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Republic of the Philippines

REGIONAL TRIAL COURT


Third Judicial Region
Branch 11
Malolos City, Bulacan

EVELINDA E. NAVARETE
Plaintiff,

-versus- CIVIL CASE NO. 42-M-


2019
For: Specific
Performance

THE ROMAN CATHOLIC ARCHBISHOP


OF MANILA and THE PHILIPPINE REALTY
CORPORATION-ATTORNEY-IN-FACT REV.
FR. ANDY ORTEGA LIM
Defendants.

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

PRE-TRIAL BRIEF
COMES NOW Plaintiff, by counsel, respectfully submits her
Pre-Trial Brief, as follows:

I. BRIEF STATEMENT OF CLAIMS AND DEFENSES AND WILLINGNESS


TO ENTER INTO AN AMICABLE SETTLEMENT/COMPROMISE

This is an action for Specific Performance with Damages under the

applicable provisions of Articles 1165, 1167, 1170 and 1315 of the New Civil

Code.

1.1 Plaintiff alleges in her Complaint, viz: a) that the defendants

sold a parcel of land under TCT No. 212309 situated in

Santol, Balagtas, Bulacan; b) that the plaintiff has paid an initial

down payment upon execution of the contract to

sell; c) that full payment of the contract price was

made by the plaintiff ; d) but the defendants refused


to execute an absolute deed of sale despite full

payment and notice thereof; e) that defendants in a

conference held in their offi ce made a commitment

to execute the said deed of absolute sale but failed

to do; f) as a result of such failure, the plaintiff has

incurred damages.

1.2 The relief prayed for is the consummation of the

sale by compelling the Defendant to execute an

absolute deed of sale, deliver duplicate owner’s

transfer certifi cate of title and to recover damages

amounting to TWO-HUNDRED TWENTY FIVE THOUSAND

(P225, 000.00) more or less and in addition the cost of suit.

1.2 The Plaintiff is willing to enter into an amicable settlement


with the Defendant according to the following terms:

a.)That Defendant shall execute the absolute deed of


sale in favor of the plaintiff and deliver the original
transfer certificate of title;

b.)That Defendant shall pay damages amounting to


TWO HUNDRED TWENTY FIVE THOUSAND
(225,000.00)

c.)That Defendant shall also pay the cost of the suit.

II. PROPOSED FACTS

2.1 That the plaintiff paid the full purchase price as stipulated in the

contract amounting to SIX HUNDRED FIFTEEN THOUSAND THREE

HUNDRED (Php 615,300.00);

2.2 That despite full payment of the contract price, the defendants

refused to execute an absolute deed of sale in favor of the herein plaintiff;

2.3 That the defendants during a meeting held in their office

committed to execute the said deed in favor of the herein plaintiff;

2.4 That the plaintiff’s father was a lawful possessor and occupant

recognized by The Philippine Realty Corporation.


III. ISSUES TO BE TRIED

Whether or not the defendant in bad faith failed to


perform its contractual obligation in favor of the plaintiff to execute
an absolute deed of sale despite full payment of the contract price
as agreed in the contract to sell.

Whether or not the plaintiff is entitled to moral damages,


attorney’s fees and cost of suit

IV. EVIDENCE

4.1. Plaintiff intends to present the following documentary evidence:

4.1.1 Contract to Sell - - - - - Annex “A” and series;

4.1.2 Certification of full payment including official receipts - - - -

- Annex “B”; “C” and “D”.

4.1.3 Demand Letter and proof of mailing addressed to

defendants demanding for the execution of the absolute deed of

sale-------- Annex “E” and “ F”.

4.1.4 Philippine Realty Corporation’s Sketching Notification

---------- - - - - - Annex “G”;

4.1.5 Text messages for the conference held in December 6,

2018-------Annex H and series;

4,1.6 Copy of the letter from defendants’ counsel dated

August24, 2018------------------------Annex I.

4.2. Plaintiff reserves the right to submit any and all documentary

evidence, which shall become relevant to rebut defendants’ claims in the

course of trial as well as any other witnesses whose testimony will become

relevant to belie defendants’ witnesses, if necessary and subject to the rules

of court.
V. RESORT TO DISCOVERY

5.1. The Plaintiff intends to avail the mode of discovery under Rule

27 of the Rules of Court, for the production of the original Certification of full

payment issued by The Philippine Realty Corporation which the plaintiff got

only through email from the defendants’ representative.

VI. WITNESSES

6.1 Plaintiff intends to present the following witnesses and their


respective testimonies:

6.1.1 Evelinda Navarete – will testify on the events that


transpired from the start of the transaction until the filing of this
case including her frustration and the subsequent damages she
has incurred;

6.1.2 Antonio – will testify as a witness to the written contract of


sale and the identity of the parties;

RESPECTFULLY SUBMITTED this 22nd of August 2019 at Malolos City.

ATTY. FERDINAND H. RAMOS


Counsel for the Plaintiff
Roll Number 70451
PTR No. 1685979 issued on 1.03.19 at Balagtas, Bulacan
IPB No. 088767 ;06/26/2019
MCLE No. VI-0007316; 04/12/2018 valid until 04/14.2022
Office Address : Unit No. 3 2nd Floor Jesus Austria Building
Wawa, Balagtas, Bulacan

Copy Furnished:
In open court

FRANCISCO NAVARRO & ESCOLAN LAW OFFICE

Atty. HERBERT PAUL J. FRANCISCO