Republic of the Philippines

SUPREME COURT
Third Judicial Region
___________ TRIAL COURT
____________________

,
Plaintiff,

-versus- CIVIL CASE NO. _________

For: Ejectment (Unlawful
Detainer) with Damages

___________________ and Any

And all other Parties Under Her,
Defendant.
x-----------------x

PRE-TRIAL BRIEF

COMES NOW, PLAINTIFF by and through the undersigned

counsel, unto this Honorable Court, most respectfully manifests and
avers, that:

POSSIBILITY OF AMICABLE SETTLEMENT:

Plaintiff is open to accept proposals to settle the instant case

amicably on terms that are just and equitable to all concerned. Herein
Plaintiff is likewise submitting herself, to the mediation and dispute
resolution provided for by laws.

FACTS FOR STIPULATION AND ADMISSION

Will the defendant, through counsel, admit the following, that:

1. Plaintiff is the registered owner of the parcel of land subject of this

case;
2. The parcel of land subject of this case is covered under ________;
3. The parcel of land subject of this case is covered by Tax
Declaration No. _____________;
4. Plaintiff is the one paying for the real estate tax of the parcel of land
subject of this case;
5. Defendant knew of the fact that the parcel of land subject of this
case was the subject of Civil Case No. ______ before the MTC of
__________;
 6. Plaintiff was installed to the possession of the parcel of land subject
of this case by ___________;
7. Plaintiff and defendant entered into a Kasunduan dated
___________ before the barangay officials of Brgy. __________;
8. Plaintiff sent demand letter to vacate dated _________ and was
received by the defendant;
9. There is no tenancy agreement existing Plaintiff and defendant;

Plaintiff reserve the right to stipulate for undeniable facts on the

course of the pre-trial proper and during the trial.

ISSUES

1. Whether or not the defendant is guilty of unlawful detainer and

should be evicted from the land subject of the instant case; and
2. Whether or not the defendant is liable for damages

DOCUMENTS TO BE PRESENTED

1. Exhibit “A” – Katibayan ng Orihinal na Titulo Blg. ____________;

2. Exhibit “B” – Tax Declaration of Real Property TD No. ________;
3. Exhibit “C” – Real Estate Tax Receipt No. ______;
4. Exhibit “D” and “D-1” – Writ of Execution dated __________;
5. Exhibit “E” – Kasunduan dated ________ executed by and between
_______ and _________ before barangay officials of _______;
6. Exhibit “F” and Series – Envelop of the demand letter to vacate
sent to _______ with stamp marks and notation;
7. Exhibit “G” – Demand Letter to vacate dated _____________ with
the notation “Refused to sign”;
8. Exhibit “H” – Affidavit of Service dated _______;
9. Exhibit “I” – Certificate to File Action dated _____________;
10.Exhibit “J” – Subdivision Plan.

Plaintiff further prays for the reservation to mark other exhibits and
documents during the course of the Pre-Trial and Trial.

INTENTION TO AVAIL OF DISCOVERY PROCEDURES

Plaintiff intends to avail of the modes of discovery under the 1997

Rules of Civil Procedure.

NUMBER OF WITNESSES

Plaintiff intends to present the following witnesses:

1. ___________;
2. ___________;

2
 3. ____________

Plaintiff is respectfully reserving her right to present additional

witnesses during the course of the trial.

TRIAL DATES

As may be agreed upon between the parties subject to the

Honorable Court’s Calendar.

APPLICABLE LAWS and JURISPRUDENCE

1. The Rules of Court;

2. The laws on Land Registrations;
3. The New Civil Code of the Philippines; and
4. Other Related Laws Supreme Court rulings.

RESPECTFULLY SUBMITTED.

____________________.

___________________
Roll of Attorneys No. ______
PTR OR No. _____/______/_______
IBP OR No. ______/_______/_____________
MCLE Compliance ________, ________
Cellphone No. ___________
Email: ________

The Branch Clerk of Court

____________

Greetings!

Kindly submit the foregoing Pre-Trial Brief for the kind

consideration of the Honorable Court immediately upon receipt hereof.

________________

COPY FURNISHED (Thru Registered Mail):

______________
Counsel for the Defendant

3
____________________

EXPLANATION

Copy of this reply was furnished to the counsel of the defendant

thru registered mail instead of personal service by reason of necessity and
practicality.

_________________