Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Municipal Trial Court
Alangalang, Leyte 6517

CHRISTOPHER RAMOS, CIVIL CASE NO. 6969

Plaintiff, FOR: EJECTMENT (UNLAWFUL
DETAINER) UNDER RULE 70
-versus- OF THE RULES OF COURT

EFREN ANTONI,
Defendant.
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PRE-TRIAL BRIEF
Plaintiff, thru the undersigned counsel unto this Honorable Court,
respectfully submits this pre-trial brief as follows:

I. STATEMENT OF FACTS AND CASE

This is a complaint against defendant involving a parcel of land
located in Barangay P. Barrantes, Alangalang, Leyte (as per Tax
Declaration No. 917-168-8760). Christopher Ramos is the owner of
said land with an area of 19,390 square meters or approximately 1.9
hectares as covered by TCT No. 69-741 with an assessed value of
Fifteen Thousand Pesos (Php 15,000.00).
In February 4, 2002, the plaintiff to this case came up with a
Lease Contract Agreement valid for five (5) years with the defendant
Efren Antoni for the use of the land as breeding and conditioning
area/ground for defendant’s fighting cocks.
That after the lapse of said contract agreement and the five (5)
year agreed period, defendant refused to vacate the aforementioned
land.
The continuing failure and refusal of the defendant to vacate the
subject land notwithstanding the fact that plaintiff’s repeated demands,
compels the plaintiffs to file this case against defendant;

II. ADMITTED FACTS

All allegations indicated in the pleadings submitted by the
plaintiff.
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 III. PROPOSED STIPULATIONS OF FACTS
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:
3.1 Tax Declaration No. 917-168-8760;
3.2 Transfer Certificate of Title No. TCT No. 69-74;
3.3 Lease Contract Agreement;
3.4 Formal Demand Letter;
3.5 Barangay Certification to File Action;
Plaintiff also proposed to stipulate on the following facts that he
was deprived of the useful benefits and fruits of his property which if
quantified would amount to PHP 200,000.00.

IV. PROPOSED ISSUES TO BE RESOLVED

1. Whether or not the defendant is unlawfully in possession of the
real property.
2. Whether the plaintiff is entitled to quantified amount lost from the
benefits and fruits from said property.

V. TESTIMONIAL EVIDENCE
Plaintiff intend to present four (4) witnesses to prove plaintiff’s
allegations and claims set forth in the complaint.

VI. DOCUMENTARY EVIDENCE

6.1 Tax Declaration No. 917-168-8760. (ANNEX “A”)
6.2 Transfer Certificate of Title No. TCT No. 69-74 (ANNEX
“B”)
6.3 Lease Contract Agreement (ANNEX “D”)
6.4 Formal Demand Letter (ANNEX “E”)
6.5 Barangay Certification to File Action (ANNEX “G”)

VII. APPLICABLE LAWS AND JURISPRUDENCE

“Section 1. Who may institute proceedings, and when. – Subject
to the provisions of the next succeeding section, a person deprived
of the possession of any land or building by force, intimidation,
threat, strategy, or stealth, or a lessor, vendor, vendee, or other
person against whom the possession of any land or building is
unlawfully withheld after the expiration or termination of the
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right to hold possession, by virtue of any contract, express or

 implied, or the legal representatives or assigns of any lessor,
vendor, vendee, or other person, may, at any time within one (1)
year after such unlawful deprivation or withholding of possession,
bring an action in the proper Municipal Trial Court against the
person or persons unlawfully withholding or depriving of
possession, or any person or persons claiming under them, for the
restitution of such possession, together with damages and costs.”

VIII. SPECIFIC 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 the parties.
Respectfully submitted.
August 15, 2007. Alangalang, Leyte

ATTY. JOEMARL C. ILAO

Counsel for the Plaintiff
HAWIKAL LAW OFFICES
Stall 11 Alangalang Public Market
Alangalang, Leyte
Attys. Roll No. 369741/May 10, 1999
IBP OR No. 0114422/01/14/00/Tacloban City
PTR No. 074741/01/03/07/Alangalang, Leyte
MCLE Compliance No. V-00091211, 12-12-2006
Phone No.: 09171688760
Email: attymojoman@gmail.com

Copy Furnished:

Municipal Trial Court

Alangalang, Leyte

ATTY. OALI LRAMEOJ

Counsel for the Defendant
MOJ Law Office
JUMAJAM Bldg. Real St.,
Alangalang, Leyte
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