016, Davao City
MCLE Exemption No. V-0005986, 01/30/2015

Copy furnished:

Atty. Genevieve Marie D.B. Paulino

Paulino Law Office
#0006 Rizal Ave., San Jose,
8002 Digos City, Davao del Sur

EXPLANATION

Copies of this Manifestation were served to the parties through registered mail due
to distance, time constraints and lack of personnel to effect personal service.

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