REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

Eighth (8th) Judicial Region
TACLOBAN CITY, BRANCH__

ROMINA MONDRAGON,
Plaintiff,

- versus - Civil Case No. 19-12-15

For: UNLAWFUL DETAINER

DANIELA BARTOLOME,
Defendant

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PRE-TRIAL BRIEF

PLAINTIFF, by counsel and to this Honorable Court, respectfully

submits this Pre-Trial Brief in compliance with the trial court’s order dated
July 18, 2019, containing the following:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff, respectfully manifest, without admitting liability or

waiving any of his right or defenses, that he is open to settling this dispute
amicably, subject to a concrete proposal that is fair and reasonable and a
reciprocal manifestation of openness from defendant;

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff

respectfully submits that the desired terms of any amicable settlement
would involve, first, an admission of amount due and owing to plaintiff
and, second, a schedule of payments.
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II. STATEMENT OF FACTS

2.1. Plaintiff claims that there exists a lease contract agreement for the
property of the plaintiff located in Tacloban City between plaintiff and
defendant, executed on October 5, 2018. Part of the agreement is the
payment of TEN THOUSAND PESOS (PHP 10,000.00) as monthly rental
for the property subject of the lease.
 2.2. Defendant defaulted in the payment of the rent beginning
February 2019.
2.3. Oral and final written demand letter to vacate the property fell on
deaf ears.

2.4. To date, the unpaid obligation amounted to FIFTY THOUSAND

PESOS (PHP 50,000.00).

III. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issues are subject to proof:

4.1.1. Whether or not plaintiff is entitled to recover the

remaining obligation from Defendant amounting to FIFTY
THOUSAND PESOS (PHP 50,000.00)

4.1.2. Whether or not plaintiff is entitled to be awarded with

attorney’s fee and exemplary damages.

4.2. Plaintiff submits that the following issues put forward by the
defendant are subject to proof:

4.2.1. Whether or not the plaintiff did not comply with the
condition precedent of a barangay conciliation under the
Katarungang Pambarangay Law;

4.2.2. Whether or not the plaintiff’s complaint states no cause of

action as payment has been made allegedly by the defendant to
plaintiff’s husband who had a special power of attorney to receive
the same;
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4.2.3. Whether or not defendant is entitled to be awarded with

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moral damages and attorney’s fees.

IV. EVIDENCE
 5.1. Plaintiff intends to present the receipts issued by plaintiff to the
defendant before the default in payment as proof that payments were
always received by the plaintiff and no other.
5.2. Plaintiff intends to present the testimonial evidence of her
husband, Romeo Mondragon.

5.2. Plaintiff request the marking as Annexes of the following

documents:

5.2.1. Lease Contract Agreement (Annex “A”);

5.2.2. Final Demand Letter (Annex “B”); and
5.2.3. Acknowledgement Receipts (Annex “C”).
5.2.4 Latest Unpaid Bill (Annex “D”).

5.3. Plaintiff reserves the right to present any and all documentary
evidence, which shall become relevant to rebut defendants’ claims in the
course of trial as well as any other witnesses whose testimony will become
relevant to belie defendants’ witnesses, if necessary.

V. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff does

not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for

discovery from defendant, plaintiff reserves the right to resort to discovery
before trial.

VI. AVAILABLE 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
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the parties.

WHEREFORE, plaintiff prays that the forgoing be taken cognizance

of.
 RESPECTFULLY SUBMITTED.

Tacloban City. 23 July 2019.

ATTY EDRELYNN JOY C. PALAMOS

Counsel for the Plaintiff
ALCANTARA LAW OFFICE
HMU Bldg. Del Pilar St., Tacloban City
Attys. Roll No. 00866/August 15, 2008
IBP O.R. No. 0123456/01-04-18, Leyte Chapter
PTR No. PL 111222333/01-04-18 Palo, Leyte
MCLE Compliance No. V-0002242, 11-12-2016
Valid Until April 14, 2020
Phone No.: 09171112323
Email: joy_alcantara@gmail.com

Copy Furnished:
By Personal Service

ATTY. DARREN CHEN

Counsel for the Defendant
CHEN LAW OFFICE
Amazing Street, Tacloban City

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ANNEX A

LEASE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of __Tacloban__, this day of
_______October___5_____, 20_18___, by and between:

(ROMINA MONDRAGON), of legal age, single/married to (Romeo Mondragon), Filipino,

and with residence and postal address at (143 Burgos St., Tacloban City), hereinafter referred
to as the LESSOR.

-AND-

(DANIELA BARTOLOME), Filipino and with residence and postal address at (105 Gomez
St., Tacloban City), hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property
situated at (111 Del Pilar St., Tacloban City);

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is
willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases
unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises,
subject to the following:

TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed
that if at any time the premises are used for other purposes, the LESSOR shall have the right
to rescind this contract without prejudice to its other rights under the law.

2. TERM: This term of lease is for ONE (2) YEARS from (October 5, 2018) to (October 6, 2021)
inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as
my be mutually agreed upon by both parties, written notice of intention to renew the lease
shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the
period herein agreed upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS:
AMOUNT IN WORDS (P 10,000.00), Philippine Currency. All rental payments shall be payable
to the LESSOR.

4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and
prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of
PESOS: AMOUNT IN WORDS (P 30,000.00), Philippine Currency wherein the two (2) months
deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month
deposit shall answer partially for damages and any other obligations, for utilities such as
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Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of
the provision of this contract.
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5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as
when the checks are dishonored, the LESSOR at its option may terminate this contract
and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is
in default of payment for One (1) month and may forfeit whatever rental deposit or advances
have been given by the LESSEE.

6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased
premises to be occupied in whole or in part by any person, form or corporation, neither shall
the LESSEE assign its rights hereunder to any other person or entity and no right of interest
thereto or therein shall be conferred on or vested in anyone by the LESSEE without the
LESSOR'S written approval.

7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water,
Internet, association dues and other public services and utilities during the duration of the
lease.

8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or
damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen
disabling cause of acts of God, as to render the leased premises during the term substantially
unfit for use and occupation of the LESSEE, then this lease contract may be terminated
without compensation by the LESSOR or by the LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due
notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE
or its representative at any reasonable hour to examine the same or make repairs therein or for
the operation and maintenance of the building or to exhibit the leased premises to prospective
LESSEE, or for any other lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation
thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased
premises with all corresponding keys and in as good and tenable condition as the same is now,
ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects
of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR
the right, at the latter's option, to refuse to accept the delivery of the premises and compel the
LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until
the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in
case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or
termination for any reason whatsoever.

11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial
relief against the other, the losing party shall pay an amount of One Hundred (100) % of the
amount clamed in the complaint as attorney's fees which shall in no case be less than
P50,000.00 pesos in addition to other cost and damages which the said party may be entitled
to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.

(Romina Mondragon) (Daniela Bartolome)

LESSOR LESSEE

Signed in the presence of:

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_____________________________ ______________________________
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ACKNOWLEDGEMENT

Republic of the Philippines)

_________________________) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Romina Mondragon) 10000000 February 24, 2018/ Tacloban City
(Daniela Bartolome) 10000000 January 07, 2015/ Tacloban City
Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of three (3) page/s, including the page on which this
acknowledgement is written, has been signed on each and every page thereof by the concerned
parties and their witnesses, and and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Book No.______;
Series of 20___.

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ANNEX B

March 5, 2019
Re: Demand to Pay Rent and to Vacate the Leased Property
Dear Daniela Mondragon,

I write to you regarding the above-referenced matter for the property located at Brgy. 111 Del
Pilar St., Tacloban City.
Under our lease agreement, your monthly rent of Php 10,000.00 was supposed to be paid every
first of the month. However, your last rental payment was made on January 1, 2019. As of this
date, you have missed monthly rentals amounting to Php 50,000.00.
Due to the foregoing, I hereby make a final demand to pay Php 50,000.00 and to vacate the
property within fifteen (15) days from receipt of this letter otherwise I would be constrained to
institute the appropriate civil complaint against you. I will aslo hold you liable for interest,
damages, attorney’s fees and expenses that I will incur arising from your unlawful detainer of my
property.
If you have questions, you may contact me at 09771175842.

Best regards,

Romina Mondragon

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ANNEX C
 ACKNOWLEDGEMENT RECEIPT

October 5, 2018

Received the amount of THIRTY THOUSAND PESOS (PHP

30,000.00) from Daniela Bartolome as payment for the one-month advance,
one-month deposit and the monthly rent for October for the property located
at 111 Del Pilar St., Tacloban City.

Received by:

Romina Mondragon

Paid by:

Daniela Bartolome

ACKNOWLEDGEMENT RECEIPT

November 10, 2018

Received the amount of TEN THOUSAND PESOS (PHP10,000.00)

from Daniela Bartolome as payment for the the monthly rent for November
for the property located at 111 Del Pilar St., Tacloban City.

Received by:

Romina Mondragon

Paid by:

Daniela Bartolome

ACKNOWLEDGEMENT RECEIPT
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December 10, 2018 ACKNOWLEDGEMENT RECEIPT

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JanuaryReceived
4, 2018 the amount of TEN THOUSAND PESOS (PHP10,000.00) from
Daniela Bartolome as payment for the the monthly rent for November for the
propertyReceived
located atthe
111
amount
Del Pilar
of TEN
St., Tacloban
THOUSANDCity. PESOS (PHP10,000.00) from
Daniela Bartolome as payment for the the monthly rent for November for the
property located at 111 Del Pilar St., Tacloban City.
Received by:

Romina
Received
Mondragon
by:

Paid
Romina
by: Mondragon

Daniela
Paid by:Bartolome

Daniela Bartolome
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Re: Latest unpaid bill

To: Daniela Bartolome
Lessee
July 1, 2019
Monthly rental: Php 10,000.00
Arrears: Php 40,000.00
Due this July 2019: Php 10,000 ANNEX D
TOTAL AMOUNT DUE: Php 50,000.00

Romina Mondragon
Lessor