Republic of the Philippines

10th Judicial Region

MUNICIPAL TRIAL COURT
BRANCH 1
Surigao City, Surigao del Norte

BENNY BILANG
Plaintiff,

-versus- CIVIL CASE No. 1234

For: Ejectment (Unlawful Detainer)

LUCKY T. TINIO
Defendant.
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PRE-TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his PRE-TRIAL BRIEF,
as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

Subject to a concrete proposal that is fair and reasonable and a

reciprocal manifestation of openness from the Defendant, Plaintiff is
open to the possibility of amicably settling this dispute.

II. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

1) Defendant admits the personal circumstances of the Plaintiff as stated

in the Complaint;

2) Defendant admits that the Plaintiff is the owner of a two-storey house

located at 345 P. Reyes St., Surigao City which is covered by Transfer
Certificate of Title No. 0001;

3) Defendant admits the existence of a valid Contract of Lease executed

by and between him and the Plaintiff for the aforementioned two-
storey house;

4) That the said Contract of Lease specifically provides that “the

premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is
hereby expressly agreed that if at any time the premises are used for
 other purposes, the LESSOR shall have the right to rescind this
contract without prejudice to its other rights under the law”;

5) That on October 15, 2014, Plaintiff went to the leased premises only
to discover that sacks of rice was stored in the first-storey of the
house;

6) That after his discovery, the Plaintiff immediately sent the Defendant
a Letter of Demand to cease using the premises for non-residential
purposes, which was received by the Defendant as shown in the letter
itself;

7) That on January 1, 2015, the Plaintiff sent the Defendant a Letter of

Demand to pay the unpaid rentals and to vacate the premises, which
was received by the Defendant as shown in the letter itself;

8) That the Defendant continues to occupy the leased premises up to the

present despite the repeated written and oral demands to vacate made
by the Plaintiff;

9) That the acts of the Defendant compelled the Plaintiff to incur

litigation expenses consisting of attorney’s fees in the amount of
FIFTY THOUSAND PESOS (Php 50,000.00) and other litigation
expenses consisting of filing fees, cost of transportation and other
miscellaneous expenses to be incurred in attending the hearings of this
case.

III. ISSUES TO BE TRIED OR RESOLVED

Plaintiff submits the following issues:

1) Whether or not defendant can be ejected for UNLAWFUL

DETAINER under Rule 70 of the Revised Rules of Court.

2) Whether or not plaintiff is entitled to damages.

IV. DOCUMENTS OR EXHIBITS TO BE PRESENTED

Plaintiff intends to present the following documents:

1) Exhibit “A”: a Transfer of Certificate of Title No. 6010 issued by the

Register of Deeds of Surigao City;

2) Exhibit “B”: Contract of Lease by and between the Plaintiff and

Defendant;
 3) Exhibit “C”: Letter of Demand from Plaintiff to Defendant on Non-
Residential Use of Leased Premises;

4) Exhibit “D”: Letter of Demand from Plaintiff to Defendant on

Payment of Outstanding Rentals;

5) Exhibit “E”: Certificate to File Action issued by Barangay Taft

officials;

6) Exhibit “F”: Affidavit of Plaintiff Benny Bilang;

7) Exhibit “G”: Affidavit of neighbor Anne O. Fender;

8) Plaintiff reserves the right to present any and all documentary

evidence which shall become relevant in the course of trial.

V. RESORT TO DISCOVERY

1) Considering the relatively simple issues presented, Plaintiff does not

intend to avail of discovery at this time.

2) Subject, however, to a concrete and reasonable request for discovery

from Defendant, Plaintiff reserves the right to resort to discovery
before trial.

VI. NUMBERS AND NAMES OF WITNESSES

Plaintiff does not intend to present any witnesses considering the summary
nature of the case.

RESPECTFULLY SUBMITTED.

Surigao City; 22 February 2015.

ATTY. JAMAICA M. DACUTANAN

Counsel for the Plaintiff
Surigao City
Roll of Attorneys No. 69010
IBP No. A-1234567, 06/06/06, Surigao City
PTR No. A- 1234567, 06/06/06, Surigao City
Copy Furnished through Personal Service:
ATTY. DAISY MAE LUINOR A. LABASTIDA
Counsel for the Defendant