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Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT IN CITIES


7th Judicial Region
Toledo City, Cebu

SPOUSES JULIO ALINGHAWA &


FLORENCIA ALINGHAWA,
Plaintiffs,

-versus- CIVIL CASE NO. 1292


For: EJECTMENT

SPOUSES MANOLITO & JOSEFINA


GABASA, ROSANA ACULBE & WILLY
ACULBE
Defendants,
x---------------------------------------------------------/
DEFENDANT’S PRE-TRIAL BRIEF

Defendants, through undersigned counsel, and unto this Honorable Court,


most respectfully submits this Pre-Trial and states that:

A. POSSIBILITY OF AMICABLE SETTLEMENT

Defendants are willing and open to enter into an amicable settlement with
regards only to financial support.

B. BRIEF STATEMENT OF FACTS

Plaintiff brought an action to eject the defendant in the subject lot in which
he is the registered owner thereof. The lot in question is owned by Felipe
Alighawa who is the ancestor of both parties. There was no Settlement of
Estate made by them and therefore the said lot is still remains under the co-
ownership of both parties eventhough the Certificates of Title was
erroneously issued in plaintiffs favor;

The plaintiffs likewise had no cause of action against the defendants as his
ownership of the land is only up to the extent of 22 square meters. Transfer
Certificate of Title No. CLOA-700 in the name of the plaintiff derived from
Transfer Certificate of Title No. CLOA-131 on which the plaintiffs
ownership is only to the extent of 22 square meters. The previous title of the
lot which is Transfer Certificate of Title No. CLOA-131 mentioned that the
lot cannot be encumbered for a period of 10 years from January 14, 2002.
Transfer Certificate of Title No. CLOA-700 was issued on April 22, 2011,
which is less than 10 years from the issuance of Transfer Certificate of Title
No. CLOA-13.
The plaintiff had earlier filed an ejectment case against the defendant in the
unlawful detainer case before this Honorable Court docketed as Civil Case
No. 1231 but was dismissed by this Honorable Court. This case should not
prosper because the proper case that should be filed by the plaintiffs should
be for recovery of possession and not another summary unlawful detainer;

C. PROPOSE STIPULATION OF FACTS.

1) Will the plaintiffs admit that Transfer Certificate of Title No. CLOA-700
in the name of the plaintiff derived from Transfer Certificate of Title No.
CLOA-131 on which the plaintiffs ownership is only to the extent of 22
square meters?

2) Will the plaintiffs admit that Transfer Certificate of Title No. CLOA-131
mentioned that the lot cannot be encumbered for a period of 10 years
from January 14, 2002 and thatTransfer Certificate of Title No. CLOA-
700 was issued on April 22, 2011, which is less than 10 years from the
issuance of Transfer Certificate of Title No. CLOA-131

3) Will the plaintiffs admit that the lot in question is owned by Felipe
Alighawa who is the ancestor of both parties?

4) Will the Plaintiffs admit that the defendants had been living in the subject
property for several years?

5) Will the plaintiffs admit that there was a previous case for unlawful
detainer filed by plaintiffs against the defendants involving the same
issues, same subject matter and same parties and the same was dismissed
by this Honorable court?

6) Will the plaintiffs admit that the one year period to file an ejectment case
on the ground of tolerance had already expired considering that there was
a previous case for unlawful detainer filed by plaintiffs against the
defendants involving the same issues, same subject matter and same
parties?

D. ISSUES

1) Whether or not plaintiffs had cause of action against the defendants?

2) Whether or not plaintiff has the right to recover the property in


question from the defendants?
E. DOCUMENTARY EVIDENCE TO BE PRESENTED.

Petitioner reserve the presentation documents which may be become relevant.


.
F. TESTIMONIAL EVIDENCE

a) Testimony of the Defendants

Petitioner reserves the right to present other witnesses as may become necessary in
the course of the proceedings of this case.

Respectfully submitted. August 17, 2019

DAVIDE, SUSUSCO and ASSOCIATES LAW OFFICE


COUNSEL FOR THE DEFENDANTS
Central Poblacion, City of Naga, Cebu
(Beside UCPB Bank Naga Branch)
Tel. No. (032) 2392808
By:

ATTY. GIOVANNI D. SUSUSCO


IBP NO. AR55344831/12/13/2018/ 0Cebu City
PTR No. 3297652/ 01-03-2019/ Talisay City
Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007
MCLE COMPLIANCE NO. V-0008256

Atty. Glenn M. Cavada


Counsel for the Plaintiff
Poblacion, Toledo City, Cebu.