Republic of the Philippines

Fourth Judicial Region

MUNICIPAL TRIAL COURT in CITIES
Cabuyao City, Laguna

SPS. HARDY & ROJANNE FERNANDEZ Civil Case No. 2820

Plaintiffs,

-versus-

For: EJECTMENT
SPS. LARRY & RHONA GEPIGA
Defendants.
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PRE-TRIAL BRIEF
(For the Defendant)

COME NOW, Defendants, through counsel, unto this Honorable

Court, respectfully submits this PreTrial Brief as follows:

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

The Defendants are willing to enter into an amicable settlement

with Plaintiffs as long as the same is just and equitable.

PROPOSED STIPULATIONS OF FACTS AND CIRCUMSTANCES

1. That Defendants are the present occupants and purchasers

of the subject property, a house and lot located at Blk. 24
Lot 32 Phase 1 Mabuhay City, Brgy. Baclaran, Cabuyao City,

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Pre-Trial Brief for the Defendant
Larry Gepiga
 Laguna, where they may be served with the judicial
processes of the Honorable Court;
2. That the Defendants signed a Contract to Sell with
Extraordinary Development Corporation (EDC) on June 8,
1999 for the purchase of the subject property (Annex C in
the Complaint), attached herein as Annex 1;
3. That Defendants paid monthly amortizations to EDC from the
date of execution of the said Contract for 16 months from
September 19, 1999 up to December 26, 2000 evidenced by
receipts, copies of which are attached herein as Annex 2
to 2-L;
4. On February 11, 2000, EDC transferred, assigned and
conveyed to Home Development Mutual Fund (HDMF) all its
rights over the subject property through an Absolute Deed of
Assignment (Annex F in the Complaint), attached herein as
Annex 3 to 3-A;
5. That by virtue of the foregoing Defendants housing loan was
transferred from EDC to HDMF and from then on, Defendants
paid their monthly amortization over the property to HDMF,
receipts thereof are attached herein as Annex 4 to 4-I;
6. That the Defendant was able to pay amortizations over the
subject property from September 1999 up to October 2005,
or for more than four (4) years;
7. That despite Defendants failure to pay amortizations
thereafter, he was still given another chance to buy the
subject property through a letter issued by HDMF on April 6,
2016, giving them the privilege and opportunity to avail of its
Rent To Own Program, received by them on June 14, 2016.

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Pre-Trial Brief for the Defendant
Larry Gepiga
 8. That this letter clearly states that defendants had 15 days
within which they could avail of this privilege from date of
receipt;
9. That on the 15th day, or June 29, 2016, Defendants went to
HDMF, bringing with them the requirements for the availment
of the said program, they were informed by the latter that
the property has already been sold to another buyer;
10. That Defendants never received any cash surrender value
from HDMF for the installment payments they made over the
subject property for a period of more than four (4) from
September 1999 up to October 2003;

ISSUES TO BE RESOLVED

I. Whether or not Plaintiffs have the legal personality to file this

case;
II. Whether or not the Defendants are entitled to the possession
of the subject property;

DOCUMENTARY EXHIBITS TO BE PRESENTED

Annex 1 Contract to Sell between EDC and Defendant
Spouses dated June 8, 1999 (common exhibit);
2 to 2-L Receipts of amortization payments made by
Defendants to EDC;
3 to 3-A Absolute Deed of Assignment between EDC
and HDMF over the subject property;

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Pre-Trial Brief for the Defendant
Larry Gepiga
 4 to 4-I Receipts of amortization payments made by
Defendants to HDMF;
5 Letter issued by HDMF to Defendants offering
the latter to avail of its Rent To Own Program;
6 Defendants reserve the right to present proof
of their receipt of the letter issued by HDMF, to
be submitted to the court during the filing of
the Position Paper
Defendant reserves the right to present other documentary
evidence as may be deemed necessary during the marking of
exhibits or during submission of Position Paper.

WITNESSES TO BE PRESENTED

Defendants further reserve the right to present other witnesses

as may be deemed necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. Applicable provisions of the New Civil Code;

2. Revised Rules on Summary Procedure;
3. Republic Act No. 6552 (Realty Installment Buyer Act/ Maceda
Law);
4. Applicable jurisprudence issued by Supreme Court.

Binan City for Cabuyao City, November 6, 2017.

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Pre-Trial Brief for the Defendant
Larry Gepiga
Respectfully submitted:

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEYS OFFICE
Counsel for the Plaintiff
Binan District
Hall of Justice Bldg. Canlalay, Binan,
Laguna

FLORDELYN M. BAYANI
Public Attorney I
Roll No. 69193/ IBP No. 016700
MCLE Compliance: N/A

The Clerk of Court

Municipal Trial Court in Cities
Cabuyao City, Laguna

Please submit the foregoing Pre Trial Brief upon receipt for consideration of the
Honorable Court in connection with preliminary conference scheduled on November
10, 2017, 2:00 PM before the Honorable Court.

Thank you.

FLORDELYN M. BAYANI

Copy Furnished:

ATTY. CHARLES G. FUENTES

Counsel for the Plaintiff
Unit No. 14 Solid Gold Building
4905 National Hi-Way
Brgy. Canlalay, City of Bian, Laguna

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Pre-Trial Brief for the Defendant
Larry Gepiga