Republic of the Philippines

8th Judicial Region

REGIONAL TRIAL COURT
Branch 34
Tacloban City

SPS. FELIX RAAGAS AND

HONORIA RAAGAS, Civil Case No. 2008-08-88
Plaintiffs,

-versus- For:
RECOVERY OF POSSESSION
AND ANNULMENT OF DEED
LICERIA RIÑOS AND OF SALE WITH DAMAGES
ELPEDIO RIÑOS, JR.,
Defendants.
x-----------------------x

PRE-TRIAL BRIEF
FOR THE DEFENDANTS

COME NOW the Defendants, by the undersigned counsel, unto this Honorable
Court, most respectfully submit their Pre-Trial Brief.

I. BRIEF STATEMENT OF DEFENDANTS’ CLAIM

The Defendants fenced a portion of Lot No. 9826, approximately 90 square

meters thereof sometime in 1991, and built their house thereon sometime on 1996. The
defendant Elpidio P. Riños, Jr., and his family occupied the newly-built house
immediately thereafter. Their new house adjoins the house of Plaintiffs where the latter
live.

The construction of the said house of defendant Elpidio P. Riños, Jr., was made
possible by virtue of a Deed of Sale involving 90 square meters of Lot No 9826
executed by Honoria Raagas on August 2, 1990 in favor of the defendant Liceria Riños
and her husband Elpedio V. Riños, Sr., (now deceased).

This case is solely anchored on the allegation that the Plaintiffs did not sell the
aforementioned portion to the Defendant. However, from the time the portion of Lot
9826 was fenced and the subsequent building of the house of the defendant within the
premises of Lot 9826, the Plaintiffs never lifted any finger to disturb the possession and
ownership of the defendants.

1
 The Plaintiffs did not file any case since 1991 to disturb the possession and
ownership of Defendants until the present case was filed.

II. ISSUES

A. WHETHER OR NOT THE SUBJECT PARCEL OF LAND, MORE OR

LESS 90 SQUARE METERS OF LOT 9826, WAS VALIDLY ACQUIRED
BY DEFENDANTS

B. WHETHER OR NOT THE PLAINTIFFS ARE LIABLE FOR DAMAGES

BY REASON OF THIS CASE.

III. DOCUMENTS TO BE PRESENTED

The Defendants intend to present in evidence the Deed of Sale executed by

Honoria Raagas in favor of Liceria P. Riños dated August 2, 1990 and the sketch plan/s
of Lot Nos. 9825, 9826 and 9827. The Defendants likewise reserve the right to present
additional documents to prove their claim.

IV. AMICABLE SETTLEMENT

The plaintiffs are more than willing to amicably settle the case under the terms
and conditions that are just and equitable.

RESPECTFULLY SUBMITTED.
Tacloban City, July 7, 2009.
THE PUBLIC ATTORNEY’S OFFICE
(Counsel for the Defendants)
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

By:

NEMITZ F. NEGADO
Public Attorney II
Roll of Attorney’s No. 40747
IBP No. 05045 (Lifetime)
MCLE Compliance No. II - 0012821
(September 29, 2008)

Copy furnished:

ATTY. DANIEL D. MATRIANO

(Counsel for the Plaintiffs)
164 Avenida Veteranos
Tacloban City