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Republic of the Philippines

Third Judicial Region


4th METROPOLITAN CIRCUIT TRIAL COURT
BAGAC-MORONG
PROVINCE OF BATAAN

SPS. NAPOLEON.
TORRICO
JR. AND ANGELITA P.
TORRICO,
Plaintiffs,

- versus - Civil Case No. 396


For: Forcible Entry with
Damages

LIBRADA PAGUIO AND


ANY OTHER PERSONS
CLAIMING RIGHTS
UNDER HER,
Defendants,
x-------------------------x

PLAINTIFFS’ PRE-TRIAL BRIEF

PLAINTIFFS, through the undersigned counsel and unto


this Honorable Court, most respectfully submit this Pre-Trial
Brief:

STATEMENT OF WILLINGNESS TO ENTER


INTO ALLOWABLE AGREEMENTS

Subject to a proposal that is fair and reasonable and


a reciprocal manifestation of openness from defendant,
plaintiffs are open to the possibility of amicably settling the
dispute or entering into alternative modes of dispute
resolution.

STATEMENT OF CLAIMS

A. PLAINTIFFS’ CLAIM. Plaintiffs are seeking for a


judgment, ordering the defendant Paguio and any other
persons claiming rights under her to vacate the subject
property and to deliver the peaceful possession of the
same to the plaintiffs.

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B. Plaintiffs are seeking a judgment, ordering the
defendant and any other persons claiming rights under
her to remove any structure which she in bad faith had
erected in the subject property or in default thereof, to
order its demolition at the expense of the defendant.

C. Plaintiffs also demand the amount of Twenty-Five


Thousand Pesos (Php 25, 000.00) for engagement of
legal services, Four Thousand Pesos (Php 4,000.00) for
every court appearance and Moral Damages in the
amount of not less than Fifty Thousand Pesos (Php
50,000.00)

D.Plaintiffs submit that the provisions of the New Civil


Code, the 1997 Rules of Civil Procedure, specifically
Rule 70, the 1991 Revised Rules of Summary Procedure
and jurisprudence enunciated by the Supreme Court
will govern the resolution of this case.

SUMMARY OF ADMITTED FACTS AND


PROPOSED STIPULATION OF FACTS

1. PLAINTIFFS admit that they are the owners and


possessors of a parcel of land located in Panibatuhan Street,
Brgy. Nagbalayong, Morong, Province of Bataan designated
as Lot No. Lot 426-F-2-A-2 containing an area of One
Thousand (1,000) square meters more or less, as evidenced
by Transfer Certificate Title No. T-271041;

2. PLAINTIFFS admit that they have bought the subject


property to a previous owners- occupants, who are not the
defendants in 2008;

3. PLAINTIFFS admit that in December 2017, they found


out through the survey by the Geodetic Engineer and it
turned out that defendant encroached on an area of 127
square meters, more or less out of the 1,000 square meters
covered by the title owned by the plaintiff;

4. PLAINTIFFS admit that upon knowledge of such


encroachement, the plaintiff lodged a complaint before the
Lupon ng Tagapamayapa of Barangay Nagbalayong, Morong,
Bataan for possible amicable settlement, as evidenced by
the Barangay Complaint dated January 31, 2018 and the
Certificate to File Action dated March 20, 2018;

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5. PLAINTIFF admit that despite efforts for amicable
settlement, the parties have not come to an agreement
before the Barangay Lupon ng Tagapamayapa;

6. PLAINTIFFS admit that they have been paying the real


property taxes thereon as shown by the official receipts of
payment dated January 05, 2017, January 04, 2018,
November 12, 2018, respectively issued by the Office of the
Municipal Treasurer of Morong, Bataan;

7. Moreover, defendant’s refusal to surrender and restore


peaceful possession of the land acquired by Plaintiffs
through hard earned money, the latter suffered mental
anguish, emotional disturbance and embarrassment which
entitled them to recover moral damages;

8. Lastly, Plaintiffs are also entitled to exemplary damages


for defendant’s blatant and wanton disregard of their rights.

ISSUE

WHETHER OR NOT THE PLAINTIFFS HAVE A CAUSE OF


ACTION AGAINST THE DEFENDANT FOR FORCIBLE ENTRY
WITH DAMAGES.

WITNESSES

Plaintiffs intend to present herself to testify on the


matters alleged in the complaint and other material facts
relevant therein. Plaintiffs reserve the right to present other
witnesses which she finds necessary for good cause.

Each witness will need 30 minutes to testify and


present their pieces of evidence.

PIECES OF EVIDENCE TO BE PRESENTED

Plaintiffs will present the following documentary


exhibits, including the purposes to which they will be offered:

EXHIBI DOCUMENT PURPOSE

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T NO.
Transfer Certificate of Title To prove that the
No.-T-271041 issued by IGG. plaintiffs are the
A Emmanuel M. Aquino of owners and
Municipality of Morong, possessors of a
Province of Bataan parcel of land

Official receipts of real To prove that the


B property taxes issued by the plaintiffs were
through office of the municipal paying the real
B-3 treasurer of Morong, Bataan property taxes

Copy of the Survey prepared To prove that the


by Engineer Rodolfo C. De house of Librada
C Leon dated December 4, Paguio encroached
2017 the property
owned by the
plaintiffs
To prove that
plaintiffs filed a
A Copy of the barangay complaint before
D complaint dated on January the barangay of
31, 2018 Nagbalayong,
Morong, Bataan

A Copy of the Certificate to To prove the


File an Action issued by efforts for a
E Barangay Secretary Manuel possible
Magtanong dated on March settlement and/or
20,2018 reconciliation
between the
parties but to no
avail
A Copy of the Judicial To prove all the
F Affidavit of Plaintiff Angelita allegations in
Torrico dated March 4, 2019. support of the
complaint

Plaintiffs reserve other documents which at this time


are not available and for good cause.

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AVAILMENT OF DISCOVERY PROCEDURES OR
REFERRAL TO COMMISSIONERS

Plaintiffs are willing to avail discovery procedures or


referral to commissioners subject to the sound discretion of
the Honorable Court.

APPLICABLE LAWS AND JURISPRUDENCE

Rule 70, Section 1 of the 1997 Rules of Civil


Procedure, from which this present petition is anchored,
provides:

Section 1. Who may institute proceedings, and


when. — Subject to the provisions of the next
succeeding section, a person deprived of the
possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a lessor,
vendor, vendee, or other person against whom the
possession of any land or building is unlawfully withheld
after the expiration or termination of the right to hold
possession, by virtue of any contract, express or
implied, or the legal representatives or assigns of any
such lessor, vendor, vendee, or other person, may, at
any time within one (1) year after such unlawful
deprivation or withholding of possession, bring an
action in the proper Municipal Trial Court against the
person or persons unlawfully withholding or depriving of
possession, or any person or persons claiming under
them, for the restitution of such possession, together
with damages and costs.

Further, in the case of LORETA SAMBALILO, et al., v.


SPOUSES PABLO LLARENAS AND FE LLARENAS, G.R.
No. 222685, June 21, 2017, the Supreme Court
enunciated the requirements in a forcible entry case, to wit;

“For a forcible entry case to prosper, the plaintiffs must


allege and prove: (a) that they have prior physical
possession of the property; (b) that they were deprived of
possession either by force, intimidation, threat, strategy, or
stealth; and (c) that the action was filed within one year from
the time the owners or legal possessors learned of their
deprivation of the physical possession of the property. The
only purpose of a forcible entry suit is to protect the person

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who had prior physical possession against another who
unlawfully entered the property and usurped possession.”

TRIAL DATES

Plaintiffs’ undersigned counsel needs four (4) dates for


complete evidence presentation, and is available to present
them on dates that this court and this counsel shall agree.

Respectfully Submitted, Malolos City, Bulacan, March


04, 2019.

ARELLANO AURE & ASSOCIATES LAW OFFICE


Counsel for Plaintiffs
nd
2 Floor (Building in front of the New Malolos City Hall)
McArthur Highway, Brgy. Bulihan, City of Malolos
Bulacan (3000)
Mobile No. 09171222973

By:

ATTY. JOEL B. ARELLANO


IBP NO. 098804-02/11/19 Malolos City
PTR NO. 2635405-01/31/19 Malolos City
Roll of Attorney’s No. 53884
MCLE Compliance No. VI -0010257/ June 20, 2018

Copy furnished:

OSCAR L. KARAAN
KARAAN AND KARAAN LAW OFFICE
No. 500 B Karaan Street,
Seminary Road, Brgy. Bagbag,
Novaliches, Quezon City 1116

NOTICE

TO THE CLERK OF COURT


4th Metropolitan Circuit Trial Court
Bagac-Morong, Bataan

Sir/Madam,

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Kindly submit this Pre-Trial Brief for the kind
consideration and approval of the Honorable Court.

ATTY. JOEL B. ARELLANO

EXPLANATION

Due to distance and lack of personnel, the copy of the


foregoing Pre-Trial Brief intended for the defendant was
served upon her via registered mail.

ATTY. JOEL B. ARELLANO

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