Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Branch 29
Cagayan De Oro City

MIGUEL DELA CRUZ

Plaintiff,
Civil Case No. 5566
- versus - For: Unlawful Detainer

PAULITA GOMEZ,
Defendant,
X----------------------------------------X

PRE-TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his Pre-Trial
Brief, as follows:

I. STATEMENTS OF FACTS AND CASE

1. This is a complaint for unlawful detainer against defendant involving

a house and lot located at Barangay Puso, Cagayan De Oro City.
Paulita Gomez is the owner of the said property consisting of One
Hundred Fifty (150 sq. m.) square meters covered by TCT NO.
0923456 as Lot 3 with an assessed value of One Million Pesos
(P1,000,000.00).

2. Sometime in year 2014, defendant proposed to lease the land for 5

years and allow him to pay Five Thousand Pesos (P5,000.00)
monthly. Thereafter, the defendant began to occupy the property
starting January 1, 2015.

3. However, on December 2018 up to the present the defendant failed to

pay the agreed rental and is continuously occupying the same
although he failed to renew the contract of lease. Even after several
and repeated demands, the defendant continues to illegally occupy the
subject property.

4. The continuing failure and refusal of the defendant to vacate the

property notwithstanding the fact that plaintiff has the right over it,
compels the plaintiff to file this case against the defendant.
1
PRE-TRIAL BRIEF
Civil Case No.5566
For: Unlawful Detainer x--------------------------------------------------x

II. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

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.

III. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. The defendant rented a house and lot which is owned by the plaintiff.
He was allowed by the plaintiff to occupy such house provided he pays
five thousand pesos (Php5000).

2. The plaintiff now institutes this action for unlawful detainer for the
continued possession by the defendant of the subject property is
prejudicial to the rights of the plaintiff.

IV. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Plaintiff admits the personal circumstances of the parties as stated in

the compliant and answer.

2. Plaintiff further admits the facts stated in his complaint only.

V. ISSUES TO BE TRIED

1. Whether or not defendant should be ejected from the subject property.

VI. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

Exhibit A- A machine copy of the Contract of Lease between plaintiff

and defendant last January 1, 2015.

Exhibit B – A machine copy of the demand letters by the plaintiff to

the defendant.

The plaintiff reserves his right to present other documents not herein
listed as may be deemed necessary.

2
PRE-TRIAL BRIEF
Civil Case No.5566
For: Unlawful Detainer x--------------------------------------------------x

VII. WITNESSES TO BE PRESENTED

1. The plaintiff herself – to testify regarding the unlawful continued

possession by the defendant of the subject property;

2. Defendant reserves the right to present other witnesses not herein

enumerated as deemed necessary.

VIII. RESERVATION

1. Plaintiff respectfully reserve the right to present additional oral and

documentary evidence as may become necessary in the course of the
trial.

VIII. AVAILABLE TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-
trial conference to dates most convenient to this Honorable Court and to all
parties.

RESPECTFULLY SUBMITTED.

Cagayan De Oro City, March 26, 2019.

(sgd)
ATTY. MICHAELA THERESE A.
FLORES
Counsel for the Defendant
Unit 209 Page 1 Bldg. Cagayan De Oro City
Roll No. 155427
IBP No. 22561
PTR No. 8712560
MCLE Compliance No. 0091269
Tel. Nos. 853-4322; 853-4355
Email Address:
michaelatherese.flores@gmail.com

3
PRE-TRIAL BRIEF
Civil Case No.5566
For: Unlawful Detainer x--------------------------------------------------x

COPY FURNISHED:
BY PERSONAL SERVICE

(sgd)
ATTY. YASSY GEROMO
Counsel for the Defendant
Loving Law Office, Unit 3B, Cagayan De Oro City
Received on March 26, 2019