Republic of the Philippines

Second Judicial Region

REGIONAL TRIAL COURT
Tuguegarao City, Cagayan
Branch 03
CLARA AGUSTIN,
Plaintiff,

Civil Case No. 7262

For: Recovery of Attorneys
Fee and Damages

-versusGEORGE M. CARAG and

ALEXANDRA M. CARAG,
Defendants.
x--------------------------------------x
PLAINTIFFS PRE-TRIAL BRIEF
A. POSSIBILITY OF AMICABLE SETTLEMENT
The Plaintiff proposes for settlement that Defendants shall convey in her favor
FOUR HUNDRED (400) sq. m. of the disputed lots which form part of the attorneys fee of
Atty. SIMEON T. AGUSTIN specifically to include that portion upon which she constructed
a permanent structure waiving all other monetary claims.
B. ADMITTED FACTS
1. Identity of the parties
2. Identity of the subject lots
3. Existence and due execution of the Contract for Attorneys Fee of Counsel
PROPOSALS FOR ADMISSION
1. Atty. Simeon T. Agustin filed two civil cases for the Defendants, Civil Case No. 5367
for Partition and Civil Case No. 6076 against the CSU;
2. In Civil Case No. 5367, as part of the Compromise Agreement, three parcels of lot
were awarded to Defendants, TCT Nos. T-132565,132650 and 132070;
3. Defendants sold that property covered by TCT No. T-132565 in the amount of ONE
MILLION FIVE HUNDRED THOUSAND PESOS (PhP1,500,000.00).
4. Defendants failed to deliver the additional 10% attorneys fee as agreed upon in the
Contract for Attorneys Fee;
C. ISSUES
1. Whether or not the Contract for Attorneys Fee of Counsel is a valid and legally
binding contract?
2. Whether or not deceased Atty. Simeon T. Agustin is entitled to additional 10%
attorneys fee as per Contract for Attorneys Fee?
3. Whether or not Plaintiff is entitled to damages?

D. EXHIBITS
1. Contract for Attorneys Fee of Counsel
-to prove Defendants engaged the services of the late Atty. Simeon T. Agustin to file
two cases;
-to prove the attorneys fee of Atty. Simeon Agustin
2. Complaint in Civil Case No. 5367 for Judicial Partition
-to prove the filing of the said complaint pursuant to the engagement contract.
3. Complaint in Civil Case No. 6076
-to prove the filing of the said complaint pursuant to the engagement contract;
-to prove George Carag was aware of the filing of the complaint.
4. Decision in Civil Case No. 5367
-to prove the Honorable Court, RTC, Branch 05 rendered a decision based on
Compromise Agreement in Civil Case No. 5637;
-to prove the Defendants were awarded three parcels of land, TCT Nos. T-132565,
132650, 132070.
5. TCT No. T-132565
- to prove the landholding was registered in the name of the heirs of Pedro Carag
who are the Defendants in this case
6. TCT No. T-132650
- to prove the landholding was registered in the name of the heirs of Pedro Carag
who are the Defendants in this case
7. TCT No. T-132070
- to prove the landholding was registered in the name of the heirs of Pedro Carag
who are the Defendants in this case
8. Deed of Absolute Sale dated 23 September 2008 covering that parcel of land
covered by TCT No. T-132565.
-to prove the sale in the amount of ONE MILLION FIVE HUNDRED THOUSAND
PESOS (PhP1,500,000.00).
9. TCT No. 168681
-to prove JODARIUS SALVA is the new owner of lot 2-D-2 of the subdivision plan,
Psd-(af)-02-025338;
-to prove this lot was among those awarded to Defendants by virtue of the Decision
in Civil Case No. 5637.
10. Demand Letter dated 11 February 2008
-to prove Plaintiff through counsel sent the demand letter to Defendants to exact
payment of the 10% additional attorneys fee of Atty. Simeon T. Agustin.
11. Adverse Claim duly annotated at the back of TCT Nos. T-132565, 132650, and
132070;

to prove Plaintiff caused the annotation of Adverse Claim on the subject titles

12. Receipt dated 29 August 1998

-to prove Atty. Simeon T. Agustin received from George Carag the amount of
THIRTEEN THOUSAND FIVE HUNDRED (PhP13,500.00) as expenses for filing of
the two civil cases (partition and against CSU) in the RTC, Tuguegarao City,
Cagayan.
13. Telegram for Transmission dated 18 December 1998
-to rove Atty. Simeon T. Agustin regularly communicates with Defendants in relation
to the cases filed for them.
14. Receipt for Telegram
-to prove Atty. Simeon T. Agustin sent a letter dated 18 December 1998 to
GEORGE CARAG through the TELOF.
15. Affidavit of Atty. Simeon T. Agustin
-to prove that Atty. Agustin wanted to claim his additional 10% attorneys fee.
16. Contract for Legal Services
-to prove Plaintiff engaged the services of counsel for a fee to pursue the recovery
of 10% additional attorneys fee of Atty. SIMEON T. AGUSTIN.
E. AVAILMENT OF DISCOVERY PROCEDURES OR REFERRAL TO COMMISSIONERS
Plaintiff is willing to avail of discovery procedures or referral to commissioners.
F. WITNESS
CLARA AGUSTIN to prove her causes of actions.
Respectfully submitted.
30 November 2009 Tuguegarao City, Cagayan
ATTY. LEA T. MALANA-BALANON
Carig Sur Maharlika Highway
Tuguegarao City, Cagayan
IBP No. 710208-01/19/09
PTR No. 0516385-01/08/09
Roll No. 45223
MCLE Compl. No. II-0008603
Copy furnished:
Atty. RAYMOND REYNOLD LAUIGAN
Tuguegarao City, Cagayan