REPUBLIC OF THE PHILIPPINES PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION METROPOLITAN TRIAL COURT QUEZON CITY, BRANCH 35
MANUEL A. HIPOLITO
Plaintiff,
CIVIL CASE NO. 20432 For: Forcible Entry
- Versus ADELA B. CORPUZ CORPUZ
Defendant x--------------------------------x 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, 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 of Civil Procedure, 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 ____________________________ __________________________________________ __________________________ ____________ __________________________ ________________________________________ ________________________________. __________________.
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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 Adela B. Corpuz 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 Quezon 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, 2013, which the defendant duly received on the same date; 6. That the plaintiff submitted the matter to Barangay San Isidro, 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 of Title No. 12345 issued by the Register of Deeds Quezon City;
“B”
Original copy of the Demand Letter dated September 30, 2013;
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“B-1”
Signature of Plaintiff Manuel A. Hipolito;
“B-2”
Handwritten entry, as received and signed by 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 Manuel A. Hipolito, to identify and authenticate, among others, Exhibit “B” and its submarkings “B-1” and “B-2”, and to prove the material allegations in the Complaint; 2. Franco Genesis, Deputy Register of Deeds of Quezon 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 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.
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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. Quezon City, July 09, 2014. EBREO AND ASSOCIATES
Counsel for the Plaintiff No. 3 Addition Hills, Quezon City By: ATTY. RODEL C. EBREO
Roll of Attorney No. 98765 IBP No. 12345/2-5-12/Quezon City PTR No. 87654/12-22-11/Quezon City MCLE Compliance No. 1234/ January 11, 2014
Copy furnished: __________________ ________________
