Republic of the Philippines

Municipal Trial Court

Branch 21

Tarlac City

JUANA CHANGE
Plaintiff

-------- versus--------- Case No. 111111

For: Ejectment
MIGUEL GUEL
Defendant

x------------------------x

PRE-TRIAL BRIEF FOR THE PLAINTIFF

COMES NOW PLAINTIFF, JUANA CHANGE, thru counsel, unto this Honorable

Court, most respectfully files this pre-trial brief as follows:

THE PARTIES

1. That plaintiff, Juana Change plaintiff is of age, and a resident of Tarlac City
where she may be served with summons and other processes of this

Honorable Court.
2. That defendant, Miguel Guel is is also of age, with residence and post office

address at 14344 Tarlac City, where he may also be served with summons,

notices and other processes of this Honorable Court.

FACTS OFTHE CASE

1. That the plaintiff is the absolute owner of that property located at Sto. Cristo,

Tarlac City, as stated in Transfer Certificate of Title No. 12345 as per legal

acquisition from the National Housing Authority.

2. That plaintiff has been deprived of her right to use, enjoy and possess the

premises of her duly acquired property as it has been unlawfully occupied by

the defendant

3. That the plaintiff has twice demanded for the defendant to vacate the

premises of the aforementioned property but the latter has refused to do so

for the past seven (1) year.

4. That due to the unlawful occupation of the defendant the plaintiff has suffered

actual damages of Five Hundred Twenty One Thousand Pesos (Php

150,000.00) in tax payments without having even gained possession of her

property; incurred litigation expenses amounting to Seventy Thousand Pesos

(Php 20,000.00), due to evident bad faith of the defendant; defendant should

also pay One Hundred Fifty Thousand Pesos (Php 100,00.00) in back lease
or rentals for the past seven (1) year of his unlawful possession and

occupation of the property; defendant must surrender and vacate the

premises of the aforementioned property; and, to provide for Fifty Thousand

Pesos (Php 50,000.00) in attorneys fees and the costs of this suit.

POSSIBILITY OF AMICABLE SETTLEMENT

a. The Plaintiff is willing to enter into an amicable settlement provided that

he will pay the tax dues on the property amounting to Five Hundred

Twenty One Thousand Pesos (Php 150,000.00) and rental arrears

amounting to One Hundred Fifty Thousand Pesos (Php 100,00.00)

and that he vacates the premises and surrenders the possession and

occupation of the property to the plaintiff as its lawful owner

immediately.

SUMMARY OF ADMITTED FACTS AND STIPULATION OF FACTS

Plaintiff proposes that the following be admitted by the Defendant:

a. That Juana Change the true and lawful owner of the property

situated at Sto. Cristo, Tarlac City, as evidenced by Transfer

Certificate of Title No. 12345.

 b. That Defendant has twice been demanded in writing to vacate

the said premise but he has refused to do so on both occasions.

ISSUES

a. Whether or not the Defendant unlawfully occupies and refuses

to vacate the premises of the Plaintiffs property.

b. Whether or not the Defendant is liable to pay actual damages,

rental arrears, litigation costs, and attorneys fees.

DOCUMENTARY EXHIBITS

a. Photocopy of Transfer Certificate Title no. 12345.

b. Demand letters sent to Defendant Pedro P. Palma

APPLICABLE LAWS

The Revised Rules of Court and the Civil Code of the Philippines.

Respectfully submitted.

Manila, July 25, 2011.

 (Signed)
_______

Counsel for Plaintiff

PTR No.070613

MCLE No. 54321-A

Roll of Attorney No. 35650

Victoria, Tarlac

Copy furnished:
ATTY. -----------------------------------
Counsel for the Plaintiff
Unit 1234 Laurel Building
Pampanga

EXPLANATION

Service of copy to the Defendant and his counsel were done by registered mail
due to lack of manpower to effect personal service.

(Signed)

Atty. _________________