Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

First Judicial Region
Branch 4
Baguio City

PSYCHE NGINHENA, CIVIL CASE NO. 12369

Plaintiff,
FOR:
-versus-
UNLAWFUL DETAINER
CHARLEEN MYRE C. MEJIA, AND DAMAGES
Defendant.
x--------------------------------------x

PRE-TRIAL BRIEF

DEFENDANT, through counsel, unto this Honorable Court most

respectfully states that:

BRIEF STATEMENT OF DEFENDANTS DEFENSES

Defendants possession of the subject properties is lawful: she

occupies the parcel of land embraced in TCT No. 069-1025478431 not as a
mere lessee but as an owner thereof; her occupation of the parcel of land
covered by TCT No. 069-1025478521 is lawful, since the lease thereof was
extended.

AS TO THE POSSIBILITY OF ENTERING INTO A COMPROMISE

AGREEMENT OR AMICABLE SETTLEMENT

Defendant is willing to enter into an amicable settlement under terms

and conditions that are fair and reasonable to the parties.

AS TO SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

The Defendant proposes the following for stipulation:

1. On 10 November 2013, Plaintiff leased 2 parcels of land

embraced in TCT Nos. 069-1025478431 (situated in Happy Homes, Baguio
City) and 069-1025478521 (situated in Buyagan, La Trinidad);

2. The term for both contracts of lease is 3 years, from December

12, 2013 to December 12, 2016; and upon expiration, both contracts of lease
may be renewed, provided that written notice of intention to renew the lease
shall be served to the lessor not later than fifteen (15) days prior to the
expiry date of the period agreed upon.
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 3. The lease of the property embraced in TCT No. 069-
1025478431 (hereinafter referred to as Happy Homes Lease) expired on
December 12, 2016, but on that same date, Plaintiff sold the same parcel of
land to Defendant, by way of a Deed of Absolute Sale, which is recorded in
the memorandum of encumbrances of TCT No. 069-1025478431.

4. The lease of the property embraced in TCT No. 069-

1025478521 (hereinafter referred to as Buyagan Lease) was extended for
another three years, specifically, from Dec. 13, 2016 to Dec. 12, 2019.

5. Defendant did not receive any Notice to Vacate.

6. Defendant did not receive any summons or invitation from the

Barangay for purposes of barangay conciliation proceedings, nor did the
defendant participate in any such proceedings.

7. With respect to the BUYAGAN LEASE, venue is improperly

laid to the Honorable Court because the subject property is located in La
Trinidad.

Defendant will propose or consider other stipulations during the pre-

trial hearing.

AS TO THE ISSUE TO BE TRIED OR RESOLVED

Whether or not the defendants possession of the subject properties is

lawful.

AS TO INTENT TO AVAIL OF DISCOVERY PROCEDURES OR

REFERRAL TO COMMISSIONERS

The petitioner intends to avail of discovery procedures or refer matters

to a Commissioner if the need arises and if only to assist in the expedient
and speedy resolution of this case.

AS TO THE DOCUMENTS OR EXHIBITS TO BE PRESENTED

EXHIBIT 1 Falsified copy of TCT No. 069-1025478521, which was

attached as Annex A in the complaint;

EXHIBIT 2 Certified True Copy of TCT No. 069-1025478521;

EXHIBIT 3 Certified True Copy of TCT No. 069-1025478431;

EXHIBIT 3-A Entry No. 2016-00000001 in the Memorandum of

Encumbrances of TCT No. 069-1025478431;

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EXHIBIT 4 Contract of Lease involving the property embraced in TCT
No. 069-1025478521;

EXHIBIT 5 Contract of Lease involving the property embraced in TCT

No. 069-1025478431;

EXHIBIT 6 Deed of Absolute Sale, wherein the plaintiff sold the

property embraced in TCT No. 069-1025478431 to
defendant;

EXHIBIT 7 Notice to Renew Contract of Lease (Buyagan Lease).

The defendant reserves the right to present other documentary

evidences as may be appropriate to establish its defenses or rebut the claims
of the plaintiff.

AS TO THE NUMBER AND NAMES OF

WITNESSES TO BE PRESENTED

The defendant, herself, shall testify to substantiate her allegations in

support of her answer, and to identify exhibits. The defendant reserves

The defendant reserves the right to call other witnesses and submit
their affidavits as may be appropriate to establish its defenses or rebut the
claims of the plaintiff.

RESPECTFULLY SUBMITTED.

Baguio City, Philippines, this 20th day of September 2017.

LEAO AND PARTNERS LAW OFFICE

Counsel for the Defendant
Unit 3B Laperal Bldg., Upper Session Road, Baguio City

For the Firm:

ATTY. MARK JHAYZON M. LEAO

Roll No. 12345, 5-12-13; IBP Lifetime Member No.2222
PTR No. 0790555, 01-03-17, Baguio City, Benguet
MCLE Compliance No. 5646 232 8569

Copy furnished:
ATTY. VIOLANE C. WYCOCO
Counsel for the Plaintiff
Unit 2C Laperal Bldg.,
Upper Session Road, Baguio City
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