Republic of the Philippines

11th Judicial Region

MUNICIPAL TRIAL COURT
Branch 12
Davao City

EFREN TE Civil Case No. 1234-2019

Plaintiff,

For: UNLAWFUL DETAINER

-versus-

CARLO MAMAC
Defendant.

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PRE-TRIAL BRIEF

Defendant, by counsel, respectfully submits his Pre-trial Brief as follows:

I. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT AND POSSIBLE

TERMS OF ANY SUCH SETTLEMENT.

1.1. Defendant is not open to settling this dispute amicably.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES.

2.1. The plaintiff claims that he is the owner of a lawful land embraced
under Transfer Certificate of Title No. T-14344 over which a house had
been constructed located 456 Modesto Bangkal, Davao City containing
200 square meters in land area;

2.2. That by virtue of the plaintiff’s kindness and compassion towards

the defendant who is a family friend and distant relative, the plaintiff
allowed defendant to stay with the latter’s house after the defendant lost
his house due to a fire in 2018 with the promise that the defendant shall
vacate the house and lot ;

2.3. That defendant has stayed in the house of the plaintiff since
February 2018 until the present without any consideration but only with
 an agreement that the defendant shall preserve and look after the
property during his temporary stay as evidenced by the Memorandum of
Agreement marked as Annex 3;

2.4. Despite said letter of demand which was repeated by oral demands,
the defendant failed and still refused to vacate the house and the land
itself;

2.5. That Defendat admits having lost his home at #17 Aurora St.,
Matina, Davao City last February 4, 2018;

2.6. That plaintiff, being a family friend and distant relative, allowed
Defendant to stay in their house at 456 Modesto, Bangkal, Davao City
without any consideration but with an (agent) that Defendat preserve
and (lack) after the property during the Defendant’s stay.

2.7. That sometime in early August of 2018, plaintiff has offered

Defendant to purchase said subject property or one-half portion of the
200 square meters land on which the house stands, in the amount of
P2,000,000.00, consisting of the proceeds of the fire insurance contract
from the property, which the Defendant lost due to fire.

2.8. That on August 23, 2018, plaintiff and Defendant entered into a
contract of sale over the said property, after which a new TCT was
registered under the Defendant’s name

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTY.

3.1. The fact that Plaintiff owns the subject property at the start

3.2. The fact that Defendant’s house was burned down by fire in 2018

3.3. The fact that Plaintiff allowed the Defendant to stay at the subject
property without any consideration.

IV. ISSUES TO BE TRIED.

4.1. Defendant submits the following issues to be subject to proof:

4.1.1. The Plaintiff and Defendant entered into a contract of sale on

August 23,2018.

4.1.2. No more oral demands made after letter of response by

Defendant to Plaintiff
V. EVIDENCES.

5.1. Defendant intends to present the following evidences and be marked

accordingly:

5.1.1 Counter- affidavit of the Defendant;

5.1.2. Fire insurance policy covering the burnt house of Defendant;
5.1.3. Official receipt of proceeds of insurance;
5.1.4. Contract of sale between Plaintiff and Defendant
5.1.5. Letter of response to Plainttif’s demand letter;
5.1.6. Transfer Certificate of Title;
5.1.7. Barangay Certificate to file action;
5.1.8. Sketch of the subject house and lot;

VI. RESORT OF DISCOVERY.

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

VII. NUMBER AND NAMES OF WITNESSES.

7.1. The Defendant intends to present the following witnesses:

7.1.1. Defendant;
7.1.2. Atty. Remle E. Kimos
7.1.3. Redendo Martinez
7.1.4. Roita V. Bantan

VIII. AVAILABLE TRIAL DATES.

January 24, 2019

January 28, 2019

RESPECTFULLY SUBMITTED.
Davao City, January 19, 2019.
POGI, SY, BANTAN AND ASSOCIATES LAW OFFICE
No. 143 Kagubaon Bldg., Bolton Street, Davao City

By:

ATTY. POGI C. ONTAL

IBP No. 134348 1/8/21 Davao City
PTR No. 3423688 1/8/21 Davao City
MCLE Compliance No. 01-23458
Copy Furnished:

By Personal Service
GROUP 1 LAW OFFICE
Unit 123, 8th floor, Abreeza Corporate Tower, Davao city
Atty. Christine Faith Sabella
Counsel of the Plaintiff