Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Eighth Judicial Region Tacloban City Branch 2

FREDERICA N. AREVALO, Plaintiff, - versus ROWENA L. BUSTAMANTE, Joined by her Husband Mr. BUSTAMANTE, And ALL PERSONS CLAIMING RIGHTS UNDER HER, Defendants. x ----------------------------------------- x CIVIL CASE NO. _______________ For: UNLAWFUL DETAINER WITH APPLICATION FOR PREL. INJ. AND TRO

PRE-TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits her Pre-TRIAL Brief as follows:

I.

Brief Statement of Plaintiffs Case

This is a case for Unlawful Detainer filed by the Plaintiff in order to eject the Defendant and recover the physical possession of the parcel of land covered by TCT No. 5678 measuring 240 square meters and the residential house erected thereon located at Blk 3 Lot 12 New York St., V&G Subdivision, Tacloban City (hereafter Subject Premises). Defendant was the lessee of the Subject Premises. There was no written contract between the Plaintiff and Defendant, and if there was any, the same has expired. Thus,

the contract was on a month-to-month basis. Plaintiff sent demand letters to Defendant for the latter to vacate the Subject Premises, making the further stay on the Subject Premises of Defendant illegal.

II.

Proposed Stipulation of Facts

Plaintiff proposes the following facts to be admitted/stipulated by the other party. 1. Defendant has been paying rent of P3,500 to Maria Mercedes O. Salcedo from 1993 to 1995; 2. Defendant has been paying rent of P5,000 to Maria Mercedes O. Salcedo from 1995 to 2006 (the time of death of Fernando Jose Salcedo); 3. Defendant has been paying rent of P5,500 to Maria Mercedes O. Salcedo from 2007 up to the present; 4. Defendant received the demand letter, dated February 9, 2010; 5. Maria Mercedes O. Salcedo is the wife of Fernando Jose Salcedo; 6. Defendant Rowena Bustamante issued checks in favor of Maria Mercedes O. Salcedo for the year 2009; 7. Defendant Bustamante received the letter of Atty. Arnaldo Loyola, dated January 24, 2009, informing defendant that Maria Mercedes O. Salcedo has sold the Subject Premises to Plaintiff; 8. Defendant Bustamante received the letter of Atty. Arnaldo Loyola, dated January 30, 2009, returning the twelve checks issued by defendant in favor of Maria Mercedes O. Salcedo representing rental payments, and 9. Defendant executed an Affidavit of Existence, dated July 20, 2009.

III.

Issues to be Tried or Resolved

Plaintiff respectfully submits the following issues to be tried or resolved by this Honorable Court. 1. Whether or not Defendant should be evicted from the Subject Premises; 2. Whether or not an alleged Last Will and Testament of Fernando Jose P. Salcedo which has not been approved on probate and which is materially defective for containing only two witnesses could prevent the Ejectment of Defendants.

IV. Documentary Exhibits

Plaintiff respectfully submits the following documents for marking as follows and as her exhibits. Exhibit Exhibit A Purpose: TCT No. 5678 Description

This Exhibit is being offered to prove that the parcel of land is registered in the name of Fernando Jose P. Salcedo.

Exhibit B Purpose:

Tax Declaration No. 03400567

This Exhibit is being offered to prove that the one-storey residential house is still in the name of Fernando Jose P. Salcedo.

Exhibit C

Deed of Absolute Sale, dated January 19, 2009, executed by Atty. Arnaldo P. Loyola in representation of Maria Mercedes O. Salcedo covering the Subject Premises; Special Power of Attorney, dated February 17, 2008, executed by Maria Mercedes O. Salcedo in her own behalf in favor of Atty. Arnaldo Loyola authorizing the latter to sell the Subject Premises;

Exhibit D

Exhibit E Purpose:

Acknowledgment, dated January 19, 2009, executed by Arnaldo P. Loyola in behalf of Maria Mercedes O. Salcedo;

These Exhibits are being offered to prove the sale of the Subject Premises to the Plaintiff.

Exhibit F Exhibit F-1 Exhibit F-2 Purpose:

Demand Letter to vacate, dated February 8, 2010; Registry Receipt No. 3345; Registry Return Receipt;

These Exhibits are being offered to prove that a demand to vacate was made upon the Defendant.

Exhibit G

Affidavit of Self-Adjudication of the Estate of Fernando Jose Salcedo, dated May 4, 2006, executed by Maria Mercedes O. Salcedo;

Purpose:

This Exhibit is being offered to prove that the Subject Premises were adjudicated to the sole heir of Fernando Jose Salcedo. Affidavit of Existence, dated July 20, 2009, executed by Rowena Bustamante;

Exhibit H Purpose:

This Exhibit is being offered to prove that defendant has no interest over the Subject Premises.

Exhibit I Exhibit I-1 Purpose:

Letter, dated January 15, 2009, addressed to Atty. Arnaldo P. Loyola from Rowena Bustamante; Mailing envelope;

These Exhibits are being offered to prove that defendant Bustamante was paying rentals to Maria Mercedes O. Salcedo and acknowledged that she was the owner of the Subject Premises.

Exhibit J Exhibit J-1

Letter, dated January 30, 2009, addressed to Mrs. Rowena Bustamante from Atty. Arnaldo P. Loyola; Registry Receipt No. 008901;

Exhibit J-2 Exhibit J-3 Exhibit K Exhibit K-1 Exhibit K-2 Exhibit K-3 Purpose:

Registry Return Receipt; Registry Return Receipt, dorsal portion; Letter, dated January 24, 2009, addressed to Mrs. Rowena Bustamante from Atty. Arnaldo P. Loyola; Registry Receipt No. 008902; Registry Return Receipt; Registry Return Receipt, dorsal portion;

These Exhibits are being offered to prove that defendant Bustamante was informed by the owner that the Subject Premises had been sold to the Plaintiff.

Exhibit L Purpose:

Notarial Page of Atty. Beatriz Yulo showing that document no. 242 has no entry;

This Exhibit would be offered to prove that the alleged Last Will and Testament of Fernando Jose Salcedo was not notarized by Atty. Yulo and that the same was not submitted to the Clerk of Court.

Exhibit N Exhibit L and series Purpose:

Affidavit, dated March 11, 2010, of the Plaintiff; Affidavit, dated June 18, 2010, of Atty. Arnaldo P. Loyola and attachments;

These Exhibits would be offered to constitute as the testimony of the Plaintiff and of Atty. Arnaldo P. Loyola to prove the allegations of the Complaint.

Plaintiff reserves the right to present other documents from Atty. Arnaldo P. Loyola and such other witnesses deemed material.

V.

Witnesses to be Presented

Plaintiff respectfully submits the following persons as her witnesses: 1. Plaintiff will submit her affidavit to prove the allegations of the Complaint. 2. Atty. Arnaldo Loyola will execute an affidavit to prove that Maria Mercedes Salcedo is the owner of the Subject Premises, that Defendants acknowledged said ownership and that Defendants were informed of the sale of the Subject Premises to the Plaintiff. Plaintiff reserves the right to present additional witnesses as may be needed.

VI.

Possibility of Amicable Settlement

Plaintiff is willing to have this case amicably settled under terms that are fair and reasonable. Specifically Plaintiff will give the Defendant a grace period of about three to four months to vacate the Subject Premises.

VII.

Applicable Laws and Jurisprudence

Plaintiff respectfully submits that the following laws and jurisprudence are applicable. 1. Provisions of the Civil Code on Lease, Lease Contracts, Rentals, and Ejectment; 2. 3. 4. 5. Provisions of the Civil Code on the Statute of Frauds; Provisions on Unlawful Detainer found in the Rules of Court; and Rule 131, Sec. 2(b), Rules of Court; Jurisprudence applicable to this case.

VIII.

Modes of Discovery

Plaintiff is not availing herself of the modes of discovery at this time.

IX.

Available Trial Dates

Plaintiff respectfully requests that trial dates be set in the presence of counsels and parties in order to avoid conflict of schedule. Respectfully submitted. Tacloban City; June 21, 2010.

GENEVIEVE MARIE T. ARSENIO ROLL OF ATTORNEYS NO. 39008 IBP ROLL NO. 09999; 07-14-95 MCLE Compliance No. III-0004102; July 03, 09 PTR NO. 2009560; 01-06-09; Tacloban City Mobile No. 09191234567 Email Address: genevievemarie@yahoo.com

Copy Furnished:

Atty. LAVINIA B. COTON Counsel for Defendant 164 Avenida Veteranos Tacloban City