Republic of the Philippines

REGIONAL TRIAL COURT

2
ND
Judicial Region
Branch 36
Santiago City, Isabela


HEIRS OF TEODORO TULAUAN
Represented by:
TITO TULAUAN

Plaintiffs

-versus-





MANUEL MATEO

MAGDALENA MATEO LORENZO
JAIME LORENZO
CAMELLA HOMES
REGISTER OF DEEDS
Defendants
x--------------------------------------------x

PRE-TRIAL BRIEF FOR DEFENDANT

DEFENDANTS, by counsel and unto the Honorable Court, most
respectfully submit this Pre-Trial Brief:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND
POSSIBLE TERMS OF ANY SUCH SETTLEMENT
Given the circumstances alleged in the Answer to the Complaint for
Specific Performance, Defendant is not willing to enter into any form of
settlement.
II. Brief Statement of Defense
Civil Case No. 3826
For:
Annulment of Documents,
Reconveyance with
prayer for the issuance of
Temporary Restraining
Order and INJUNCTION AND
Damages


Defendant, in its Answer with Counterclaims, dated October 9,
2014, prays for the dismissal of the complaint on the grounds that:
2.1 The action for reconveyance and quieting of title already
prescribed. The plaintiff have not been in possession of the subject lot for
60 years since the registration of the of the lot in favor of Defendant,
Manuel Mateo, thus, prescription lies.
2.2 The complaint lacks cause of action because the defendant
Manuel Mateo became the absolute owner of the subject parcel of land
after Teodoro Tulauan sold the subject land with a valid deed of sale.
The sale was valid and the subsequent dealings are also valid.
III.Summary of Admitted Facts

Defendants admit the following facts:
3.1 Defendants admit only those facts stated in their Answer, i.e.,
their personal circumstances.
3.2 Defendant Magdalena Mateo admits that she is the registered
owner of the parcel of land covered by Transfer Certificate of Title
(T-118858) SC 46663, and further that she acquired title of the
same by virtue of a valid sale from Manuel Mateo in 1979.
3.3. That the same parcel of land has, through subsequent and
valid dealings, come to the absolute ownership of Defendant
Camella Homes, a property developer, and who is currently
developing said parcel of land as a residential subdivision.
Defendant is open to stipulations over and above the foregoing
admissions.
IV Proposed Stipulation of Facts
Defendant requests Plaintiff to admit the following facts:
4.1. That in 1950, TeodoroTulauan obtained a loan from Defendant
Manuel Mateo;that the former executed an instrument as proof of
indebtedness, and the same provided that the parcel of land
subject of this dispute was given as security for payment of such
loan;
4.2 That in 1953, when TeodoroTulauan failed to pay his
indebtedness to Manuel Mateo, he offered to sell the parcel of land
for a consideration, and thereafter executed a valid deed of sale,
duly notarized;
4.3 That the above-mentioned instrument was used to cancel the
title over said land in favour of Manuel Mateo who became the
absolute owner from whom the subsequent owners, herein
Defendants, derive their right and title to said parcel of land;
4.4 That sixty (60) years have passed since the registration of title
of ownership of said parcel of land in favour of Defendant Manuel
Mateo, and the fact that possession of has long been exclusively,
continuously, openly and notoriously held by the Defendants;

V. Issues
Defendants respectfully submit that the issues in this case are:
5.1 Whether or not the action filed by the plaintiff is already
barred by prescription.
5.2 Whether or not there is a valid conveyance of the subject
land executed by the plaintiff in favor of Manuel Mateo.
VI. List of Exhibits to be presented
Defendant will present the following exhibits:
6.1 A certified, true and faithful reproduction of the indebtedness
by Teodoro Tulauan to Defendant Manuel Mateo, to be marked
as Exhibit A to prove that Teodoro Tulauan made a loan to
Manuel Mateo before the sale of the subject lot in favor to the
latter.
6.2. A deed of conveyance in favor of Manuel Mateo, to be marked
as Exhibit B to prove that the conveyance is valid.
6.3 A title of the lot after the acquisition of subject lot by Manuel
Mateo, to be marked as Exhibit C to prove that Manuel Mateo
became the absolute owner after Teodoro Tulauan sold the subject
lot to him.
6.4. A certified copy of the deed of conveyance from the Register
of Deeds to be marked as Exhibit D to prove that the same was
not burned as alleged.
6.5 A certified, true and faithful reproduction of the original
duplicate of the deed of conveyance to be marked as Exhibit E to
prove that there is a valid conveyance.
6.6 A certified, true and faithful reproduction of the Certificate
Authorising Registration by the Bureau of Internal Revenue to be
marked as Exhibit F.
6.7 A certified, true and faithful reproduction of the Transfer Tax
Certificate to be marked as Exhibit G to prove that the subject
parcel of land was transferred in the name of the Defendant
Manuel Mateo.

VII. DISCOVERY PROCEDURES

Defendant hereby informs this Honorable Court of their intention to
avail themselves of discovery procedures when circumstances
require.
VIII.Witnesses to be presented
Defendant will present the following witnesses:
1. Defendants themselves - to testify on the materials allegations,
affirmative allegations, and special and affirmative defenses and
the denials in their Answer and Counterclaims and to testify on
the damages caused to them by the filing of this action;
2. Representative from the Registry of Deeds to corroborate the
testimony of the Defendants on its material points and to testify
that there is a valid conveyance as evidenced by a copy from
their office;
Reservation
Defendant expressly reserves the right to present such additional
witnesses and other exhibits and evidence as the exigencies of the trial
may require.

Specific Trial Dates
It is respectfully requested that the trial dates be set during the
pre-trial conference to dates most convenient to this Honorable Court
and to all the parties.

MOST RESPECTFULLY SUBMITTED.

Santiago City, Philippines, 10
th
day of October, 2014.

ATTY. SNOW WHITE
Counsel for the Defendants
PTR No. 18909595:1-04-07:S.C.
IBP No, 693095:1-04-07:S.C.
MCLE No. 6877900
Roll No. 42481:5-10-97
Rm. 4 2/F Heritage Building
Malvar, Santiago City


Filing ans service of copies via Registered Mail

REGIONAL TRIAL COURT
Branch 36
Hall of Justice
San Andres, Santiago City


ATTY. FERDINAND P. IGNACIO
Counsel for Plaintiff
Paoay, Ilocos Norte
Roll No. 40264
IBP No. 866203 1-21-2013
PTR No. 0884721 1-21-2013
MCLE Compliance No. IV-001154 1-21-20013



EXPLANATION

Copies of the foregoing pleadings were served to the Counsel of
the Plaintiff and to the Honorable Court via registered mail, with return
card, on account of the very far distance between the offices of the
parties and their respective counsels, time constraints, and unavailability
of messengerial personnel to effect personal service thereof.


ATTY. SNOW WHITE