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Republic of the Philippines

REGIONAL TRIAL COURT


Branch 16
Cebu City

Noe Contiveros,
Plaintiff,
CIVIL CASE NO. CEB-4321
FOR: ACCION PUBLICIANA
- versus -

Philippa Ringel,
Defendant.
x----------------------------------------------------x

PRE-TRIAL BRIEF

The Petitioner, represented by the undersigned counsels as his


attorney-in-law, respectfully submits to this Honorable Court this
Pre-Trial Brief, to wit:

I.

POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE


MODES OF DISPUTE RESOLUTION

The Plaintiff is not willing to consider any amicable settlement


or undergo alternative modes of dispute resolution with respect to
the primary payer of this petition. However, the Petitioner is open to
the possibility of amicable settlement in relation to the alleged breach
of contract with the Defendant.

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II.

PROPOSED STIPULATION OF FACTS

The Plaintiff proposes the following stipulation of facts:

1. The plaintiff, Noe Contiveros, of legal age, Filipino


citizen, single, and with residence and postal address at #859-13-02
Nasipit Road, Talamban, Cebu City;

2. The defendant, Philippa Ringel, of legal age, Filipino


citizen, single, with residence and postal address at Paseo Lucy,
MLEP I, Banilad, Cebu City, where he may be served with summons
and other court processes;

3. The plaintiff is the owner of a property located at Paseo


Lucy, MLEP I, Banilad, Cebu City as evidenced by pertinent
documents such as TCT NO. 107-2011003385, Tax Declaration No.
GRC6-02-016-04952-TB, and Tax Declaration No. GRC6-02-016-04953-
TL marked as Annexes A, B, and C, respectively;

4. Sometime in April 24, 2005, herein plaintiff went to


Canada pursuant to his reassignment as Chief Computer Engineer of
XYZ IT Corporation;

5. He owned a house and lot which he inherited from his


deceased parents, located at Paseo Lucy, MLEP I, Banilad, Cebu City
containing an area of 473 square meters;

6. Upon his departure for Canada, sometime in April 24,


2005, he left the care and maintenance of the subject property to his
second cousin namely Shiela Bauzon;

7. However, on March 26, 2012, upon his visit in the


Philippines for a vacation, he learned that herein defendant is already

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occupying the subject properties when upon arriving at the premises,
he was barred to enter his own house;

8. Immediately thereafter, he confronted the defendant and


during their confrontation, the latter showed him an unnotarized
Deed of Absolute Sale dated January 6, 2010, containing his forged
signature;

9. Due to the fact that he has no place to stay, he was forced


to look for a place to stay;

10. Subsequently, herein plaintiff went to the Register of


Deeds to check if there was already a transfer of certificate of title.
Fortunately, the Transfer Certificate of Title remains in the name of
the plaintiff, as evidence by TCT No. 107-2011003385, attached herein
as Annex A;

11. On May 10, 2012 the plaintiff, through counsel sent a


demand letter to herein defendant asking the latter to vacate the
subject property, which was received by the defendant as evidenced
of her signature appearing in the lower part of the demand letter,
hereto attached as Annex D. However, the same served futile as the
defendant wantonly disregarded such demand letter;

12. On June 27, 2012, plaintiff was called back to report to his
work in Canada, but before leaving the country, the defendant sent
another demand letter dated June 25, 2012, attached herein as Annex
E;

13. Despite said aforementioned letters of demand and


repeated oral demands to vacate, the defendant failed and still
refused to leave the subject property;

14. On occasion of another vacation on July 16, 2013, plaintiff


discovered that the defendant has not yet vacated the premises and is
still asserting her rights over the subject property pursuant to her
unnotarized Absolute Deed of Sale;

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15. The foregoing circumstances prompted herein plaintiff to
institute this case and engage the services of a lawyer, and thus,
incurred the actual expenses amounting to FIFTY THOUSAND
PESOS (Php 50, 000.00) for attorneys fees;

16. Resulting from this case, the plaintiff was forced to rent a
place to stay and thus, incurred actual rental expenses of 10,000 per
month from March-June 2012 and at present P12,000.00 for month of
July-August or aggregate amount of P52,000.00 for actual damages;

17. That the case was not referred to the barangay because of
the fact that the parties are residing in different localities;

III.

ISSUES TO BE TRIED AND RESOLVED

The Plaintiff proposes the following issues to be tried and


resolved by this Honorable Court:

I. Whether or not the Defendant has acted in bad faith when


it refuses to vacate the subject property;

II. Whether or not the Defendant has legal right or colorable


title to claim to have right to possess the subject property.

IV.

DOCUMENTS TO BE PRESENTED

The Plaintiff will present the following documents:

1. Transfer Certificate of Title No. 107-201100385 containing the


name Noe Contiveros as owner of Lot 5 BLK 1, Paseo Lucy,
MLEP I, Banilad, Cebu City issued on 24th September 1981.

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2. Declaration of Real Property or Tax Declaration No. GRC6-02-
016-04953-TL for the year of 2011.

3. Tax Declaration No. GRC6-02-016-04952-TB for the year of


2012.

4. Letter of demand to vacate the subject property addressed to


herein defendant, Philippa Ringel dated May 10, 2011.

5. Letter of demand to vacate the subject property addressed to


Philippa Ringel date June 25, 2012.

6. Other documents as may be determined to be relevant to the


case during the course of the trial.

V.

WITNESSES TO BE PRESENTED

The Plaintiff will present the following witness:

1. Noe Contiveros will testify as to the truthfulness of her


allegations in the petition, particularly his legal right of possession
and ownership over the property in Lot 5 BLK 1, Paseo Lucy, MLEP I,
Banilad, Cebu City, and

2. Reserve to present other witnesses as the situation deems


necessary.

VI.

APPLICABLE LAWS AND JURISPRUDENCE

Pertinent provisions of the New Civil Code, and other


related laws and jurisprudence.

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VII.

AVAILABLE DATES FOR TRIAL

The Plaintiff respectfully requests that the trial dates be agreed


upon in open court at such dates and time convenient to the parties
and the calendar of this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed


unto this Honorable Court that the foregoing Pre-Trial Brief be duly
noted.

Cebu City, 12 August 2013.

REYES, TOLENTINO AND CRUZ LAW OFFICE


Counsel for the Plaintiff
Unit 133, Victoria Tower I
BJ Avila St., Capitol Site, Cebu City 6000
rtclawoffice@gmail.com/ (032) 505-5421

By:

LOUISE C. REYES
Counsel for Plaintiff
Unit 133, Victoria Tower I
BJ Avila St., Capitol Site, Cebu City 6000
Roll of Attorney No. 57488
PTR No. 97816; 01/01/13; Cebu City
IBP No. 654321, lifetime member, Cebu City
MCLE Compliance Certificate No. I-0135970

Copy furnished:

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JULIO IGLESIAS Received by:_________
Counsel for Respondent Date received:_______
Room 101, ABC Bldg., Salinas Drive, Lahug, Cebu City