REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
QUEZON CITY, BRANCH 35

MANUEL A. HIPOLITO CIVIL CASE NO. 20432

Plaintiff, For: Forcible Entry

- Versus -

ADELA B. CORPUZ
Defendant
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PRE-TRIAL BRIEF

Plaintiff, through counsel, and unto this Honorable Court, most respectfully
submits its Pre-Trial Brief as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete

proposal that is fair and reasonable and a reciprocal manifestation of openness
from defendant;

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff

respectfully submits that the desired terms of any amicable settlement would
involve, first, an admission of amount due and owing to plaintiff and, second, a
schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant unlawfully deprived him of a portion of

his property through strategy and stealth.

2.2 ______________________________________________________
__________________________________________________________.
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III. PROPOSED STIPULATION OF FACTS

The following facts are submitted for stipulation and/or admission by the
defendant:

1. The identity of the defendant Adela B. Corpuz as the same person

charged in the Complaint;

2. That the defendant entered and constructed a house of light materials in

the lot subject matter of this case at the time or period alleged in the
Complaint;

3. That the plaintiff is the lawful owner of the subject property as

evidenced by Certificate of Title No. 12345 issued by the Register of
Deeds Quezon City marked as Exhibit “A”;

4. That the plaintiff is in peaceful possession of the subject property until

defendant deprived the plaintiff possession of the lot occupied by the
latter through strategy and stealth at the time alleged in the Complaint;

5. That plaintiff sent a demand letter on September 25, 2013, which the
defendant duly received on the same date;

6. That the plaintiff submitted the matter to Barangay San Isidro, the latter
conducted conciliation proceedings, however no settlement was reached
at the Barangay level;

IV. ISSUE

Whether or not the defendant is liable for Forcible Entry as defined in Rule
70 Section 1 of the Rules of Court.

V. DOCUMENTARY EXHIBITS FOR THE PLAINTIFF

EXHIBITS DESCRIPTION

“A” Certified true copy of a Transfer Certificate of

Title No. 12345 issued by the Register of Deeds
Quezon City;

“B” Original copy of the Demand Letter dated

September 30, 2013;
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“B-1” Signature of Plaintiff Manuel A. Hipolito;

“B-2” Handwritten entry, as received and signed by

defendant Adela Corpuz with date September 30,
2013 appearing in the lower right hand portion of
Exhibit “B”;

“C” Certified true copy of a Certificate to File Action

in Court dated October 30, 2013 signed by
Jefferson Baua, Lupon/Pangkat Chairman of
Brgy. San Isidro, Quezon City;

“C-1” Signature of Lupon/Pangkat Chairman Jefferson

Baua of Brgy. San Isidro, Quezon City.

VI. WITNESSES FOR THE PLAINTIFF

The Plaintiff will present the following witnesses, viz:

1. Plaintiff Manuel A. Hipolito, to identify and authenticate, among

others, Exhibit “B” and its submarkings “B-1” and “B-2”, and to prove
the material allegations in the Complaint;

2. Franco Genesis, Deputy Register of Deeds of Quezon City or, in case

of his unavailability, any other equally competent representative from the
Office of the Register of Deeds, Quezon City – to identify and
authenticate Exhibit “A” and prove the material allegations in the
Complaint;

3. Mr. Jose Manalo to prove the material allegations in the Complaint;

4. Mrs. Maria Manalo to prove the material allegations in the Complaint;

5. Jefferson Baua, Lupon/Pangkat Chairman of Brgy. San Isidro, Quezon

City – to identify and authenticate Exhibit “C” and submarking “C-1”
and to prove the material allegations in the Complaint;

VII. TRIAL DAYS NEEDED

The plaintiff will need at least five (5) days to present its documentary and
testimonial evidence.
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VIII. RESERVATION

The plaintiff reserves the right to present additional documentary evidence

and witnesses in the course of the trial for good cause shown.

Respectfully submitted.

Quezon City, July 09, 2014.

EBREO AND ASSOCIATES

Counsel for the Plaintiff
No. 3 Addition Hills, Quezon City

By:

ATTY. RODEL C. EBREO

Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Quezon City
PTR No. 87654/12-22-11/Quezon City
MCLE Compliance No. 1234/ January 11, 2014

Copy furnished:
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