REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 62 - GUMACA
QUEZON

EDUARDO RICAMARA
Plaintiff, CIVIL CASE NO.3150-G

- versus- - for -

EDGARDO GRACIA,
SPS. CESAR RAMIREZ RECOVERY OF
POSSESSION
and MERCEDITA GARCIA WITH DAMAGES
Defendants.

x--------------------------------------------------x

TRIAL BRIEF FOR THE PLAINTIFF

COMES NOW, the plaintiff, through the undersigned counsel, unto this Honorable
Court, most respectfully submits its trial brief to wit:

BRIEF STATEMENT OF FACTS\

The plaintiff is the absolute owner of a parcel of land situated in Brgy. Tuhian,
Catanauan, Quezon, which property is more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. T-19436

“ A parcel of land(Lot 234 of the subdivision plan, Psd 04-051536 (AR) being a
portion of Lot 2395, PSC-2, Catanauan Cadastre, L R C Record No.), situated in the
Bario of Tuhian Municipality of Catanauan, Province of Quezon, Island of Luzon.
Bounded on the SW., along line 1-2 by Lot 237; on the NW., and Lot 233 ;
 and on the SE., along line 5-1 by Lot 235, all of the subdivision plan. Beginning
at a point marked “1” on the plan being N. 67 deg. 57’ W., 2389.61 m. from BBM No.
35, Psc-2, Catanauan Cadastre, thence x x x; containing an area of TWENTY NINE
THOUSAND TWO HUNDRED FIFTY FOUR )29, 254) SQUARE METERS, more or
less.

With an assessed value of P29,950.00 under PRO. Ind. No. 015-08-046-001-035.”

He acquired the aforesaid property as farmer beneficiary through the Comprehensive

Agrarian Reform Program of the Department of Agrarian Reform and paid its price with the
government.

In 2003 defendant Edgardo Gracia requested the plantiff to allow him to put up a small
hut within plaintiff’s property near the seashore which will be used in tending his fishpen.

The plaintiff acquiesced to such plea but informed defendant Garcia that he will have to
vacate the said portion voluntarily in the event that the former shall need the same, to which
defendant Edgardo Garcia agreed.

After few year, the plaintiff noticed that defendant Edgardo Garcia started clearing
portion of the plaintiff’s property and when he realized that the area gets bigger and bigger, the
plaintiff restrained defendant Garcia from further clearing the property.

As soon as the plaintiff prohibited the defendant from further clearing the property, the
latter would employ the scheme of stopping from cleaning the plaintiff’s land whenever Mr.
Ricamarais around and as soon as he is out of sight, the defendant would continue.

Thereafter, the defendant Edgardo Garcia started planting coconuts within the plaintiff’s
property, to which the latter reacted by prohibiting said defendant from further planting.

In the year 2006, defendant Edgardo Garcia went to Mindoro Province leaving his hut
and the planted portion of the plaintiff’s property to defendant spouses Cesar Ramirez and
Mercedita Garcia, who vocally represented themselves as the overseer of the defendant Edgardo
Garcia and they likewise told the plaintiff that they will not leave the portion of the property as
derived possession from defendant Edgardo Garcia.

Aside from the plantings of Edgardo Garcia, the defendant spouses likewise planted the
area with corn and to date the portion already encroached by the defendant is about ¼ of the
plaintiff’s property and their endeavor to increase the area of their possession to the damage and
prejudice of the plantiff.
 PROPOSAL FOR ADMISSION/STIPULATION OF FACTS

1. That the instant case is within the jurisdiction of this Honorable Court.

2. That the plaintiff is the absolute owner of the property on question and he acquired
the same as farmer beneficiary through the Comprehensive Agrarian Reform Program
of the Department of Agrarian Reform and paid its price with the government.

3. That the defendant Edgardo Garcia requested the plaintiff to allow him to put up a
small hut within the latter’s property with an agreement if ever the plaintiff needs the
same he will voluntarily vacate the premises.

4. Tha defendants encroached an area of almost ¼ of the plaintiff’s property and their
endeavor to increase the area of their possession to the damage and prejudice of the
plaintiff.

5. That notice/demand letter to vacate the property was sent to the defendants but the
latter refused to comply with the said demand and several negotiations between the
parties.

ISSUES

WHETHER OR NOT THE PLAINTIFF IS ENTITLES TO EPACEFUL POSSESSION

OS HIS PROPERTY AND RECOVER THE ARE POSESSED BY DEFENDANTS.

WHETHER OT NOT DEFENDANTS ARE HELD LIABLE FOR THE DAMAGES

BEING CLAIMED BY THE PLAINTIFF IN VIEW OF THEIR DEFIANCE TO VACATE
AND PEACEFULY DEKIVER POSSESSION OVER THE PROPERTY.

APPLICABLE LAWS

The pertinent provisions of the Civil code on Possession, Ownership and Damages, and
other allied laws are applicable to the instant case. The Rules on Evidence and relevant decisions
of the Supreme Court bearing similar facts and issues are also applicable in this case.
 DOCUMENTARY EXHIBITS TO BE PRESENTED

The plaintiff shall submit the following annexes attached in the complaint, to wit:

1. Transfer Certificate of Title No. T-19436

2. Tax Declaration No. 08-0046-00110

3. Katibayan upang Makadulog sa Hukuman

4. Demand Letter dated January 27, 2011

5. Return Card addressed to Edgardo Garcia c/o Cesar Ramirez and Mercedita

Garcia

6. Return Card addressed to Cesar Ramirez and Mercedita Gracia Ramirez

The plaintiff likewise reserves the right to submit and mark documentary evidence during

the course of the trial.

PROPOSAL FOR AMICABLE SETTLEMENT

The plaintiff id very much willing to have the case amicably settled and it is

hereby expressing its willingness to do so, provided that they will vacate the property peacefully

and remove all the improvements introduced thereon.

DATE OF HEARING

Subject to availability of the counsels and the convenience if the Honorable Court.
 PRAYER

WHEREFORE, premises considered, it is mots respectfully prayed of this Honorable

Court to consider the foregoing trial-brief for the plaintiff.

Plaintiff further prays for such other relief which this Honorable Court may deem just and

equitable under the premises.

Macalelon for Gumaca, Quezon.

February 9, 2016

Respectfully submitted,

VICTOR P. GAEZ
Counsel for the Plaintiff
Macalelon, Quezon
PTR No. 92323 2/09/16
IBP Roll No. 9583 2/27/15
Roll No. 42897
Quezon Chapter
MCLE Compliance No. B-00126845
December 4, 2015
 NOTICE

THE CLERK OF COURT

Regional Trial Court
Branch 62, Gumaca Quezon

Please submit the foregoing pleading to the Honorable Court for his Honor‘s
consideration aand approval thereof.

VICTOR GIMENEZ

EXPLANATION

Pursuant to Rule 13, Sex 11 of the Rules of Court, the filing and service of the foregoing
pleading were coursed through postal service due to distance involved.

VICTOR GAEZ
Copy Furnished:

ATTY. LARRY QUIZON

Counsel for the Defendants

Bansud, Oriental Mindoro