Plasos, Ma.

Katrina
Legal Technique

Republic of the Philippines

SUPREME COURT
MUNICIPAL TRIAL COURTS IN CITIES
CITY OF CAGAYAN DE ORO
Misamis Oriental

HOME DEVELOPMENT AND CIVIL CASE NO. 2017-11-16

MUTUAL FUND (otherwise
known as PAG-IBIG FUND),
Plaintiff,

- versus - FOR:

JUANA SANTOS (joined by UNLAWFUL DETAINER

her spouse) and RODRIGO
SANTOS,
Defendants.

x - - - - - - - - - - - - - - - - - - - -///

PRE-TRIAL BRIEF

DEFENDANT SANTOS, by counsel, unto this Honorable Court,

respectfully submits his Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable

and a reciprocal manifestation of openness from Plaintiff, Defendant
is open to the possibility of amicably setting this dispute.

1.2. Pursuant to Rule 18 of 1997 Rules of Civil Procedure,

Defendant respectfully submits that the desired terms of any
amicable settlement would involve a clarification of the obligations
between the parties, if there are any.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. Plaintiff seeks to render judgment against the Defendants

to immediately vacate the subject property together with all
improvements thereon and surrender possession of the same.

2.2. Defendant Santos resists Plaintiffs claim maintaining lack

of knowledge.
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 2.3. Defendant Santos also prays for the dismissal of
Plaintiffs claim for failure to state why no mandatory barangay
conciliation process was being.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant Santos admits only those facts stated in its

answer, i.e., personal circumstances.

3.2. Defendant admits no other facts stated in the complaint,

Subject to a concrete proposal for stipulation of additional facts from
Plaintiff during pre-trial or even thereafter.

IV. ISSUES TO BE TRIED

4.1. Defendant Santos submits that the following issues put

forward by the Plaintiff be subject to proof:

4.1.1. Plaintiffs cause of action against Defendant Santos to

entitle the former to the relief sought;

4.1.2. Plaintiffs entitlement to the award of exemplary

damages.

4.2. Defendant Santos submits that the following issues he put

forward be subject to proof:

4.2.1. Plaintiffs failure to state in its complaint why no

barangay conciliation process was entered into;

4.2.2. No jurisdiction over the indispensable party;

4.2.3. Dismissal of Plaintiffs action.

V. WITNESSES AND EVIDENCE TO BE PRESENTED

5.1. Defendant Santos reserves the right to present any and

all documentary evidences which shall become relevant to rebut
Plaintiffs claims in the course of the trial as well as any other
witnesses whose testimony will become relevant, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented,

Defendant Santos does not intend to avail of discovery at this time;

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 6.2. Subject, however, to a concrete and reasonable request
for discovery from the Plaintiffs, Defendant Bago reserves the right to
resort to discovery before trial.

RESPECTFULLY SUBMITTED.

Cagayan de Oro City, February 1, 2017.

GOMEZ OCHOA & ASSOCIATES

Counsel for the DEFENDANT
by:

MICHAEL D. OCHOA
Roll of Attorneys No. 123456
Lifetime Member No. 111222/15 April 2014/Misamis Oriental
PTR No. 123456A/11 January 2016/Cagayan de Oro City
MCLE Compliance No. IV-12345678/September 24, 2014

Copy furnished:

ATTY. WILBERT ROMERO

HOME DEVELOPMENT MUTUAL FUND
Cagayan de Oro Branch
Pag-IBIG Fund Building, J.R. Borja Street
Cagayan de Oro City