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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


First Judicial Region
Branch

JESSICA KATRINA ADVINCULA,


Plaintiff,
CIVIL CASE No. 12345
-versus- FOR: EJECTMENT
(Unlawful Detainer)

ROJANNE PASCUA,
Defendant.

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PRE-TRIAL ORDER

When this case was called for preliminary conference, Atty


Eduard Angelo Rodriguera appeared for the plaintiff, and Atty.
Vanessa Barlolong appeared for the defendant. The plaintiff Jessica
Katrina Advincula and the defendant Rojanne Pascua were also
present.

POSSIBILITY OF AMICABLE SETTLEMENT

During pre-trial order, there was no agreement as to the


possibility of amicable settlement of the case.

STIPULATION OF FACTS BETWEEN THE PARTIES

The plaintiff through her counsel and the defendant through her
counsel stipulated on the following that:

Admitted Facts:

1. That the plaintiff is the registered owner of the land subject of


the issue.
2. That the defendant was merely staying at the said property by
mere toleration of the plaintiff.
3. That the plaintiff allowed the defendant to stay in her property
4. That the plaintiff went to the defendants place together with
Eugenice Bautista on November 23, 2016.
Disputed Facts:

1. That repeated verbal and written demands and notices to


vacate were sent to and received by the defendant.
2. That the defendant failed and refused to vacate despite receipt
of letters of demand and the notice to vacate.
3. That the phone of the defendant was stolen on November 2,
2016.

ISSUES TO BE TRIED OR RESOLVED

The following issues are to be resolved in this case:


1. Whether or not the defendant should leave the property
2. Whether or not the defendant should pay the use of the
property for the period starting from the demand of the plaintiff

EVIDENCE FOR THE PARTIES

The plaintiff marked the following evidences:


1. Annex A - Transfer Certificate of Title No. T-41675 issued by
the Registry of Deeds of Baguio City
2. Annex B and B-1 - Tax Declaration for Title No. T-41675
3. Annex C - Demand to Vacate addressed to Rojanne Pascua
dated 23 December 2016
4. Annex D - Notice to Vacate addressed to Rojanne Pascua
dated 30 December 2016
5. Annex E - Acknowledgement receipt dated 4 January 2017
6. Annex F - Certificate to File Action dated 7, February 2017
7. Judicial Affidavit executed by Jessica Katrina Advincula dated
16 February 2017
8. Judicial Affidavit executed by Eugenice Ivy Gwynn Bautista
dated 16 February 2017

The defendant marked the following evidence:


1. Annex A Police Report regarding the lost mobile phone of
Rojanne Pascua dated November 2, 2016
2. Annex B Registry Return Card of Demand Letter received
by Roxanne Bangasan dated January 4, 2017
Wherefore, after the parties have submitted their respective
position papers, the court finds that there is no need for further
proceedings. Judgment shall be rendered within 30 days from
issuance of this order.

HON. JOSE ROMUALDO CARPIO III


Judge