REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH ______, QUEZON CITY Arthur

Garcia Jr., Petitioner, - versus Civil Case No. _________ For: Quieting of Title

Chupeta Herman, Respondent. x --------------------------------------------------- x PRE-TRIAL BRIEF Respondent, Chupeta Herman, by counsel, respectfully submits its Pre-Trial Brief:

I. Brief Statement of Petitioners Case. Via the instant complaint, Petitioner alleged through machinations that he was the registered owner of a parcel of land and that Respondent obtained a spurious Transfer Certificate of Title over the same parcel of land. This was discussed by Petitioner thus:

3. PETITIONER is the registered owner of the subject lot (hereinafter LOT) located at 20 Rockwell Drive, Rockwell Center, Makati City as recorded in Transfer Certificate of Title (TCT) No. 11873645, which is more specifically described as: Bounded on the north by Park 9 Street; on the South by F. de la Rosa St.; on the East by Esteban Abada Street; in the West by Katipunan Avenue; Measure two hundred (200) square meters. attached herein as Annex A. 4. Ownership of the LOT was acquired by PETITIONER by succession from his father, Arturo Garcia, who died in 2001. 5. On 19 November 2008, the Registry of Deeds Office at the Makati City Hall was entirely destroyed by fire, burning in the process all the documents kept therein. 6. These destroyed documents included the Registry of Deeds copy of TCT No. 11873645, described above, representing PETITIONERs ownership of the LOT subject of this case.

Petitioner thereafter warrants, that during his (Petitioners) absence from the country, a fire under suspicious circumstances razed the public building where records of his TCT were kept. The physical loss of the TCT, the subsequent entry of Respondent and the anomalous reconstitution of the latters title to the same land served as grounds for the his prayer to wit:

12.

A. B. C. D. E.

WHEREFORE, it is respectfully prayed that this Honorable Court issue an order annulling RESPONDENTs TCT No. 67787847 and ordering RESPONDENT to pay PETITIONER: Moral damages in the amount of One Million Pesos (Php 1,000,000.00) Exemplary Damages in the amount of One Million Pesos (Php 1,000,000.00) Attorneys fees in the amount of One Hundred Thousand Pesos (Php100,000.00) The cost of suit Other reliefs, just and equitable under the circumstances, are likewise prayed for.

II. Brief Statement of Respondents Case. Respondent filed its Answer in essence denying the allegations in the petition due to lack of knowledge or information to form a belief as to the truth of the averments of Petitioner. Respondent also alleged that Petitioners basis for his claim, the alleged Transfer Certificate of Title No. 11873645 upon the property subject of the dispute (hereinafter Property) is a nullity by virtue of a Deed of Absolute Sale executed by Petitioners Father to Respondent on Jan 2, 2000 . By way of Affirmative Defenses Respondent alleged: 7. That a Deed of Absolute Sale has been executed between the Respondent and Arthur Garcia in Pegasus Club, Quezon City on 29 May 2000 wherein the amount of Two Million (Php 2,000,000.00) Pesos was paid by the Respondent to Mr. Garcia, the personal receipt of which the latter has acknowledged, for and in consideration of the transfer of ownership of and possession to the Property, originally covered by Transfer Certificate of Title No.

11873645 issued by the Registry of Deeds of Quezon on 06 July 1969; 8. Pursuant to the Deed of Sale, Transfer Certificate of Title No. 11873645 was cancelled and TCT No. 69696969 issued and registered by the Register of Deeds of Quezon City to the Respondent on 05 June 2000; 9. The Respondent has been in open, continuous, exclusive, adverse and notorious claim of ownership and possession of the property since purchase on 05 May 2000. On November 2008, a fire destroyed all records of TCTs which included that belonging to the Respondent; 10. Petitioner claimed that the property subject of this action is owned by him as manifested by the institution of the present action. He denies the Deed of Absolute sale by and between his Father and the Respondent notwithstanding the clear and convincing evidence of all documents properly notarized and authenticated.

III. Proposals for Amicable Settlement. Respondent is not willing to enter into an amicable settlement of the case. Respondent is absolute owner of the property by virtue of a contract supported bvy valuable consideration.

IV. Admissions. Respondent does not admit any of the statement of facts averred by Petitioner.

V. Statement of the Issues. a. Whether or not Transfer Certificate of Title No. 11873645 or Transfer Certificate of Title No. 11873645 presently covers the contested parcel of land. b. Whether or not Transfer Certificate of Title No. 11873645 was still subsists. c. Whether or not Arthur Garcia validly transferred said land in question to Respondent through a Deed of Absolute sale prior to the formers demise..

d. Whether or not Arthur Garcia Jr, the alleged predecessor in interest of both parties, still holds title to the said land.. e. Whether or not Petitioner has a better right as against Respondent over the parcel of land, considering that the land was issued a new TCT in favor of Respondent prior to the death of Petitioners father, thereby rendering null any transmission of rights to said property to the Petitioner. f. Whether or not Transfer Certificate of Title No. 11873645 should be considered void for having been issued prior to a replacement TCT 69696969 arising from a Deed of Absolute Sale. g. Whether or not Transfer Certificate of Title No. 69696969 should be thus considered as the valid and subsisting title covering the subject land in controversy. h. Whether or not Petitioner is entitled to the reliefs he prayed for.

VI. Applicable Laws and Jurisprudence. a. Presidential Decree No. 1529, Amending and Codifying the Laws relative to Registration of Property and for other Purposes b. Pertinent Civil Code provisions on contracts c. Rules of Court provisions on Manner of Making Allegations in Pleadings, Effect of failure to Plead, Judgment on the Pleadings and Summary Judgments. d. Legarda v. Saleeby (31 Phil 595); Garcia v. Court of Appeals (GR No. L48971); Iglesia ni Cristo v. CFI of Nueva Ecija (123 SCRA 516); Astorga v. CA, (133 SCRA 748).

VII.

Testimonial Evidence. Witness Substance of Testimony

Reign Tads, Register of Deeds of Quezon The proposed testimony shall be on City matters stated in the Register of Deeds Registration Book made on the inclusive

dates of the sale of the land between Arthur Garcia and Chupeta Chupeta Bituin Tala The proposed testimony shall be to narrate the sale of the subject property between Arthur Garcia and Chupeta herman. The proposed testimony shall be to narrate destruction of all records in the Land Registration Office for the period 2008 as well as the petition by Defendant to reconstitute his lost title. Being one of the two witnesses to the sale of the subject property from Arthur Garcia to Herman Chupeta, the proposed testimony shall be on the truthfulness and due execution of the deed of absolute sale covering the subject property on June 1 2000. Being one of the two witnesses to the sale of the subject property from Juan Tamad to John Nicolas, the proposed testimony shall be on the truthfulness and due execution of the deed of absolute sale covering the subject property on May 29, 2000. Being one of the two witnesses to the sale of the subject property from Juan Tamad to John Nicolas, the proposed testimony shall be on the truthfulness and due execution of the deed of absolute sale covering the subject property on May 29, 2000.

Joe Plate

Karlo Judge

Raffy Paeng

Viktor Deezon

VIII.

Resort to Discovery Procedures. Respondent manifests his intention to resort to discovery procedures.

IX.

Amendment of Answer Respondent does not intend to further amend his answer.

X. Request for the Stipulation/Admission. Respondent requests of Petitioner to stipulate or admit the following: a. The genuineness and due execution of Absolute Deed of Sale, dated 29 May 2000, attached in the petition as Annex B.

b. That the Transfer Certificate of Title No. 11873645, issued 06 July 1969 is a patent nullity. c. That Transfer Certificate of Title No. 69696969, issued on June 2000 validly replaced TCT 06 July 1969 by virtue of a Deed of Absolute sale supported by valuable consideration. d. That Petitioner has no right to the subject property in controversy; successional rights never included the said property. e. That Transfer Certificate of Title No. 6969696, issued on June 2000, under the name of Defendant is valid, free and clear from any liens or encumbrances.

XI. Documentary Evidence. Exhibit Exhibit A Purpose

Transfer Certificate of Title To establish the clean ownership and No. 11873645 06 July 1969, valid of Arthur Garcia over property he , by the Registry of Deeds of validly sold to Respondent. Quezon City (Annex A, Petition) Absolute Deed of Sale dated To establish that Respondent acquired May 29 2000 from Arthur the property from an absolute sale from Garcia to Respondent of the Arthur Garcia on May 29, 2000 property (Annex B, Petition) Transfer Certificate of Title No. 69696969, issued on July 2000, under the name of Respondent (Annex C, Petition) To establish that the alleged ownership of Respondent is derived from a valid Deed of Absolute Sale and an extant Transfer Certificate of Title

Exhibit B

Exhibit C

XII.

Available Trial Dates

The undersigned counsel undertakes to make herself available on trial dates as may be agreed upon by the parties, with due notice and subject to the approval of this Honorable Court.

RESPECTFULLY SUBMITTED. Makati City, 03 January 2011.

Gorgeous Ravishing Lantion Counsel for Petitioner 1 Rockwell Drive, Rockwell Center, Makati City Roll of Attorney No. 12323457923 IBP No. 12334542315 (Lifetime Member) PTR No. 1234566, 04/01/2010, Makati City MCLE Exempt (2010 Bar Passer)

COPY FURNISHED: MIGUEL ANTONIO G. ZABLAN Counsel for Respondent Arthur Garcia Jr. 11 Rockwell Drive, Rockwell Center, Makati City Registry Receipt No. 555000 Post Office: Makati Central Post Office, corner Ayala-Buendia Ave., Makati City Date: 03 January 2011 EXPLANATION

THE BRANCH CLERK OF COURT Regional Trial Court Branch ___, Quezon City G R E E T I N G S:

Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure, undersigned counsel manifests that a copy of the foregoing Pre-Trial Brief was served to the other party by registered mail. Personal service was not practicable due to time and manpower constraints.

GORGEOUS RAVISHING LANTION

Republic of the Philippines ) City of Makati ) S.S.

AFFIDAVIT OF SERVICE I, NORBERTO CLAUDIO, single, Filipino, of legal age and a messenger of ATTY. GORGEOUS LANTION, counsel for the Respondent, with office address at 1 Rockwell Drive, Rockwell Center, Makati City, after having been duly sworn in accordance with law, hereby depose and states: That on 03 January 2011, I served a copy of the Pre-Trial Brief in the case entitled ARTHUR GARCIA JR, Petitioner vs. HERMAN CHUPETA, Respondent, with Civil Case No. ___________ by depositing a copy in the Makati Central Post Office, corner Ayala-Buendia Ave., Makati City, in a sealed envelope, plainly addressed to ATTY. MIGUEL ANTONIO G. ZABLAN at 11 Rockwell Drive, Rockwell Center, Makati City, with postage fully paid, as evidenced by Registry Receipt No. 555000 and attached herein, and with instructions to the postmaster to return the mail to sender after ten (10) days if undelivered, pursuant to Sections 3, 4, 5 and 10 of Rule 13 of the Rules of Court. TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 03 January 2011, in the City of Makati, Philippines. RICARDO VILLALUZ Affiant

SUBSCRIBED AND SWORN TO before me this 3rd day of January 2011 at Makati City, affiant exhibiting to me his Community Tax Certificate No. 452450413 issued on 08 February 2010 at Makati City and his competent evidence of identity, SSS No. 33014133 issued by the Social Security System on 08 March 2010 at Makati City and Drivers License No. PP-1214143145 issued by the Land Transportation Office on 10 May 2010 at Makati City with expiry date on 05 May 2011.

ATTY. NEIL TARIO Notary Public for Makati City 3 Rockwell Drive, Rockwell Center, Makati City Commission No. 12335135, until 31 December 2011 (Makati City) PTR No. 1234314, 01/05/2010 (Makati City) Roll of Attorneys No. 123234523 IBP No. 123234543 (Lifetime Member)

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