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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


First Judicial Region
Baguio City
Branch 62
KURT PAUL BAGAYAO,
Plaintiff,
Civil Case No. 2341521-64
- versus for:
Annulment of Deed of
Sale,
Transfer
Certificate
of
Title,
Reconveyance
and
Damages

JAYMART BELLO and THE


REGISTER OF DEEDS OF
BAGUIO CITY,
Defendant
x-------------------------x

PRE-TRIAL BRIEF
(for the Plaintiff)
PLAINTIFF, through counsel, respectfully submits his Pre-Trial
Brief to the Honorable Court, 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 fair


and reasonable proposal and reciprocal openness, of and on the
part of the defendant.
2. Plaintiff respectfully submits that the desired terms of any
amicable settlement would involve the parties agreement as to
the reasonable amount of claim in favor of the plaintiff, if duly
substantiated with documents.
II.

BRIEF STATEMENT OF CLAIMS

1. Plaintiff claims that the Deed of Absolute Sale dated April 20,
2016 in favor of Jaymart Bello is null and void and that the
Plaintiff should be reinstated as the original owner of the subject
land covered by such deed.
2. Defendant raises as defense that the said land was sold to him
through the above-stated Deed of Sale and that such transfer
was valid.

III.

STIPULATION OF FACTS

A. STATEMENT OF FACTS
1. The plaintiff, Kurt Paul Bagayao is, of legal age, single, Filipino
Citizen and a resident of #7 Poblacion, Itogon, Benguet;
2. The defendant, Jaymart Bello is, of legal age, single, Filipino
Citizen and a resident of #85 South Central, Aurora Hill, Baguio
City;
3. Defendant Register of Deeds of Baguio City is a government
agency which is the repository of records affecting properties and
is tasked with the registration, cancellation and transfer of titles
thereof;
4. The plaintiff is the lawful owner of Lot no. 2221, PSD-081092 by
Original Certificate n0. 3782 situated in #38 Bonifacio St., Baguio
City consisting of One Hundred square meters (sq. m.) with an
assessed value of more or less Nine Hundred Thousand Pesos
(Php 900,000.00);
5. The Plaintiff pays for the real estate taxes of the said subject land
evidenced by tax declaration;
6. The plaintiff obtained a loan from defendant in the sum of Five
Hundred Thousand Pesos (Php 500,000.00);
7. Prior to the execution of the contract of loan, the defendant
imposed the condition that the Original Certificate of Tile no.
3782 be surrendered to him in the meantime in order to satisfy
himself of the latters financial standing and his ability to pay the
incurred debt;
B. MATTERS TO BE ADMITTED BY THE DEFENDANT
1. That the Deed of Absolute Sale dated April 20, 2016 was forged
by the defendant and that the plaintiff did not sign the said
document;
2. That the Acknowledgment Receipt that the defendant is averring
does not exist and is but a pigment of his own imagination;
3. That there was never a contract of sale or any similar transaction
involving the land in dispute.
IV.

ISSUES TO BE RESOLVED

1. Whether or not the Deed of Absolute Sale dated April 20, 2016 in
favor of Jaymart Bello is valid.
2. Whether or not Kurt Paul Bagayao should be reinstated as the
original owner of the subject land covered by such deed.
2

3. Whether or not Kurt Paul Bagayao is entitled to damages and


attorneys fees.
4. Whether or not the Transfer Certificate of Title no. T-21382 in the
name of Jaymart Bello should be cancelled.

V.

APPLICABLE LAWS AND JURISPRUDENCE

A. STATUTES APPLICABLE
1. Presidential Decree no. 1529 Property Registration Decree
In order to determine the validity of the transfer of the title
to the defendant, the provisions under the voluntary
dealings, conveyances and transfer of a registered land
must be strictly applied and complied with.
2. Republic Act no. 386 Civil Code of the Philippines
The provisions of the Civil Code of the Philippines on the
Contracts of Loan (Mutuum), Contract of Sale and the
modes of extinguishment of obligation, specifically
payment, must likewise be applied.
B. JURISPRUDENCE
1. Spouses Villanueva v. Court of Appals, GR no. 84464, June 21,
1991
2. Eduardo Baranda v. Hon. Judge Tito Castillo, GR no. 81163,
September 26, 1988
3. Lucia Embrado and Oreste Torregiani v. Court of Appeals, GR no.
51547, June 27, 1994
VI.

EXHIBITS/EVIDENCE, WITNESSES AND TRIAL DATES

A. DOCUMENTARY EXHIBITS
The Plaintiff intends to present the following documents as
evidence:
1. Original Certificate of Title no. 3782 (Exhibit A) to prove the
ownership of the Plaintiff over the land subject matter of this
case;
2. Tax Declaration no. 01-12345-654321 (Exhibit B) to prove acts
of administration undertaken by the plaintiff and his
uninterrupted and continuous possession of the land;

3. Promissory Note (Exhibit C) to prove that the contract is a


simple loan without security whatsoever;
4. Acknowledgment Receipt (Exhibit D) to prove that the payment
of the said loan has been made;
5. Transfer Certificate of Title (Exhibit E) to show that the
defendants act of fraudulently transferring the subject property
under his name.
B. WITNESS/ES
1. Plaintiff Kurt Paul Bagayao
To testify that he is the plaintiff in this case and to identify
the real property subject matter of the case, antecedent
land title of the questioned land title of the defendant,
facts and circumstances giving rise to the act complained
and documents relevant and material to the case.
C. TRIAL DATE/S
The Plaintiff respectfully requests that the trial date be set on
November 21, 2016 to present its lone witness Kurt Paul Bagayao
for cross-examination.
WHEREFORE, premises considered, it is respectfully prayed
unto this Honorable Court that the foregoing Pre-Trial Brief be duly
noted.
Baguio City this 5th day of November, 2016.

LUCILLE ARIANNED B. DONATO


NA no. 47-NC-16-R
PTR no. 7150933;1-02-16; Baguio City
IBP Lifetime no. 947555; 1-02-16; Baguio-Benguet
Roll of Attorneys no. 77777; May 6, 2002
MCLE Compliance no. IV-007977; June 19, 2015
Unit 401, 4F West Burnham Palace,
Kisad Rd., Baguio City.

Copy Furnished:
Atty. Amor Manuel
Rm. 202, 2/f Navotas Bldg.,
KM 5, La Trinidad, Benguet.