Republic of the Philippines

MUNICIPAL TRIAL COURT

Second Judicial Region
Peñablanca, Cagayan

RODY MANGUBAT
Plaintiff,
Civil Case No. 1020304550
FOR: Recovery of Possession
- versus –

LINA TARAPA
Defendant,
x - - - - - - - - - - - - - - - - - - - - - - - - - -----x

PRE-TRIAL BRIEF
Plaintiff, through counsel, unto this Honorable Court, respectfully submits this Pre-
trial Brief as follows –

A. STATEMENT OF FACTS AND CASE

This is a complaint for recovery of possession and damages against defendant

involving a parcel of land located at Bagabat, Peñablanca, Cagayan (as per Tax Declaration

No. 00012 under Lot No. 8841, Pls-564). Herein plaintiff is the registered owner of the
said parcel of land embraced by Katibayan ng Orihinal na Titulo Blg. P-78956 with an
assessed value of Thirty Six Thousand Eight Hundred Sixty Pesos (P36,860.00).

The disputed parcel of land was devoted for corn production and was then surveyed
to ascertain portions which is under possession of the defendant. It was found out that an
estimated area of 0.56 hectares is in the possession of defendant.

Plaintiff Rody, made demands for the defendant to cede possession over subject

land but all fell on deaf ears. Nevertheless, defendant continuously denies plaintiff’s

possessory rights over the property in question. Plaintiff was also deprived to the
enjoyment and possession of the land involved.

The continuing failure and refusal of the defendants to cede possession of the subject
land notwithstanding the fact that plaintiff has the right over it, compels the plaintiffs to
file this case against defendant;

B. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Plaintiffs are open to settlement provided it is on just and reasonable grounds.

C. ADMITTED FACTS

All allegations indicated in the pleadings submitted by the plaintiff together with
the appropriate documents marked in the complaint as evidence that plaintiff is the owner
of the disputed land.

D. PROPOSED STIPULATIONS OF FACTS

As provided under Rule 26 of the Rule on Civil Procedure, Plaintiff requests

defendant to admit the genuineness and due execution of the following documents within
fifteen (15) days after service thereof, otherwise each of the following documents shall be
deemed admitted:

A. Katibayan ng Orihinal na Titulo Blg. P-78956

B. Tax declaration No. 00012
C. Barangay Certification to File Action

Plaintiffs also proposed to stipulate on the following facts-

a. Plaintiff was deprived of the fruits and enjoyment of the disputed land.
c. That the donation is inofficious and it impaired plaintiff’s legitime

E. PROPOSED ISSUES TO BE RESOLVED

Whether or not the donations were valid?

Whether or not defendants are obliged to give the plaintiff her share in the
property as her legitime?
 Whether or not plaintiff was deprived of her legitime which could warrant a
reduction of the donations given to her siblings?

F. TESTIMONIAL EVIDENCE

Plaintiff intend to present one (1) or two (2) witnesses to prove plaintiff’s
allegations and claims set forth in the complaint.

G. DOCUMENTARY EVIDENCE

Plaintiffs request the marking as exhibits of the following documents:

1.) Katibayan ng Orihinal na Titulo Blg. P-78956. (Annex “A”)

2.) Tax declaration No. 00012. (Annex “B”)
3.) Barangay Certification (Annex “E”)

H. AVAILMENT OF MODES OF DISCOVERY

Plaintiffs reserve the right to avail of the modes of discovery in addition to the
aforementioned request for stipulation.

I. APPLICABLE LAWS AND JURISPRUDENCE

The Plaintiffs grounds its claims on the provision of the New Civil Code and 1997
Rules on Civil Procedure.

J. POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiffs are amenable to a reasonable settlement.

K. RESERVATION

Plaintiffs respectfully reserve the right to present additional oral and documentary
evidence as may become necessary in the course of the trial.
 L. SPECIFIC TRIAL DATES
It is respectfully requested that the trial dates be set during the pre-trial conference to dates

most convenient to this Honorable Court and to all the parties.

Respectfully submitted.
December 8, 2011, Tarlac City.

ATTY. KAREN R. CAYETANO

Counsel for Plaintiff
Court and PAO Building
Gomez Street, Paniqui, Tarlac
PTR No. 012345; 01/15/11; Tarlac City
IBP Lifetime No.551986; 01-25-01; Pasig City
Roll of Attorney’s No. 45678
MCLE Compliance No. 4-00010101
Tel. (fax) no. (045) 982-0871
Email: karen_cayetano07@yahoo.com

Copy Furnished:

Municipal Trial Court

Branch 2
Tarlac City

Atty. Ralph Leonidas

Counsel for the Defendant
Leonidas, Sicat and Ferrer Law Offices
Capas, Tarlac City

EXPLANATION

Copies of the foregoing Brief were served to defendant’s counsel through registered
special mail considering the distance between the address of defendant’s counsel and the
undersigned counsel. Moreover, the office of the undersigned has no personnel to effect
personal service to the defendants.

KAREN R. CAYETANO