Republic of the Philippines

Fifth Judicial District

REGIONAL TRIAL COURT
Iloilo City
Branch ___

KATRINA B. KAPUNAN
Plaintiff,

Civil Case No._______

-versus- For: Accion Reivindicatoria,
Quieting of Title and
Damages With Prayer for
Preliminary Mandatory
Injunction

SPOUSES KARLA CELERIAN AND GEORGE CHRISTOPHER DOLAR,

Defendants.

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

PRE-TRIAL BRIEF
(for the defendants)

DEFENDANTS, through counsel, unto this Honorable Court, most

respectfully submit the instant pre-trial brief and hereby avers, thus:

BRIEF STATEMENT OF CLAIMS.

The property in question, located in Southville Subdivision, Brgy. North

San Jose, Molo, Iloilo City, was bought by defendant-spouses Karla Celerian
and George Christopher Dolar (Spouses for brevity) from Ms. Ruby Gamayao.
Said property was bought from Southville Subdivision through their Property
consultant, Ruby Gamayao with complete documents and clean title in the
amount of Eighty Million Pesos (Php 80,000,000.00) secured through a check.

In May 2016, after the sale was completed, defendants lived and
managed the property since then. Spouses began constructing a one-storey
residential building on the said property. The building was finished after three
(3) months.
In December 2016, a certain Katrina Kapunan arrived at the property
and claimed to be it’s rightful owner. She sent letters demanding defendants
to surrender the property and vacate it’s premises. She also presented
Original Certificate of Title No. 123456 and claimed that the Transfer
Certificate of Title No. 118888 was invalid.

Defendants aver the veracity of TCT 118888 and the truthfulness of

the Deed of Sale which was the basis of the transfer of the property in the
name of Ruby Gamayao.
Defendants also aver that they are not liable to pay any damages to
plaintiff since they acquired the property honestly and in good faith, relying on
the documents presented to them by Southville Subdivision through their
Property consultant, Ms. Gamayao.

AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE

RESOLUTION
Defendants are willing to enter into an amicable settlement; Likewise,
if applicable, Defendants are willing to submit the case to any of the
alternative modes of dispute resolution;

STATEMENT OF ISSUES
Defendants hereby submits the following issue/s for trial and
subsequent resolution of this Honorable Court, viz:
a. Whether or not plaintiff has legal or equitable title to the property in
question based on OCT No. 123456;
b. Whether or not the Defendant is liable to pay actual damages,
rental arrears, litigation costs, and attorney’s fees.
 WITNESSES
The witnesses to be presented by the petitioners are as follows, viz:
a. MA. RUBY GAMAYAO - Property consultant of Southville
Subdivision. Seller of parcel to Spouses;
b. MAECYN BALCENA - Secretary of Gamayao’s Office;
c. MICHELLE GAYANILO - The lady butler of Spouses who facilitated
the sale of the property and the transfer of the title to the name of the
former, to testify on the truthfulness of the documents which are
being alleged by plaintiff to have been fraudulently acquired.
d. JEREMIAH BANTIGUE - Secretary, Salaya Alobin Law Office
e. JOE OSAL - Neighbor and close family friend of the spouses

DOCUMENTARY EXHIBITS
a. Marriage Certificate of Defendant Karla Celerian and George
Christopher Dolar;
b. Birth Certificate of Defendant Spouses;
c. Deed of Sale of Lot No. 3805 located in Southville Subdivision,
Brgy. North San Jose, Molo, Iloilo City;
d. Transfer Certificate Title no. 118888;
e. Excerpt from Barangay Meeting during the conference before the
Lupon ng Tagapagpayapa.
f. Check No. 1234567890

APPLICABLE LAWS AND JURISPRUDENCE

a. The pertinent provisions of the Civil Code of the Philippines,
particularly, Articles 433[1], 434[2], and 477[3].
b. And other related procedural and substantive laws.

AVAILABLE TRIAL DATES

 The undersigned counsel shall make themselves available on the trial
dates agreed by the parties for complete presentation of evidence which must
be within a period from the first day of trial.

SUBMISSION OF JUDICIAL PLEADINGS

Herein defendants would like to submit judicial pleadings which shall
constitute the direct testimony of defendants witnesses subject to the cross-
examination by respondents or their counsel in order to facilitate the early
disposition of the instant case.

[1] Art. 433, Civil Code of the Philippines: “Actual Possession under claim of ownership raises a
disputable presumption of ownership. The true owner must resort to judicial process for the recovery of
the property.”
[2] Art. 434, ibid.: “In an action to recover, the property must be identified, and the plaintiff must rely on
the strength of his title and not on the weakness of the defendant’s claim.
[3] Art. 477, ibid.: “The plaintiff must have legal or equitable title there to, or interest in the real property
which is the subject-matter of the action. He need not be in possession of said property.”

RESERVATION OF TESTIMONIAL AND DOCUMENTARY EVIDENCE

Defendants hereby reserve the right to present additional testimonial
and/or documentary evidence in the course of the trial as they may deem fit
and necessary towards the successful litigation of their causes of action.

MOST RESPECTFULLY SUBMITTED.

04 June 2019, Iloilo City, Iloilo, Philippines.

ATTY. LEYIKA S. SOLDEVILLA

Notary Public
City and Province of Iloilo
Commission No. 8008 Valid Until December 31, 2021
IBP No.: 05281985 /June 7, 2018/Pasig City
Roll No.: 877877
MCLE Compliance No.: 8888/June 8, 2018
PTR No.: 2490959/June 9, 2018/ Pavia, Iloilo
TIN 701-214-731
Soldevilla & Prias Law Offices
Evangelista St., Pavia, Iloilo
 Tel. No. (033) 5234965

Copy furnished:

Atty. Mark Gregory T. Salaya Atty. Flor Kenneth Alobin

Counsel for Defendant Counsel for Defendant
Unit A, 172 General Luna Street, Unit A, 172 General Luna Street,
Barangay Durog, Barangay Durog,
Iloilo City, Iloilo Iloilo City, Iloilo

EXPLANATION

A copy of the instant Pre-Trial Brief was registered mail and

personally served on the counsel for Plaintiff LEYIKA S. SOLDEVILLA.

ATTY. MARK GREGORY T. SALAYA

Notary Public
City and Province of Iloilo
Commission No. 1234 Valid Until January, 2021
IBP No.: 14344 /August 30, 2015/Pasig City
Roll No.: 083088
MCLE Compliance No.: 43218/August 30, 2015
PTR No.: 915142/Nov 13, 2018/ Tigbauan, Iloilo
TIN 321-321-654
Salaya & Alobin Law Offices
General Luna Street, Iloilo City, Iloilo
Tel. No. (033) 5117719

ATTY. FLOR KENNETH ALOBIN

IBP No.: 321233 /February 14, 2015/Pasig City
Roll No.: 14344
MCLE Compliance No.: 12341/January 3, 2015
PTR No.: 97531/May 16, 2018/ Alimodian, Iloilo
TIN 987-654-321
Salaya & Alobin Law Offices
General Luna Street, Iloilo City, Iloilo
Tel. No. (033) 5117719