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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


8th Judicial Region
Maasin City, Southern Leyte
o0o
JUAN DELA CRUZ,
Plaintiff;
-versusSPS. PABLO REYES
and PETRA K. REYES
& Office of the City
Assessor of
Maasin City, Southern
Leyte,
Defendants.
x-----------------------x

CIVIL CASE NO. ______


For:
CANCELLATION OF
TAX DECLARATIONS,
RECOVERY OF
POSSESSION WITH
DAMAGES

PRE-TRIAL BRIEF FOR THE PLAINTIFF


Plaintiff,

through the undersigned counsel, unto this

Honorable Court, most respectfully submits the herein Pretrial Brief and avers:
Statement of Facts and of the Case
Plaintiff bought a parcel of land from Vicente Tan of
September 11, 1987 as evidenced by a Deed of Absolute
Sale and the Tax Declaration thereof was transferred in
plaintiffs name under Tax Declaration No. 00000-00001
under Survey No. 1234-A.
1. Plaintiff sold a portion thereof to defendant Pablo Reyes but
the selling price was not even fully paid. However, much to
herein plaintiffs astonishment, in the year 2008, herein
plaintiffs peacefully possession of the remaining portion of
the subject land was threatened when defendants claimed
that they already own the whole parcel of the land in
litigation alleging that they bought it from herein plaintiff
twice. Herein plaintiff was so surprised considering that he
only sold to defendant Pablo Reyes one-half (1/2) portion of

Pre-trial Brief for the Plaintiff


Page 2 of 3

the land or an area of 2,093 square meters and not the


whole land;
Upon verification from the Office of the City Assessor of
Maasin City, Southern Leyte, herein plaintiff discovered that
the whole parcel of land is now declared in the name of
Pablo Reyes under Tax Declaration No. 000-00002. Thus, the
instant complaint.
Proposal for Amicable Settlement
Herein plaintiff is willing to forego the Damages she
prayed for in the Complaint if defendants will reconvey onehalf (1/2) portion of the land in litigation to him and cause
the correction of the records with the Office of the City
Assessor of Maasin City.
Issues to be Resolved
1. Whether or not only one-half (1/2) portion of the land in
litigation was sold by plaintiff to defendant Pablo Reyes;
2. Whether or not the transfer of the whole portion of the
land in question in the name of Pablo Reyes was
fraudulently made by him;
3. Whether or not plaintiff has the right to be awarded
damages.
Proposals for Stipulation of Facts
1. That plaintiff bought the land in litigation from Vicente
Tan without knowing that the same is a timberland;
2. That defendants acquired a portion of the subject land
from plaintiff;
3. That plaintiff has been in possession of the subject land
from the time he bought it from Vicente Tan.
Documents to be presented

Pre-trial Brief for the Plaintiff


Page 3 of 3

1.
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5.

Tax Declaration
Deed of Absolute Sale, dated September 11, 1987;
Certification to File Action;
Sketch Plan;
Other documents

Witnesses to be Presented
1. Plaintiff who will testify as to his allegations in the
complaint and other matters relevant thereof;
2. Geodetic Engineer
3. Two other witnesses

Trail Dates
Trial dates will be agreed upon by the parties subject to
the availability of this Honorable Court.
RESPECTFULLY SUBMITTED.
Maasin City, Southern Leyte,

September 14, 2009.

BOB UY
Counsel for the Plaintiff
MCLE Compliance No. 00000
Issued on 01/01/2008
IBP O.R. No. 0000 dated
12/12/08
PTR No. 00000 dated 01/02/09
Tunga-tunga, Maasin City
Copy Furnished:
ATTY. NEIGH WANG
Counsel for the Defendants
Tagnipa, Maasin City