Republic of the Philippines

REGIONAL TRIAL COURT OF BUKIDNON

10th Judicial Region
Branch 10
Malaybalay City

ENGR. EMMANUEL V. Civil Case No. 4940-17

RAUSA
FOR:
ERMELINDA RAUSA-
ARRIOLA, CONSIGNATION WITH
DAMAGES
AND ALFREDO V. RAUSA,
Plaintiffs,

- versus –

JUKENS PROPERTY
DEVELOPMENT CORP., REP.
BY JOELITO TALAID,
Defendant.

x-----------------------/

PRE-TRIAL BRIEF
(FOR THE PLAINTIFFS)

PLAINTIFFS, through undersigned counsel and unto this

Honorable Court, most respectfully submits this Pre-Trial Brief,
to wit:

I. POSSIBILITY OF AMICABLE SETTLEMENT

The plaintiffs’ manifest that they are willing to explore

possibilities for an amicable settlement provided it is fair and
reasonable under the circumstances.

II. ADMITTED FACTS

All of the allegations indicated in the pleading submitted by

the plaintiffs.

III. PROPOSED STIPULATIONS OF FACTS

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 As provided under Rule 26 of the Rule on Civil Procedure,
the plaintiffs request 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:

a. Transfer Certificate of Title No. AT-22040;

b. Transfer Certificate of Title No. AT-12004;

c. Transfer Certificate of Title No. AT-12005;

d. Transfer Certificate of Title No. AT-22039;

e. Transfer Certificate of Title No. AT-22038;

f. Transfer Certificate of Title No. AT-100756;

g. Transfer Certificate of Title No. AT-100757;

h. Transfer Certificate of Title No. AT-100758;

i. Transfer Certificate of Title No. AT-100759;

j. Transfer Certificate of Title No. AT-100760;

k. Transfer Certificate of Title No. AT-91969;

l. Special Powers of Attorney dated February 09, 2016;

m. Special Power of Attorney dated 02 February 2012;

n. Contracts to Sell over Parcels of Land between

Complainants and defendant Juken Property Development
Corporation;

o. Consolidated Subdivision Plan ;

p. Letter dated 17 February 2017 addressed to Atty. Joeffrey

Sayson;

q. Letters of Rescission dated 25 July 2017 and 28 September

2017 both addressed to Joelito Talaid;

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r. Notice of Consignation dated 03 October 2017 addressed to
Joelito Talaid;

s. Cashier’s Check with Check No. 7280002164 payable to the

order of Jukens Property Development Corporation;

Plaintiffs also propose to stipulate on the following facts:

a. The defendant is liable for the payment of the remaining

balance of the Contract to Sell in the amount of Php
8,921,350.00;

b. The defendant did not pay its monetary obligation to the

plaintiffs as they fall due;

c. Defendant received letters of rescission dated July 25 and

September 28, 2017;

d. Defendant did not reply to the same despite receipt;

e. Defendant received a Notice of Consignation dated October

23, 2017 together with a Check payable to its order in the
amount of Php 7,850,000.00;

f. Rescission of the Contract to Sell was proper;

g. Consignation was properly made;

h. Defendant encashed the aforementioned check;

i. The plaintiff incurred damages as a result of the

defendant’s refusal to accept the initial payments;

IV. STATEMENT OF THE ISSUES

a. Whether or not consignation was properly made;

b. Whether or not the plaintiff is entitled to damages.

V. WITNESSESS

a. Emmanuel V. Rausa

b. 2 others reserved

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 VI. DOCUMENTARY EVIDENCE

Plaintiff requests the marking as exhibits of the following

documents:

a. Transfer Certificate of Title No. AT-22040;

b. Transfer Certificate of Title No. AT-12004;

c. Transfer Certificate of Title No. AT-12005;

d. Transfer Certificate of Title No. AT-22039;

e. Transfer Certificate of Title No. AT-22038;

f. Transfer Certificate of Title No. AT-100756;

g. Transfer Certificate of Title No. AT-100757;

h. Transfer Certificate of Title No. AT-100758;

i. Transfer Certificate of Title No. AT-100759;

j. Transfer Certificate of Title No. AT-100760;

k. Transfer Certificate of Title No. AT-91969;

l. Special Powers of Attorney dated February 09, 2016;

m. Special Power of Attorney dated 02 February 2012;

n. Contracts to Sell over Parcels of Land between

Complainants and defendant Juken Property Development
Corporation;

o. Consolidated Subdivision Plan ;

p. Letter dated 17 February 2017 addressed to Atty. Joeffrey

Sayson;

q. Letters of Rescission dated 25 July 2017 and 28 September

2017 both addressed to Joelito Talaid;

r. Notice of Consignation dated 03 October 2017 addressed to

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 Joelito Talaid;

s. Cashier’s Check with Check No. 7280002164 payable to the

order of Jukens Property Development Corporation;

VII. MODES OF DISCOVERY PROCEDURE

Plaintiffs reserve the right to avail of the modes of discovery

in addition to the aforementioned request for stipulation.

VIII. APPLICABLE LAWS AND JURISPRUDENCE

a. The plaintiff grounds its claims on the pertinent provisions

of the New Civil Code and 1997 Rules on Civil Procedure
including the applicable jurisprudence.

IX. MODES OF DISCOVERY PROCEDURE

Plaintiff intends to avail of discovery procedures or referral

to commissioners when necessary.

X. RESERVATION

Plaintiff respectfully reserve the right to present additional

testimonial and documentary evidence as may become necessary
in the course of the trial.

XI. 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.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the Pre-Trial Brief be noted.

Other reliefs just and equitable under the foregoing are

likewise being prayed for.

Respectfully submitted.

Malaybalay City, Bukidnon, 20 January 2020.

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 LAGAMON AND ASSOCIATES LAW OFFICE
2nd Floor, Jamstar Bldg., corner
Judge Carillo-San Isidro St.
Brgy 5 Poblacion, Malaybalay City Bukidnon
Counsel for the Plaintiffs

By:

DENCE CRIS L. RONDON

Roll of Attorneys’ No. 67495
PTR No. 9648618/03 JAN. 2020/BUK.
IBP O.R. No. 089767/28-DEC-2019/BUK.
Tax Identification No. 496-556-017-000
MCLE Compliance No. VI-0011647
issued on 18 August 2018
09177038190

Copy Furnished:

ATTY. JEOFFREY C. SAYSON

Malaybalay City, Bukidnon
Counsel for
JUKENS PROPERTY DEVELOPMENT
CORPORATION rep. by JOELITO
TALAID

ATTY. EMILIO P. CASIÑO III

Unit 1216, Balagtas Royale Mansions,
Balagtas St., Pasay City

EXPLANATION

(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil

Procedure)

Due to distance, time constraints, and insufficient

manpower, personal filing and service of this pleading was not
resorted to and instead copies of the same were sent by
registered mail with attached registry receipts to the respective
addressees.

DENCE CRIS L. RONDON