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Republic of the Philippines

MUNICIPAL TRIAL CIRCUIT


8th Judicial Region
Branch I
Catarman, Northern Samar

Corazon de Jesus,
Plaintiff,
CIVIL CASE No. 1234
-versus- For: UNLAWFUL
DETAINER

Antonio Lopez,
Defendant,

X-----------------------------------x

PLAINTIFF’S PRE-TRIAL BRIEF

PLAINTIFF, through counsel and unto this Honorable Court


respectfully submits this Pre-Trial Brief compliance with the trial
court’s order received on January 11, 2014.

I.
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE
MODES OF DISPUTE RESOLUTION

Plaintiff is not willing to consider any amicable settlement or


undergo alternative modes of dispute resolution with respect to
the primary prayer of this complaint. However, the plaintiff is
open to the possibility of amicable settlement in relation to the
necessary expenses made by the defendant in the maintenance
and preservation of the subject property.

II.
ADMISSIONS TO THE STIPULATION OF FACTS

Plaintiff admits the facts herein presented:

1. Defendant is in physical/actual possession of the subject


property;
2. Under paragraph 9.3 of the Answer, as to the death of the
primitive owner Mr. Andres Y. Bonifaquiao but not as to the
date of the latter’s death.

III.
ISSUES TO BE TRIED AND RESOLVED

The Plaintiff proposes the following issues to be tried and


resolved by this Honorable Court:

1. Whether the defendant’s claim of ownership of the subject


property gives him a better right of possession over the
same.

2. Whether the defendant’s legal possession of the Subject


Property became illegal upon plaintiff’s demand to vacate.

3. Whether the award of relief sought by defendant is


justified.

IV.
TESTIMONIES AND DOCUMENTS TO BE PRESENTED

Plaintiff will present the following Documentary and


Testamentary Evidence:

1. Transfer Certificate of Title No. T-9790 under the name of


Marcelo and Corazon de Jesus (Annex “A”);
2. A copy of the Sketch Plan of the subject property (Annex
“B”);
3. Deed of Absolute Sale between Mr. Andres Bonifaquiao
and Gabriela Silang to Spouses Marcelo and Corazon de
Jesus (Annex “C”);
4. Tax Declaration No. 0500412 of the Subject Property
(Annex “D”);
5. Tax Declaration No. 0500590 of the Subject Property
(Annex “E”);
6. Demand Letter to Mr. Antonio Lopez date June 21, 2013
(Annex “F”);
7. Certification to File Action dated October 10, 2013 (Annex
“G”);
8. Original Certificate of Title under the name of Mr. Andres
Bonifaquiao marked “CANCELLED” by the Register of
Deeds (Annex “H”);
9. Certificate of Death of Mr. Andres Bonifaquiao (Annex
“I”);
10. Affidavit of Ms. Andressa Bonifaquiao (Annex “J”);
11. Certificate of Live Birth of Ms. Andressa Bonifaquiao
(Annex “K”);
12. Affidavit of Owner of Property adjacent to the Subject
Property (Annex “L”);
13. Proof of Delivery or the Return Slip of the delivered
Demand Letter dated June 21, 2013 (Annex “M”).

V.
AVAILABILITY FOR TRIAL

The Plaintiff respectfully informs this Honorable Court of her


willingness to proceed to an actual trial of the case whenever
necessary at the convenient time to the parties and the calendar
of this tribunal.

WHEREFORE, premises considered, it is respectfully prayed


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

Done this 11th day of January 2014.

ATTY LUIS CISNEROS, JR.


Counsel for Plaintiff
Roll No. 1234
IBP Membership No. 123
PTR No. 2013-119
MCLE No. 2013-123
Catarman, Northern Samar

COPY FURNISHED:

ATTY HERBERT MISCREOLA


Counsel for the Defendant
JP Rizal St., Catarman
Northern Samar