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Republic of the Philippines MUNICIPAL TRIAL COURT OF NORZARAGAY Province of Bulacan

SPS. ALBERTO DELA CRUZ & FELOMINA DELA CRUZ, Defendant-Petitionerss,

-versus-

CIVIL CASE NO. 996 For: Unlawful Detainer

HEIRS OF INOCENCIO CASTILLO Represented by Alicia Castillo & Rogelio Castillo, Plaintiff-Respondents. x-------------------------------------------------------------------------x PLAINTIFFS PRE-TRIAL BRIEF

PLAINTIFFS, by counsel and to this Honorable Court, respectfully submits this PreTrial Brief compliance with the trail courts order dated, October 22, 2010. I Plaintiffs are willing to enter into an amicable settlement of the case, under term and condition agreeable to both parties and submit to alternative modes of dispute resolution; II

Plaintiffs Defendant admits the following facts:

A. The paragraph 1 and 2 of the complaint.


B. The paragraph 8, complaint insofar as to the death of defendants husband also

admits paragraph 10, complaint, as regards the absence of plaintiff and her mother in the burial of defendants husband. III Issues to be resolved are the following:

A. Whether or not the plaintiff has cause of action .


B. Whether or not this Honorable Court has jurisdiction over the subject matter of

the case. C. Whether or not the plaintiff is the real party in interest.

D. Whether or not the plaintiff fails to comply with Sec. 4129(a), local Government

Code on Barangay conciliation and Sec 18 and 19, 1991 Revised Rule on Summary Procedure, in relation to sec. 12 and 13 Rule 70, Rules of Court . E. Whether or not the plaintiff fails to shows proof that the defendant actually received a demand letter to vacate the subject property F. Whether or not the plaintiff fails to give three (3) months notice in advance prior to the filing of the case in violation of Sec. 9(e), R.A. No. 9653. G. Whether the complaint was filed harass the defendant. III The Plaintiffs intends to present the following Documentary evidence:

A. Certification to file action (Annex E , Complaint)


B. Sinumpaang Salaysay ( Annex G , Complaint)

C. Demand letter (Annex F , Complaint) D. National Archives, Certification ( Annex 1)


E. TD Approved by Gloria p. Sta. Maria, Municipal Assessor

IV Plaintiffs reserves the right to present additional documentary evidence and witnesses in the course of the proceedings.

Respectfully submitted. Caloocan City, January 18, 2011

PEOPLES LAW OFFICE Counsel for the Defendant Suite 511 Victoria Building 11th Avenue , Caloocan City By: JEREMIAH V. VILLANUEVA ROLL NO. 55252 PRT NO. 0025641/1.28.10/Bulacan IBP NO. 813769/1.26.10/Bulacan COPY FURNISHED : ATTY. LEILANI DACANAY- GRIMARES Counsel for the Plaintiff 48 Periquet St., B.F. HEVA, BF HOME, PARANAQUE CITY EXPLANATION The foregoing Pre-trial Brief was served by registered mail, personal service not being practical due to the lack of messengerial personnel.