REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION MUNICIPAL TRIAL COURT OF BALAGTAS PROVINCE OF BULACAN SPOUSES MARCELO and

MILAGROS ORTEGA represented by their duly authorized and appointed attorney-in-fact, REMIGIO BALMEO, Plaintiff, versus ARRA CAMILE RUBIO, her family, assigns and all other persons acting under her, Defendant. x---------------------------------------------------x CIVIL CASE NO. 2222 For: EJECTMENT

PRE-TRIAL BRIEF
COMES NOW, the Defendant by counsel, and to this Honorable Court, respectfully submits this pre-trial brief containing the following: 1. Defendant is willing to enter into an amicable settlement of the case, under terms and conditions which are agreeable to both parties. Defendant is willing to submit the technical issues for resolution by technical experts. 2. Defendant admits the following facts: 2.1. 2.2. The personal circumstances of the parties stated in the Answer; Receipt of a demand letter dated March 20, 2012;

3. The issues which defendant raises are as follows; 3.1. 3.2. 3.3. 3.4. 3.5. Plaintiffs personality to seek legal relief; Plaintiffs entitlement to the possession of the property identified as Lot 1246 covered by Transfer Certificate of Title No. RT-6453 (T-106338) Plaintiffs entitlement amount claimed as damages and attorneys fees; Plaintiffs bad faith in filing this suit; Defendants entitlement to the claims made in his compulsory counterclaim as a result of plaintiffs bad faith. 4. Defendant intends to present the following documents, in connection with which the defendant requests from plaintiff their admission of their execution and due authenticity: 4.1. Exhibit 1 the Special Power of Attorney marked as Annex A-1

4.2.

Exhibit 2 the Deed of Absolute Sale between the Plaintiff-spouses Ortega and the Defendant Arra Camile Rubio

5. Defendant manifests his intention to resort to discovery procedures. 6. Defendant does not intend to amend his answer. 7. Defendant intends to present the following witnesses: a) Defendant Arra Camile Rubio, herself.

WHEREFORE, defendant prays that the foregoing be taken cognizance of. City of Malolos, Bulacan for Balagtas Bulacan, September 17, 2012

ANTONIO, BAUTISTA, GALURA, GONZALES, RAMOS, RUBIO AND ASSOCIATES By:

ALEXIS FRANCIS B. ANTONIO Counsel for Defendant Malolos City, Bulacan IBP No. 78901; 01/12/12 - Bulacan PTR. No. 2345678; 01/12/12 Bulacan Roll No. 123456 MCLE No. II 912345; 9/10/11

COPY FURNISHED BY PERSONAL DELIVERY TO:

ATTY. ANGELINA M. MARIANO Counsel for the plaintiffs

Republic of the Philippines) Province of Bulacan ) S.S.

AFFIDAVIT OF PERSONAL SERVICE

I, Juan Dela Cruz, under oath declare that: 1. I am the messenger of Atty. Alexis Francis B. Antonio, counsel for defendant Arra Camile Rubio in the case entitled Spouses Marcelo and Milagros Ortega vs. Arra Camile Rubio, Civil Case No. 2222, and that as such messenger I served upon the counsel of the adverse party and other parties, the pleading filed in said case as follows: Atty. Angelina M. Mariano, counsel for plaintiff Spouses Marcelo and Milagros Ortega, , by personal service, by delivering personally a copy of said pleading upon said lawyer who acknowledged receipt thereof as shown by her signature or initial on the said pleading, this 17th day of September, 2012. IN WITNESS WHEREOF, I have hereunto affixed my signature this 17 th day of September, 2012 at Malolos City, Bulacan. JUAN DELA CRUZ Affiant SUBSCRIBED AND SWORN to before me, in the City of Malolos, this 17 th day of September, 2012, the affiant exhibiting his CTC No. 98765432 issued at the City of Malolos, Bulacan on January 9, 2012 and Drivers License No. N25-1234567 issued by the Land Transportation Office on January 6, 2012.

EDITH D. GALURA Notary Public for Malolos City

Malolos City, Bulacan Appointment No. 456, Until December 31, 2012 IBP No. 34567; 01/12/12 - Bulacan PTR. No. 8901234; 01/12/12 - Bulacan Roll No. 789012 MCLE No. I 567890; 9/10/11 Serial No. of Commission M-456

Doc No. 90; Page No. 54; Book No. XLIV; Series of 2012