Pre Trial Brief

Republic of the Philippines REGIONAL TRIAL COURT Fourth Judicial Region Branch No.________ Bauang, La Union ---------- 0-----------

MILAGROS ANITA C. GUERRERO and DARREN E. GUERRERO, Plaintiffs,

--versus--

CIVIL CASE No.________ For DECLARATION OF  NULLITY OF THE DEED OF ASSIGNMENT, SPECIFIC PERFORMANCE AND DAMAGES

DANTE A. GUERRERO, SAN MIGUEL PROPERTIES, INC., REGINA G. ORTIZ and RICHARD C. CORIA, Defendants

x-------------------x----------------------------------------------x -----x PRE-TRIAL BRIEF FOR THE PLAINTIFF

COMES NOW, plaintiffs, and to this Honorable Court respectfully submit this pre-trial  brief to wit: I. POSSIBILITY OF SETTLEMENT:

Plaintiffs is willing to have this case amicable settled. They are willing to enter into a reasonable and favorable settlement with the defendants: II. A SUMMARY OF ADMITTED FACTS:

1. The identity of the parties. 2. Their capacity to sue and be sued.

III. PROPOSED STIPULATION OF FACTS:

1. That plaintiff Milagros Anita C. Guerrero was married to the defendant Dante A. Guerrero and the plaintiff Darren E. Guerrero was the acknowledged son of the defendant Dante A. Guerrero . 2. That in 2004, the defendant Dante A. Guerrero acquired from the defendant San Miguel Properties, Properties, Inc. a residential residential house and lot ( Subject Property) for a consideration of One Million One Hundred Sixty Nine Thousand Six Hundred Sixteen Pesos ( PhP 1,169,616.00) payable in installments for five (5) years through a Contract to Sell.

3. That in 2008,the defendant Dante A. Guerrero through a request letter addressed to the defendant San Miguel Properties, Inc. included the plaintiffs in the documents of the  property. 4. That the property having been acquired by the defendant Dante A. Guerrero during his marriage with plaintiff Milagros Anita G. Calica is part of the spouses absolute community of property. 5. That defendant San Miguel Properties, Inc. informed the plaintiff Milagros Anita G. Calica, that the account of defendant Dante A. Guerrero was delinquent; the plaintiff Milagros Anita G. Calica showed her willingness to pay and deposited the payment for the installments for the months of May and June 2010 amounting to Fifty Five Thousand Pesos (PhP 55,000.00) in the bank account of the defendant San Miguel Properties, Inc. upon the latter’s i nstructions. 6. That the subject property was assigned by the defendant Dante A. Guerrero to the defendants Regina G. Ortiz and Richard C. Coria with the conformity of defendant San Miguel Properties Inc on June 2010. IV. ISSUES

1. Whether or not the Deed of Assignment executed in favor of the defendants Regina G. Ortiz and Richard A. Coria with the conformity of of the defendant San Miguel Properties, Inc. involving subject property valid. 2. Damages. V. DOCUMENTARY EVIDENCE

1. Marriage Certificate of Dante A. Guerrero and Milagros Anita C. Guerrero Purpose: To prove the marriage of the plaintiff Milagros Anita C. Guerrero and defendant Dante A. Guerrero and subject property is part of their absolute community of  property . 2. Certificate of Acknowledgement of Darren E. Calica Purpose: To prove filiation and interest of Darren A. Calica over the subject property 3. Application for Reservation and Contract to Sell executed between Dante A. Guerrero and San Miguel Properties, Inc. Purpose: To prove the acquisition of the subject property by the Dante A. Guerrero. 4. Letter of Request for the Inclusion of Milagros Anita C. Guerrero and Darren E. Guerrero Purpose: To prove the interest of Milagros Anita C. Guerrero and Darren E. Guerrero over the subject property.

5. Bank Deposit Slips Purpose: To prove payment of Milagros Anita C. Guerrero of the installments for the subject property and to negate her consent in the execution of the Deed of Assignment.

6. Deed of Assignment Purpose: To prove that Dante A. Guerrero assigned the property in favor of Regina G. Ortiz and Richard A. Coria. To prove that San Miguel Properties, Inc. participation and conformity with the execution of the Deed of Assignment. To prove that the signature of Milagros Anita C. Guerrero and Darren E. Guerrero were forged. To negate the consent of Milagros Anita C. Guerrero and Darren E. Guerrero in the assignment of the subject property. VI. WITNESSES

1. Milagros Anita C. Guerrero Purpose: To testify on her allegations 2. Darren E. Guerrero Purpose: To testify on his allegations 3. Two Corroborative Witnesses to testify on the signatures of the plaintiffs Plaintiffs reserve their rights to present other witnesses during the course of the trial, when deemed necessary.

VII. TRIAL DATES

To be fixed during the pre-trial. Respectfully subitted. San Fernando City, La Union for Bauang, La Union, October 21, 2013.

Atty. JOSEPH S. GACAYAN Attorney for the Plaintiffs Room 208, TRS Arcade, San Fernando City, La Union PTR No. 2082682;1/6/2012, San Fernando City, La Union Roll No. 2288088;1/6/2012, San Fernando City, La Union IBP No. 2285657;3/20/2012, San Fernando City, La Union MCLE Compliance No: VI-236581; 3/24/2013

Copy Furnished:

Atty. DENMARK M. RILLERA Counsel for Regina G. Ortiza and Richard A. Coria Unit 168, Lopez Bldg., Poblacion, Gen. Trias Cavite.

Atty. LEORAE D. VALMONTE Counsel for San Miguel Properties, Inc. Valmonte Law Office Ili Norte, San Juan, La Union

EXPLANATION

Copies of this pleading were served upon the defendants’ counsels through registered mails, it being impractical to serve the same personally because of distance constraints.

Joseph S. Gacayan