REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
City of Parañaque
Branch ____

EVELYN CATBAGAN,                       
         Plaintiff,
                                CIVIL CASE No.
-versus-           FOR: Unlawful Detainer

JOSE BARTOLAY.
              Defendant.
x---------------------------------------------------x

PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1. Plaintiff 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.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. The plaintiff is the owner of a house and has been in possession of the house and
lot since 2000, which is located at 356/1503 (A) Parejo St.,Sto. Niño De Culdesac,
Sun Valley, Parañaque City as evidenced by the Official Receipts for monthly dues
issued by Sto. Nino Culdesac Sun Valley Neighborhood Association Inc.,
Paranaque City, dated November 17, 2004, December 6, 2005, October 10, 2008,
January 20, 2009, March 1, 2009, June 12, 2009, August 17, 2009, Novemeber 1,
2009, December 4, 2009, January 6, 2017, May 7, 2017 and March 6, 2018;
Certification issued by Sto. Nino Culdesac Sun Valley Neighborhood Association
Inc., Paranaque City dated September 20, 2018; Certification issued by Urban
Mission Areas Development Office dated September 20, 2018;

2. That sometime in October 2017,defendant approached and asked plaintiff to allow

him to stay in the subject property because defendant was forced out of the house
by his aunt Aida, whom defendant was living with at that time.

3. Considering that defendant is plaintiff’s nephew, plaintiff allowed defendant to

stay in and occupy the subject property.
4. Sometime in October 2018, however, the son of plaintiff, Marker Bartolay, needed
to occupy the subject property. Thus, plaintiff notified the defendant of her need of
the property and asked defendant to move out of the said house. But defendant
refused and failed to vacate the subject property despite the demand made by the
plaintiff.

5. That defendant has continued to occupy the said house and lot notwithstanding the
fact that plaintiff has already sent him several demands both oral and written, thus
depriving the plaintiff of the use and possession of the said house and lot.

6. Thus, on November 9, 2018, plaintiff sent defendant its final and last letter of
demand to vacate the subject property thru LBC, which received by defendant’s
wife Yolanda Bartoloy on November 11, 2018 as evidenced, by the Demand Letter
dated November 9, 2018 and proof of receipt of the same by defendant.

7. That defendant is unlawfully withholding the use and possession of the subject
house from the plaintiff despite several made by plaintiff demand, to the damage
and prejudice of the plaintiff;

8. Before filing of this complaint, the dispute has been referred to the Office of the
Lupong Tagamayapa of Barangay Sun Valley the parties, however, failed to
arrive at an amicable settlement. Thus, a Certificate to File Action was issued
by the Office of Lupong Tagapamayapa, Brgy. Sun Valley, Parañaque City.
The continuous possession by the defendant and her refusal to vacate the property
has become illegal and unlawful, and plaintiff is now entitled to the immediate
possession of the same;

9. Due and for reason of the acts of the defendant, the plaintiff was compelled to
hire the services of counsel for which it is obliged to pay the amount of THIRTY
THOUSAND PESOS (Php 30,000.00) as Attorney’s Fees to enforce its rights and
protect its interest.

10.Because of the continued refusal of the defendants to vacate despite notices,

demands and commitment to vacate and turnover the place, the defendants by
way of damage is entitled to a monthly rental of FIVE THOUSAND PESOS
(P5,000.00) per month effective from the last demand until defendant and all
persons claiming rights under them physically vacate the property;

11.The plaintiff now institutes this action for unlawful detainer for the continued
possession by the defendant of the subject property is prejudicial to the rights of
the plaintiff.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Plaintiff admits the facts stated in his complaint only.

IV. ISSUES TO BE TRIED

1. Whether or not defendant should be ejected from the subject property.

 2. Whether or not plaintiff is entitled to rentals, damages and attorney’s fees.

V. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

Annexes “A”, “A-1”, “A-2”, “A-3”, “A-4”, “A-5”,“A-6”, “A-7”, “A-8”, “A-
9”,“A-10” and “A-11” - Official Receipts for monthly dues issued by Sto. Nino
Culdesac Sun Valley Neighborhood Association Inc., Paranaque City, dated November
17, 2004, December 6, 2005, October 10, 2008, January 20, 2009, March 1, 2009, June
12, 2009, August 17, 2009, November 1, 2009, December 4, 2009, January 6, 2017, May
7, 2017 and March 6, 2018, respectively.

Annex “B” - Certification issued by Sto. Nino Culdesac Sun Valley

Neighborhood Association Inc., Paranaque City dated September 20, 2018.

Annex “C” - Certification issued by Urban Mission Areas Development

Office dated September 20, 2018.

Annex “D” - Demand Letter dated November 9, 2018 is hereto attached as

Annex “D-1” - Proof of Receipt of the demand Letter
Annex “E” - Certificate to File Action
Annex “F” - Affidavit of witness (reserved)
Annex “G’ - Official Receipts issued by Judiciary

The plaintiff reserves his right to present other documents not herein listed as may
be deemed necessary.

VI. WITNESSES TO BE PRESENTED

1. The plaintiff himself – to testify regarding the unlawful continued possession by

the defendant of the subject property;

2. Defendant reserves the right to present other witnesses not herein enumerated as
deemed necessary.

VII. AVAILABLE TRIAL DATES

The plaintiff would depend on the dates agreed upon during the pre-trial.

RESPECTFULLY SUBMITTED.

Paranaque City, March 15, 2019.

 COS GUEVARRA
& ASSOCIATES LAW OFFICES
Counsel for the Plaintiff
Unit 210 Doña Eusebia Rodriguez Bldg.,
0611 Quirino Ave., san Dionisio, Parañaque City
Tel. No.825-99-18

By:

ATTY. MELANIE OBRIQUE-GUEVARRA

PTR NO. 1741150 – 1/ 17/2019, P’QUE CITY
IBP NO. 070285 – 1/21/2019, PASIG CITY
Roll No.56511
MCLE COMPLIANCE NO. VI-0014042

EXPLANATION

Pursuant to Rule 13, Section 11 in relation to Section 6 of the 1997 Rules of Civil
Procedure, the service and filing of the foregoing PRE-TRIAL BRIEF was made to the
counsel of defendant through LBC due to the lack of personnel and sufficient resources
to effect service and filing by personal delivery.

ATTY. MELANIE OBRIQUE-GUEVARRA

COPY FURNISHED:

TABAQUERO ALBANO LOPEZ & ASSOCIATES

Atty. Benedicto D. Tabaquero
3rd Floor, Unit K, #854 Sta. Catalina Street,
San Antonio Valley 1, Parañaque City
Metro Manila