Sample Civil Case Pre-trial Brief

February 22, 2018 | Author: luiscsrocks | Category: Lawsuit, Judiciaries, Crime & Justice, Justice, Public Law
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Republic of the Philippines MUNICIPAL TRIAL CIRCUIT 8th Judicial Region Branch I Catarman, Northern Samar Corazon de Jesus, Plaintiff, -versusDETAINER


Antonio Lopez, Defendant, X-----------------------------------x PLAINTIFF’S PRE-TRIAL BRIEF PLAINTIFF, through counsel and unto this Honorable Court respectfully submits this Pre-Trial Brief compliance with the trial court’s order received on January 11, 2014. I. POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE RESOLUTION Plaintiff is not willing to consider any amicable settlement or undergo alternative modes of dispute resolution with respect to the primary prayer of this complaint. However, the plaintiff is open to the possibility of amicable settlement in relation to the necessary expenses made by the defendant in the maintenance and preservation of the subject property. II. ADMISSIONS TO THE STIPULATION OF FACTS Plaintiff admits the facts herein presented: 1. Defendant is in physical/actual possession of the subject property;

2. Under paragraph 9.3 of the Answer, as to the death of the primitive owner Mr. Andres Y. Bonifaquiao but not as to the date of the latter’s death. III. ISSUES TO BE TRIED AND RESOLVED The Plaintiff proposes the following issues to be tried and resolved by this Honorable Court: 1. Whether the defendant’s claim of ownership of the subject property gives him a better right of possession over the same. 2. Whether the defendant’s legal possession of the Subject Property became illegal upon plaintiff’s demand to vacate. 3. Whether the award of relief sought by defendant is justified. IV. TESTIMONIES AND DOCUMENTS TO BE PRESENTED Plaintiff will present Testamentary Evidence:





1. Transfer Certificate of Title No. T-9790 under the name of Marcelo and Corazon de Jesus (Annex “A”); 2. A copy of the Sketch Plan of the subject property (Annex “B”); 3. Deed of Absolute Sale between Mr. Andres Bonifaquiao and Gabriela Silang to Spouses Marcelo and Corazon de Jesus (Annex “C”); 4. Tax Declaration No. 0500412 of the Subject Property (Annex “D”); 5. Tax Declaration No. 0500590 of the Subject Property (Annex “E”); 6. Demand Letter to Mr. Antonio Lopez date June 21, 2013 (Annex “F”); 7. Certification to File Action dated October 10, 2013 (Annex “G”);

8. Original Certificate of Title under the name of Mr. Andres Bonifaquiao marked “CANCELLED” by the Register of Deeds (Annex “H”); 9. Certificate of Death of Mr. Andres Bonifaquiao (Annex “I”); 10. Affidavit of Ms. Andressa Bonifaquiao (Annex “J”); 11. Certificate of Live Birth of Ms. Andressa Bonifaquiao (Annex “K”); 12. Affidavit of Owner of Property adjacent to the Subject Property (Annex “L”); 13. Proof of Delivery or the Return Slip of the delivered Demand Letter dated June 21, 2013 (Annex “M”). V. AVAILABILITY FOR TRIAL The Plaintiff respectfully informs this Honorable Court of her willingness to proceed to an actual trial of the case whenever necessary at the convenient time to the parties and the calendar of this tribunal. WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that the foregoing Pre-Trial Brief be duly noted. Done this 11th day of January 2014.

ATTY LUIS CISNEROS, JR. Counsel for Plaintiff Roll No. 1234 IBP Membership No. 123 PTR No. 2013-119 MCLE No. 2013-123 Catarman, Northern Samar

COPY FURNISHED: ATTY HERBERT MISCREOLA Counsel for the Defendant JP Rizal St., Catarman Northern Samar

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