Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch 2
Tarlac City

MARIA JUAN as an heir of Pedro and

Petra,
Plaintiff,

Civil Case No.5555

- versus

Other heirs of Pedro and Pedra namely

JOSE, MARIO and PEDRO and
all other persons claiming under them,
Defendants,
x - - - - - - - - - - - - - - - - - - - - - - - - - -----x

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

A. STATEMENT OF FACTS AND CASE

This is a complaint for partition against defendants involving a parcel of land located
at Barangay Aguso, Tarlac City (as per tax declaration No. 143-44556 under lot no. 02).
Spouses Petra and Pedro (both deceased) are the owners of the said parcel of land
consisting Ten Thousand (10,000 sq. m.) square meters or one (1) hectare covered by TCT
NO. 092664 as Lot 02 with an assessed value of Fifteen Thousand Pesos (P15,000.00).

Sometime in year 1981, defendant Jose was given one-third (1/3) of the subject land
as dowry to his wife in the same manner that 2/3 portion was also given as dowry to both
wives of defendants Mario and Pedro. The couples took possession of the properties and
cultivated the same, but the Certificates of Title remained in the donor's names.

Plaintiff Maria, one of the children of Petra and Pedro (defendants sister) now
claims for her 1/4 portion in the subject property as her rightful share. However, defendants
refuse to give it on the ground that it was given to them by their deceased parents as dowry
during their respective marriages.
 The continuing failure and refusal of the defendants to give the portion of the subject
land notwithstanding the fact that plaintiff has the right over it, compels the plaintiffs to
file this case against defendants;

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.

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. Transfer Certificate of Title No. 092664

B. Tax declaration No. 143-44556
C. Barangay Certification to File Action

Plaintiffs also proposed to stipulate on the following facts-

a. Plaintiff was deprived of her legitime
c. That the donation is inofficious and it impaired plaintiffs 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 plaintiffs
allegations and claims set forth in the complain.

G. DOCUMENTARY EVIDENCE

Plaintiffs request the marking as exhibits of the following documents:

1.) Transfer Certificate of Title No. 300820. (Exhibit A)

2.) Tax declaration No. 0021-00317. (Exhibit B)
3.) Barangay Certification (Exhibit C)

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 Attorneys 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 defendants counsel through registered
special mail considering the distance between the address of defendants counsel and the
undersigned counsel. Moreover, the office of the undersigned has no personnel to effect
personal service to the defendants.

KAREN R. CAYETANO