Republic of the Philippines

7th Judicial Region

14th Municipal Circuit Trial Court
Dauis-Panglao
Dauis, Bohol

Christina Lagdameo
Plaintiff, Civil Case No. 1234
For: RECOVERY OF OWNERSHIP
AND POSSESSION
- Versus -

Spouses Epifanio and Mercedita

Lagdameo
Defendants,
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PLAINTIFFS PRE-TRIAL BRIEF

Plaintiff, through undersigned counsel unto this Honorable most
respectfully files this Pre-Trial Brief and states that:
A. STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
OR ALTERNATIVE MODE OF DISPUTE RESOLUTION:
Plaintiff is amenable to enter into an amicable settlement upon
reasonable and equitable terms consistent with law and public policy.
B. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATIONS OF
FACTS:
1. Defendants are not the registered owners of the subject
properties;
2. Defendants are not the lawful heirs of Oswald Lagdameo and of
Santiago Lagdameo;
3. Oswald Lagdameo was the only heir and issue of Santiago
Lagdameo and succeded from the same Lot No. 3, one of the
disputed properties;
4. Oswald Lagdameo owned the three parcels of land in question
before his death;

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 5. Oswald Lagdameo tilled the disputed three parcels of land thru his
tenants, whereby he received as his share the fruits of said parcels
of land from said tenants;
6. Plaintiff is the illegitimate child and lawful heir of Oswald
Lagdameo;
7. Sometime in 1999, the Plaintiff was introduced to Oswald
Lagdameo as his daughter with Pacencia Lagda, Plaintiffs mother,
in the house of the Defendants;
8. Plaintiff after her introduction to her father in 1999, came to live
with him and the Defendants, at the latters house;
9. Oswald Lagdameo, sometime in 1999 and before his untimely
death, initiated adoption proceedings in order to adopt the
Plaintiff;
10.Oswald Lagdameo executed a duly notarized affidavit
acknowledging the Plaintiff as his daughter dated May 25, 1999;
11.Defendants have no existing agreement between the Plaintiff
allowing them to possess the subject parcels of land;

C. ISSUES TO BE TRIED
The Petitioner proposes the following issues to be tried and resolved
by this Honorable Court:
1. Who is the lawful owner of the subject parcels of land;
2. Whether or not the Plaintiff have the right to recover possession
over the subject parcels of land from the Defendants;

D. DOCUMENTS/EXHIBITS TO BE PRESENTED:

A. Tax Declaration No. 29-021-0079 in the name of Oswald

Lagdameo;
B. Tax Declaration No. 29-021-0081 in the name of Oswald
Lagdameo;
C. Tax Declaration No. 29-021-0080 in the name of Santiago
Lagdameo
D. Affidavit of Acknowledgement of Filiation dated May 25, 1999;
E. Certificate of Attendance issued by the Department of Social
Welfare and Development dated August 10, 1999;
F. Certificate to File Action issued by the Office of the Lupon ng
Tagapamayapa of Barangay Poblacion, Dauis dated March 1,
2014;
G. Certificate of Live Birth of Christina Lagdameo issued by the Local
Civil Registrar of Cagayan de Oro City.
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E. MANIFESTATION TO AVAIL OF DISCOVERY PROCEDURES OR REFERRAL
TO COMMISSIONER:

Plaintiff is willing to avail to discovery procedures or referral to

commissioner under the discretion of this Honorable Court.

F. WITNESSES TO BE PRESENTED
The Plaintiff will be presenting five (5) witnesses to identify the
documentary evidences and substantiate the allegations in the complaint
whose testimonies are contained in judicial affidavits as required by law.
The name of the witnesses are:
1. Christina Lagdameo will testify as to truthfulness of her
allegations in the petition, particularly Oswald Lagdameos
recognition of her as his daughter.
2. Timoteo Alawiran will testify as to the fact that he was the tenant
of Oswald Lagdameo until his death. He will also testify that he
had always delivered the shares of the harvest, as payment, to
Oswald Lagdameo until his death knowing the latter to be the
owner of the subject lot.
3. Atty. Soltero Olario will testify as to the consultation Oswald
Lagdameo had with him with regards to the possible adoption of
the Plaintiff by Oswald Lagdameo. He will also testify as to the
veracity of the Affidavit of Acknowledgement of Filiation executed
by Oswald Lagdameo and notarized by him.
4. Hinara Araw-araw will testify as to nature of the Barangay Case
initiated by the Plaintiff wherein a Certificate to File Action has
been issued in favor of the Plaintiff. She will also collaborate the
Plaintiffs allegation that she was recognized by Oswald Lagdameo
to be his daughter.
5. Exuperto Dagondon will testify as to the means and methods
provided for by RA 9255 on how an acknowledged natural child
may carry his/her fathers last name. He will also testify that the
Plaintiff has successfully changed her last name from Lagda to
Lagdameo, her fathers, Oswald Lagdameo, last name, in
accordance with RA 9255.
6. Pacencia Lagda, mother of Plaintiff, will testify as to the nature of
her relationship with Oswald Lagdameo. She will also testify as to
the nature of the Plaintiffs relationship with Oswald Lagdameo.

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G. AVAILABLE DATES FOR TRIAL

The Petitioner respectfully requests that the trial dates be agreed

upon in open court at such dates and time convenient to the parties and
calendar of this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed unto this

Honorable Court that the foregoing Pre-Trial Brief be duly noted.

This 8th day of January 2015, Tagbilaran City.

Atty. Merika Zaira C. Esmero

Notary Public til December 31, 2014
Attys Roll No. 1234; NCS No. 2014-01
IBP No. 1234567 12/01/2013[for 14]
PTR No. 123456- 12/02/2013 [for 14]
MCLE Compliance No. IX 098789098
123 ABC Corporate Bldg, CPG Ave.,
Tagbilaran City, Bohol