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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY
Branch 35

VIRGINIA VALENCIA- GUILAS,

Plaintiff,

-Versus- Civil case No. 09-


39820

For : Unlawful
Detainer

FRANCISCA CRISTOBAL-VALENCIA and all other

Person claiming rights and acting in her behalf,

Defendant.

x--------------------------------------------------------------x

DEFENDANT’S PRE-TRIAL BRIEF

DEFENDANT, by counsel and to this Honorable Court, respectfully


submits this Pre-Trial Brief compliance with the trail court’s order dated,
October 22, 2010.

I
Defendant is willing to enter into an amicable settlement of the case,
under term and condition agreeable to both parties and submit to alternative
modes of dispute resolution;

II

Defendant admits the following facts:

A. The paragraph 1 and 2 of the complaint.

B. The paragraph 8, complaint insofar as to the death of


defendant’s husband also admits paragraph 10, complaint, as
regards the absence of plaintiff and her mother in the burial of
defendant’s husband.

III
Issues to be resolved are the following:

A. Whether or not the plaintiff has cause of action .

B. Whether or not this Honorable Court has jurisdiction over the


subject matter of the case.

C. Whether or not the plaintiff is the real party in interest.


D. Whether or not the plaintiff fails to comply with Sec. 4129(a),
local Government Code on Barangay conciliation and Sec 18 and
19, 1991 Revised Rule on Summary Procedure, in relation to sec.
12 and 13 Rule 70, Rules of Court .

E. Whether or not the plaintiff fails to shows proof that the


defendant actually received a demand letter to vacate the
subject property

F. Whether or not the plaintiff fails to give three (3) months’ notice
in advance prior to the filing of the case in violation of Sec. 9(e),
R.A. No. 9653.

G. Whether the complaint was filed harass the defendant.

III
The Defendant intends to present the following Documentary
evidence:

A. Certification to file action (Annex “E” , Complaint)

B. Sinumpaang Salaysay ( Annex “G” , Complaint)

C. Demand letter (Annex “F” , Complaint)

D. National Archives, Certification ( Annex “1”)

E. TCT NO. 174317 issued by the Register Of Deeds of Quezon City

IV
Defendants reserves the right to present additional documentary
evidence and witnesses in the course of the proceedings.

Respectfully submitted.

Caloocan City, January 18, 2011

PEOPLE’S LAW OFFICE


Counsel for the Defendant
Suite 511 Victoria Building
11th Avenue , Caloocan City

By:
JEREMIAH V. VILLANUEVA
ROLL NO. 55252
PRT NO. 0025641/1.28.10/Bulacan
IBP NO. 813769/1.26.10/Bulacan

COPY FURNISHED :
ATTY. LEILANI DACANAY- GRIMARES
Counsel for the Plaintiff
48 Periquet St., B.F. HEVA,
BF HOME, PARANAQUE CITY
EXPLANATION

The foregoing Pre-trial Brief was served by registered mail, personal


service not being practical due to the lack of messengerial personnel.