REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 76, QUEZON CITY

EDDIE MANALO, ET AL.,

Plaintiffs,

- versus - Civil Case No. Q-10-

67907

DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS,
Defendant.
x--------------------------------------x

PRE-TRIAL BRIEF

DEFENDANT DEPARTMENT OF PUBLIC WORKS AND

HIGHWAYS (DPWH), through counsel, respectfully submits

this pre-trial brief:

I. Statement of the Case

In a Notice of Demolition dated November 15, 2010

issued by Task Force Control and Prevention of Illegal

Structures and Squatting (Task Force COPRISS) of Quezon

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City, plaintiffs were directed to voluntarily vacate the

subject property and remove any structures thereon

within seven days from receipt of the notice or until

November 24, 2010.

Despite said notice, however, plaintiffs refused to

vacate the subject property and demolish their

structures. Plaintiffs insist that the DPWH should first

pay them the value of their structures before they

voluntarily vacate the subject property. They claim that

the amount of Twenty-One Thousand Pesos (P21,000.00)

per family offered to them by the DPWH is unacceptable,

as it is too low.

II. Proposed Admission/Stipulation of Facts

a. The construction of the Commonwealth Flyover

Luzon Avenue Approach is a government infrastructure

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project.

b. The subject property is owned by the MWSS,

hence, a government property.

c. Plaintiffs have built their structures without the

consent, express or implied, of the MWSS.

d. Despite receipt of the Notice of Demolition dated

November 15, 2010, plaintiffs refused to vacate the

property subject of the case.

e. The DPWH has the authority to summarily evict

plaintiffs and demolish their structures.

f. Plaintiffs have the financial capacity and

resources to build their own housing facilities.

III. Issues

a. Whether plaintiffs are entitled to just

compensation in the form of replacement cost of their

structures on the subject property.

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b. Whether plaintiffs have a cause of action

against the DPWH.

c. Whether plaintiffs are liable to the Government

for actual damages.

d. Whether plaintiffs are liable to the Government

for temperate damages in the amount of One Million

Pesos (P1,000,000.00).

IV. Documents to be presented

a. Structural Mapping.

b. Notices of Demolition dated November 15, 2010.

c. Photographs of plaintiffs’ structures.

d. Quitclaims and/or Waivers.

e. Memorandum dated August 6, 2008 between the

Local Government of Quezon City and the DPWH.

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DPWH reserves the right to present other documents

as the need may arise.

V. Witnesses

Engr. Ricardo C. de Vera

DPWH reserves the right to present other witnesses

as the need may arise.

VI. Available Trial Dates

Dates mutually agreed upon by counsel at the

convenience of the Honorable Court.

Respectfully submitted.

Makati City for Quezon City, August 30, 2012.

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Manalo, et al., vs. DPWH
Civil Case No. Q-10-67907
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FRANCIS H. JARDELEZA
Solicitor General
Roll No. 25719
IBP (Lifetime) No. 00037, 01-18-1993
MCLE Exemption No. III-008523

KARL B. MIRANDA
Assistant Solicitor General
Roll No. 33306
IBP (Lifetime) 04423, 2-9-03
MCLE Exemption No. III-000370

LESTER O. FIEL
Associate Solicitor
Roll No. 51983
IBP No. 858305, 03-15-2011
MCLE Compliance No. III-0003785

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village, Makati City

Copy furnished:

Atty. Leiland R. Lopez

Counsel for Plaintiffs
Lopez Carrasco and Associates
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Manalo, et al., vs. DPWH
Civil Case No. Q-10-67907
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2nd Flr., Kanlungan Center

Foundation, Inc. Bldg.
No. 77 K, 10th Street, Kamias,
Quezon City

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997
Rules of Civil Procedure)

This pre-trial brief is being served and filed by

registered mail in view of the great distance between the
OSG and the parties being served in this case.

LESTER O. FIEL
Associate Solicitor