CRIMINAL PROCEDURE

( CLJ 3)

CAMPOS, ALVIN T.

Section: B3

Year: 3rd year

Professor Ruben Rusit

 TABLE OF CONTENTS
Pre Trial Brief (Plaintiff Civil Case No. 5555)
 Facts:

A. STATEMENT OF FACTS AND CASE

Sometime in year 1981, defendant Jose was given one-third (1/3) of the subject
land as dowry to his wife in the same manner that 2/3 portion was also given as dowry
to both wives of defendants Mario and Pedro. The couples took possession of the
properties and cultivated the same, but the Certificates of Title remained in the donor's
names.

Plaintiff Maria, one of the children of Petra and Pedro (defendants’ sister) now
claims for her 1/4 portion in the subject property as her rightful share. However,
defendants refuse to give it on the ground that it was given to them by their deceased
parents as dowry during their respective marriages.

The continuing failure and refusal of the defendants to give the portion of the
subject land notwithstanding the fact that plaintiff has the right over it, compels the
plaintiffs to file this case against defendants
 D. PROPOSED STIPULATIONS OF FACTS

SC held: As provided under Rule 26 of the Rule on Civil Procedure, Plaintiff

requests defendant to admit the genuineness and due execution of the following
documents within fifteen (15) days after service thereof, otherwise each of the
following documents shall be deemed admitted:

A. Transfer Certificate of Title No. 092664

B. Tax declaration No. 143-44556

C. Barangay Certification to File Action

Issue:

Plaintiffs also proposed to stipulate on the following facts-

a. Plaintiff was deprived of her legitime

c. That the donation is inofficious and it impaired plaintiff’s legitime.

issue:

- Complain for partition against defendant's involving a parcel of land

located at Barangay Aguso, Tarlac City (as per tax declaration No.
143 4456 under 107 No. 02) spouse Petra and Pedro (both
deceased) are the owners of the said parcel of land consisting Ten
thousand (10,000 sq. m) square meters or one (1) hectare covered
by TCT No. 092664 as Lot 02 with an assessed value of fifteen
thousand pesos ( P 15,000).
 - Defendants refused to give it on the ground that it was given to them
by their deaceased parents as dowry during their respective
marriages.

- The continuing failure and refusal of the defendant's to give the

portion of the subject land not withstanding the fact that plaintiff
has the right over its compels the plaintiff to file this case against
defendant's.

Decision:

E. PROPOSED ISSUES TO BE RESOLVED

Whether or not the donations were valid?

Whether or not defendants are obliged to give the plaintiff her share in the
property as her legitime?

Whether or not plaintiff was deprived of her legitime which could warrant a
reduction of the donations given to her siblings.