REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
QUEZON CITY, BRANCH 35

JAIRUS LIMBAGAN CIVIL CASE NO. 20432

Plaintiff, For: Forcible Entry

- Versus -

JUAN DELA CRUZ

Defendant
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PRE-TRIAL BRIEF

Plaintiff, through counsel, and unto this Honorable Court, most

respectfully submits its Pre-Trial Brief as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a

concrete proposal that is fair and reasonable and a reciprocal manifestation
of openness from defendant;

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff

respectfully submits that the desired terms of any amicable settlement would
involve, first, an admission of amount due and owing to plaintiff and,
second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant unlawfully deprived him of a portion

of his property through strategy and stealth.

2.2 Defendant, through stealth and strategy, occupied the parcel of land
in question and refuses to vacate the same despite repeated oral and written
demands. (Copy of the written demand is hereto attached as Annex “C”);
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III. PROPOSED STIPULATION OF FACTS

The following facts are submitted for stipulation and/or admission by the
defendant:

1. The identity of the defendant JUAN DELA CRUZ as the same person
charged in the Complaint;

2. That the defendant entered and constructed a house of light materials

in the lot subject matter of this case at the time or period alleged in the
Complaint;

3. That the plaintiff is the lawful owner of the subject property as

evidenced by Certificate of Title No. 12345 issued by the Register of
Deeds Imus City marked as Exhibit “A”;

4. That the plaintiff is in peaceful possession of the subject property until

defendant deprived the plaintiff possession of the lot occupied by the
latter through strategy and stealth at the time alleged in the Complaint;

5. That plaintiff sent a demand letter on September 25, 2020, which the
defendant duly received on the same date;

6. That the plaintiff submitted the matter to Barangay Unfairville, the

latter conducted conciliation proceedings, however no settlement was
reached at the Barangay level;

IV. ISSUE

Whether or not the defendant is liable for Forcible Entry as defined in

Rule 70 Section 1 of the Rules of Court.

V. DOCUMENTARY EXHIBITS FOR THE PLAINTIFF

EXHIBITS DESCRIPTION

“A” Certified true copy of a Transfer Certificate

ofTitle No. 12345 issued by the Register of
Deeds
Quezon City;
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“B” Original copy of the Demand Letter dated
September 30, 2013;
“B-1” Signature of Plaintiff Manuel A. Hipolito;

“B-2” Handwritten entry, as received and signedby

defendant Adela Corpuz with date September
30,
2013 appearing in the lower right hand portion
of
Exhibit “B”;

“C” Certified true copy of a Certificate to File

Action
in Court dated October 30, 2013 signed by
Jefferson Baua, Lupon/Pangkat Chairman of
Brgy. San Isidro, Quezon City;

“C-1” Signature of Lupon/Pangkat Chairman

Jefferson Baua of Brgy. San Isidro, Quezon
City.

VI. WITNESSES FOR THE PLAINTIFF

The Plaintiff will present the following witnesses, viz:

1. Plaintiff Jairus Limbagan, to identify and authenticate, among

others, Exhibit “B” and itssubmarkings“B-1” and “B-2”, and to prove
the material allegations in the Complaint;

2. Franco Genesis, Deputy Register of Deeds of Imus City or, in case of

his unavailability, any other equally competent representative from
the Office of the Register of Deeds, Quezon City – to identify and
authenticate Exhibit “A” and prove the material allegations in the
Complaint;

3. Mr. Jose Manalo to prove the material allegations in the Complaint;

4. Mrs. Maria Manalo to prove the material allegations in the

Complaint;

5. Jefferson Baua, Lupon/Pangkat Chairman of Brgy. San Isidro,

Quezon City – to identify and authenticate Exhibit “C” and
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submarking“C-1” and to prove the material allegations in the
Complaint;

VII. TRIAL DAYS NEEDED

The plaintiff will need at least five (5) days to present its documentary
and
testimonial evidence.

VIII. RESERVATION

The plaintiff reserves the right to present additional documentary

evidence and witnesses in the course of the trial for good cause shown.

Respectfully submitted.

Imus City, September 29, 2020.

ATTY. AMBROSIO J PUNONGBAYAN

Counsel for the Plaintiff
Imus City
Roll of Attorneys No. 5678918
IBP No. A-2468923
PTR No. A- 5487996
MCLE No. A-2299963

Copy furnished:
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