Republic of the Philippines

8TH JUDICIAL REGION

Municipal Trial Court
Branch 3, Tacloban City

ARLEEN C. TAN,
Plaintiff, CIVIL CASE No. 98765
-versus- FOR: Unlawful Detainer

ELENA C. DAGOHOY,
Defendant.
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PRE-TRIAL BRIEF
(For The Plaintiff)

Plaintiff, through counsel to this Honorable Court, respectfully submits

this Pre-Trial Brief as follows:

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Plaintiff is open to settlement provided it is on just and reasonable
grounds.

A STATEMENT OF FACTS AND CASE

1. That the Plaintiff entered into a Lease Agreement with the Defendant
over a property situated at Lot 34, 123 del Pilar Street, Petersville
Subdivision. Brgy. 25, Tacloban City;
2. That sometime in April 2019, the Plaintiff executed a Demand Letter
against the Plaintiff for the collection of three months rental for the
subject property;
3. That despite repeated verbal demand from the Plaintiff to the
Defendant, subsequent to the issuance of Letter of Demand,
Defendant failed to tender payment for three months of rental;
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 4. With no indication that the Defendant will fulfill his obligation anytime
soon, Plaintiff was constrained to take legal action thus Defendant
lodged a complaint against the Defendant before the Lupon Ng Taga
Pamayapa;
5. That despite service of summon over the person of the Defendant,
Defendant failed to appear before the Lupon for the possibility of
amicable settlement;

ADMITTED FACTS
All allegations indicated in the pleadings submitted by the Plaintiff are
deemed admitted.

PROPOSED ISSUES TO BE RESOLVED

1. Whether the Plaintiff failed to comply his obligation as lessee as
stipulated in the contract of lease entered into with the Defendant?
2. Whether the obligation was extinguished by way of Novation?

TESTIMONIAL EVIDENCE
Plaintiff himself, at Lot 24, 123 del Pilar Street, Petersville Subdivision.
Brgy. 25, Tacloban City to present evidence to support her claim about the
facts of the case .

DOCUMENTARY EXHIBITS
Plaintiff intends to present the following documents, in connection
with which plaintiff requests from defendant their admission of their
execution and due authenticity:

Exhibit “A”
Certified photocopy of the Certificate of Title to establish ownership by the
Plaintiff of the subject property
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Exhibit “B”
Certified photocopy of the Demand Letter duly received and executed
against the Defendant by the Plaintiff to prove that demand was made and
thus delayed was incurred by the former.

Exhibit C
Certified copy of Certificate to File action issued by the Lupong
Tagapamayapa as compliance to condition precedent in filing civil cases.

APPROXIMATE NUMBER OF HOURS NEEDED TO COMPLETE THE

PRESENTATION OF EVIDENCE
Should the Defendant refuse to enter into stipulations of fact and
make admissions, Petitioner will need about one hours to complete the
direct examination of its witness, at approximately thirty (30) minutes per
witness. These estimates exclude the time for the cross and re-direct
examinations, which is difficult to predict.

APPLICABLE LAW IN SUPPORT OF PLAINTIFF’S CLAIM

Pertinent provision of the 1997 Rules of Civil Procedure
Pertinent provision of the New Civil Code particularly Articles 1231 and
1169. Hereunder provided as follows:

“Article 1169. Those obliged to deliver or to do something

incur in delay from the time the obligee judicially or
extrajudicially demands from them the fulfillment of their
obligation. However, the demand by the creditor shall not
be necessary in order that delay may exist: (1) When the
obligation or the law expressly so declare; or (2) When
from the nature and the circumstances of the obligation it
appears that the designation of the time when the thing is
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Pre-trial Brief for the Plaintiff
 to be delivered or the service is to be rendered was a
controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor
has rendered it beyond his power to perform. In reciprocal
obligations, neither party incurs in delay if the other does
not comply or is not ready to comply in a proper manner
with what is incumbent upon him. From the moment one
of the parties fulfills his obligation, delay by the other
begins. (1100a)”
Pertinent provision of the Local Government Code with regards to
Procedures in lodging a case before the Lupon ng Taga Pamayapa

TRIAL DATES
The Plaintiff submits to any Trial date as may be identified by the
Honorable Court.

PRAYER
WHEREFORE, Plaintiff, ARLEEN C. TAN, respectfully prays that,
Defendant, ELENA C. DAGOHOY be compelled to vacate the premises of the
subject property pay the amount of rental due to the present valued at
Fifteen Thousand Pesos Monthly (15,000.00) plus cost of suit.

Copy Furnished:

Municipal Trial Court

Branch 3, Tacloban City

ATTY. NOEL SOLIBAGA

Counsel for the Defendant
Room 23, 2F, Gomez Building
Cajurao St., Calbayog City
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Pre-trial Brief for the Plaintiff
 EXPLANATION FOR FILING AND SERVICE BY REGISTERED MAIL

In compliance with Rule 13, Section 11 of the Rules of Court, counsel

respectfully manifests that the foregoing PRE-TRIAL BRIEF FOR THE
COMPLAINANT will be filed and served by registered mail due to distance
and time constraints, as well as the limited number of office messengers
available.

ATTY. ARIEL BALTAZAR

Counsel for the Plaintiff
Commission Expires at Dec. 31, 2019
Roll of Attorney No. 98765
IBP No. 12345/2-5-18/ Manila
PTR No. 12345/12-22-18/Manila
Room 25, 2F, Manila Cons. Building
Justice Romualdez St., Tacloban City

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