Republic of the Philippines

Fourth Judicial Region

MUNICIPAL TRIAL COURT
Cabuyao City, Laguna

SPS. ALEXANDER & LIZA LLAVE, Civil Case No. 2843

Plaintiff,

-versus-

For: EJECTMENT
SPS. SALVADOR & EBITA BITERA
and all other Persons claiming rights under them,
Defendants.
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PRE-TRIAL BRIEF
(For the Plaintiffs)

COME NOW, the Plaintiffs, through counsel, unto this Honorable

Court, respectfully submits this Pre–Trial Brief as follows:

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

The Plaintiffs are willing to enter into an amicable settlement

with the Defendant/s as long as the same is just and equitable.

Page 1 of 6
Pre-Trial Brief for the Plaintiff
Sps. Llave vs. Sps Bitera
 PROPOSED STIPULATIONS OF FACTS AND CIRCUMSTANCES

1. That plaintiffs are indigent members of the Municipality of

Daet;
2. That subject property was originally owned by Extraordinary
Development Corporation (EDC);
3. That Defendants came into possession of the subject
property thru a Contract to Sell;
4. That such contract to sell with EDC was made possible thru a
housing loan extended by HDMF to the defendants;
5. That EDC conveyed and transferred all its rights over the
subject property to HDMF;
6. That Defendants, for having defaulted on their amortization
payments, were served by HDMF with a Demand Letter
dated July 12, 2012, together with a Billing Statement;
7. That despite said demands, Defendants failed to settle their
arrears, and thus, their Contract to Sell was cancelled by
HDMF on July 4, 2014;
8. That, thereafter, the subject property was offered to the
public, and during that time, Plaintiffs, by virtue of a housing
loan with HDMF, were offered the property;
9. That upon compliance with the documentation and other
requirements to process their application, the Plaintiffs
became buyers of the property via a Deed of Conditional
Sale they executed with HDMF;
10. That by virtue of the said Deed of Conditional Sale,
Plaintiffs are entitled to the physical possession of the subject
property located at Block 205, Lot 18, Phase 2, Mabuhay
City, Brgy. Mamatid, City of Cabuyao, Laguna, covered by
Transfer Certificate Title No. 453071;
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Pre-Trial Brief for the Plaintiff
Sps. Llave vs. Sps Bitera
11. That Plaintiffs were given an Authority to Move-In by
HDMF;
12. That Plaintiffs were prevented from taking the physical
possession of the subject property when they discovered
that Defendants were still in possession of the same;
13. That Plaintiffs sought assistance from Brgy. Mamatid, but
the Defendants remained adamant in unjustly possessing the
subject property. Hence, Brgy. Mamatid issued a Certificate
to File Action to Plaintiffs against the Defendants;
14. That Plaintiffs also sought help from HDMF, with in turn
issued a Notice to Vacate dated May 5, 2017, stating that it
will be the last and final demand to the Defendants to
vacate and surrender the property, received by the latter on
May 6, 2017;
15. That, HDMF, issued an Authority to File a Case in favor of
the Plaintiffs, involving the subject property;
16. That due to the unjust refusal of Defendants to vacate the
property, Plaintiffs were constrained to live separately.
Without financial capability to rent an apartment for his
whole family, Plaintiff Alexander stays near his place of work
in Biñan as a bedspacer paying rent to this day for P500 a
month, separated from his wife and children who were
compelled to go back to Daet, Camarines Norte. His only
chance to see his family is during the weekend, where he
has to travel to Daet, paying P 960 for bus fare;
17. That this case was filed within a period of one (1) year
from the final demand on the Defendants to vacate the
property;

Page 3 of 6
Pre-Trial Brief for the Plaintiff
Sps. Llave vs. Sps Bitera
 ISSUES TO BE RESOLVED

I. Whether or not the Plaintiffs are entitled to the possession of

the subject property having been given the right to possess,
to manage the same and the authority to move in by its
owner, HDMF;

II. Whether or not Defendants should be ejected from the said

property;

III. Whether or not Defendants should pay damages and the

costs of suit.

DOCUMENTARY EXHIBITS TO BE PRESENTED

All documents marked as Annexes “A“ to “L” as attached in

the Complaint filed by the Plaintiff;

Annex M - Certification from HDMF’s Legal Counsel, stating that

HDMF maintains that it is not covered by RA 6552, issued
on October 9, 2017.
Plaintiff reserves the right to present other documentary
evidence as may be deemed necessary during the pre-marking of
exhibits or during submission of Position Paper.

Page 4 of 6
Pre-Trial Brief for the Plaintiff
Sps. Llave vs. Sps Bitera
 WITNESSES TO BE PRESENTED

Plaintiffs further reserve the right to present witnesses as may be

deemed necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. Applicable provisions of the New Civil Code;

2. Revised Rules on Summary Procedure;
3. Applicable jurisprudence issued by Supreme Court.

Binan City for Cabuyao City, August 17, 2017.

Respectfully submitted:

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Counsel for the Plaintiff
Binan District
Hall of Justice Bldg. Canlalay, Binan,
Laguna

FLORDELYN M. BAYANI
Public Attorney I
Roll No. 69193/ IBP No. 016700
MCLE Compliance: N/A

The Clerk of Court

Municipal Trial Court
Branch___
Page 5 of 6
Pre-Trial Brief for the Plaintiff
Sps. Llave vs. Sps Bitera
Cabuyao City, Laguna

Please submit the foregoing Pre Trial Brief upon receipt for consideration of the
Honorable Court in connection with preliminary conference scheduled on August 18, 2017
before the Honorable Court.

Thank you.

FLORDELYN M. BAYANI

Copy Furnished:

SPS. SALVADOR & EBITA BITERA

Blk. 205 Lot 18, Phase 2,
Mabuhay City, Brgy. Mamatid,
Cabuyao City, Laguna

Page 6 of 6
Pre-Trial Brief for the Plaintiff
Sps. Llave vs. Sps Bitera