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Republic of the Philippines

Province of Iloilo
th
7 MUNICIPAL CIRCUIT TRIAL COURT OF
DINGLE-DUEÑAS-SAN ENRIQUE
Dingle, Iloilo

ELVIE LACASA, ROSIE TION,


TESSIE ALARO, And JAVIER
LACASA as rep. by JOSEPHINE
LACASA-LABIAGA and
ROLANDO LACASA
Plaintiffs,

CIVIL CASE NO. C-395 (Duenas)


FOR: UNLAWFUL DETAINER
-VERSUS-

ROBERTO LACIBAL SR.,


ROBERTO LACIBAL JR.,
MRS. JULIA LACIBAL-COMIDA
Defendants.
x----------------------------------------------x

PRE-TRIAL BRIEF

Plaintiffs, through the undersigned counsel and unto this Honorable


Court submits this Pre-Trial Brief as follows:

A. WILLINGNESS TO ENTER INTO AN AMICABLE


SETTLEMENT

Plaintiffs are willing to enter into an amicable settlement with the


Defendants based on the condition that the latter are only entitled to
occupy a portion of the lot where the house of Roberto Lacibal Jr. Is
located and that the defendants should vacate the portion of the lot and
demolish the houses of Roberto Lacibal Sr. And Julia Lacibal-Comida.

B. BRIEF STATEMENT OF THE CASE

This is an action for UNLAWFUL DETAINER.

Plaintiffs are the lawful owners of the land known as Lot 688 covered
by OCT No. 36154 of the Cadastral Survey containing an area of 7,700
sq. meters, more or less, located at Brgy. Tipolo, Duenas, Iloilo, being the
legal heirs of two of the registered owners namely Regino Lacasa and

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Bartolome Lacasa, on which the houses of Defendants, Roberto Lacibal
Sr., Roberto Lacibal Jr. And Mrs. Julia Lacibal-Comida are located.

Defendant, Roberto Lacibal Sr. Being the laborer of one of the


Plaintiffs, Javier Lacasa, together with his son Roberto Lacibal Jr., was
allowed to build a house on mere tolerance on the same lot so he could be
easily summoned to run errands. Defendant, Julia Lacibal-Comida, being
the daughter of Roberto Lacibal Sr, was also allowed to build her own
house on the same lot by mere tolerance from the Plaintiffs and she and
her family have been living there for more than 10 years.

Sometime on February 2015, over the verbal protestation from the


Plaintiffs, Roberto Lacibal Sr. Started to construct another house on the
subject lot. And despite different mediation/conciliation proceedings
undergone between both Plaintiffs and Defendants, Roberto Lacibal Sr.
Went through the illegal construction of his house. As a consequence,
Plaintiffs demanded for Defendants to vacate the said lot.

Despite several oral and written demands, defendants refused to vacate


the said lot.

C. SUMMARY OF ADMITTED FACTS AND STIPULATION OF


FACTS

Plaintiffs propose that the following be admitted by the Defendants:

C.1.That the subject land is Lot 688 covered by OCT No. 36154.

C.2. That the Plaintiffs are the heirs of two of the registered owners
of the subject land, the late Regino Lacasa and Bartolome Lacasa.

C.3. That Defendants has, in three separate occasions, been


demanded by Plaintiffs to vacate the said property through a Letter of
Demand.

D. ISSUES

D.1. Whether or not the Defendants unlawfully occupy and refuse


to vacate the lot of the Plaintiffs.

D.2. Whether or not the Defendants are liable to pay actual


damages, litigation cost and attorney’s fees.

E. DOCUMENTARY EVIDENCE

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E.1. Special Power of Attorney executed by Elvie Lacasa.

E.2. Special Power of Attorney Executed by Javier Lacasa.

E.3. Owner’s Duplicate of OCT No. 36154.

E.4. A copy of OCT No. 36154 issued by the Land Registration


Authority.

E.5. Certification from the Duenas Municipal Treasurer’s Office.

E.6. Pre-litigation Conference Letter from the Public Attorney’s


Office.

E.7. Demand Letter to Leave, Vacate and Not Enter dated August 5,
2015 sent to all defendants and were received on August 17,2015.

E.8. Certification from Philippine Postal Corporation.

E.9. Blotter Report of Duenas Municipal Police Station.

E.10. Certification to File Action issued by the Office of the


Lupong Tagapamayapa of Brgy, Tipolo, Duenas, Iloilo.

E.11. Demand Letter to Vacate sent by Javier Lacasa dated March


8, 2016.

E.12. Certification From Philippine Postal Corporation dated May


4, 2016.

E.13. Final Demand Letter dated October 18, 2016 sent to all
defendants.

E.14. Certification from Philippine Postal Corporation dated


October 19, 2016.

E.15. Certification from Philippine Postal Corporation.

E.16. Judicial Affidavits of Josephine Lacasa-Labiaga and Rolando


Lacasa.

Plaintiffs reserve the right to present additional witness/es and


evidence when the need arises.

F. WITNESSES

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F.1. The Plaintiff, Josephine Lacasa- Labiaga, on her judicial
affidavit and complaint.

F.2. The Plaintiff, Rolando Lacasa, on his judicial affidavit and


complaint.

F.3. Plaintiffs reserve three (3) more witnesses.

ATTY. JANELLE M. SALCEDO-SISON


Counsel for the Plaintiffs
200 Timawa Avenue, Molo, Iloilo City
Philippines 5000
PTR No. 5964859/February 2, 2018/Iloilo City
IBP No. 26084/, January 13, 2018/Pasig City
Roll No. 67210
MCLE Compliance (Newly passed the Bar Exam)
Mobile Nos: 09988837131/ 09393793839

Copies furnished by personal delivery:

ATTY. MARBEHN A. LUMBO


Counsel for the Defendants

Received by:______________
Date:______________