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Republic of the Philippines

MUNICIPAL TRIAL COURTS


BRANCH
Municipality of Santa Catalina
Province of Negros Oriental

JOSEFA M. TRIAS Case no. 423


Plaintiff

FOR:UNLAWFUL DETAINER WITH DAMAGES

-versus-

CRISTOBAL HORCEBA,ABUNDIO NAHID,


AND MELOGEN CALIMUTAN
Defendants
x----------------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENDANT

THE DEFENDANT, represented by the undersigned counsel,


respectfully submits to this Honorable Court this Pre-Trial Brief to wit:
I
BRIEF STATEMENTS OF CLAIMS AND DEFENSES
The defendant admits the following fact/s:
2.Paragraphs 1 and 2 of the complaint;
2.1 Plaintiff claims that defendants have no rights to occupy the
portion of the land with TCT no.1032011000481.
2.2 Defendants raise as a defense that they are entitle to occupy
the said land as per agreement with the previous owner of
the land.
II
PROPOSE STIPULATION OF FACTS
1) Defendants possess a valid agreement that allows them to occupy the
subject lot.
2) Defendants had pay the amount with the previous owner for them to
be allowed to toil and stay on the land.

1
II.
BRIEF STATEMENTS OF CLAIMS AND DEFENSES
The defendant admits the following fact/s:
2.Paragraphs 1 and 2 of the complaint;
2.1 Plaintiff claims that defendants have no rights to occupy the
portion of the land with TCT no.1032011000481.
2.2 Defendants raise as a defense that they are entitle to occupy
the said land as per agreement with the previous owner of the land.

III
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES
OF DISPUTE RESOLUTION

1) The defendant is willing to consider any amicable settlement or


undergo alternative modes of dispute resolution.
1.1 Provided that the plaintiff is open to settling the dispute amicably
subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from plaintiff.

IV.
ISSUE TO BE TRIED AND RESOLVED

3. Whether or not the defendant can be held liable of unlawful


detainer?
3.1 Whether or not the defendants has right to occupy the land
with TCT no.103-2011000481?
3.2 Whether or not the “ Kasunduan” Agreement between the
previous owner and the defendants are binding with new
owners ?

V.
DOCUMENTARY EVIDENCES TO BE PRESENTED

4.The defendant will present the following documents:

2
4.1 Copy of the “Kasunduan”------------“Exhibit 1”
4.2 Judicial Affidavit of CRISTOBAL HORCEBA ----“Exhibit 2”
4.3 Judicial Affidavit of ABUNDIO NAHID -“Exhibit 3”
4.4 Judicial Affidavit of MELOGEN CALIMUTAN ------“Exhibit 4”

VI.
WITNESSES TO BE PRESENTED

5.The defendant intends to present the following witnesses:


5.1 MR. CRISTOBAL HORCEBA- To established the fact that the agreement was signed
between previous owners and the defendants, that allows the defendants to stay and
occupy the land for a period of 15 years.
5.2 ABUNDIO NAHID,- To corroborate the statement of MR. CRISTOBAL HORCEBA.
5.3 MELOGEN CALIMUTAN- To corroborate the statement of the other two defendants.
Additional witnesses and other documentary evidence are hereby
reserved for presentation and proper identification during scheduled
hearing.
VI
RESORT TO DISCOVERY
6.1 Considering the relatively simple issues presented, plaintiff does
not intend to avail the discovery at this time.
6.2 Subject ,however,to concrete and reasonable request for
discovery from defendant ,plaintiff reserves the right to resort to
discovery before trial.

VII.
TRIAL DATES

Specifically every other tuesday of the month, with the regular


appearance of the undersigned counsel before this Honorable Court.

RESPECTFULLY SUBMITTED.
July 03, 2018

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ATTY.CRISTINE JOY JAGODILLA
Counsel for the Defendant
Ancheta Apartment Siliman Avenue Extension Dumagete City
PTR No. 01234; 1/4/2017
IBP No. 56789; 1/4/2017
Roll of Attorneys No. 11111
MCLE Compliance No. 22222; 1/4/2017

Copy Furnished by Personal Service:


ATTY. IAN BLANCO
Counsel for the Plaintiff
Dumaguete City

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