REPUBLIC OF THE PHILIPPINES

Second Judicial Region

REGIONAL TRIAL COURT
Branch 36
San Andres, Santiago City

VILMA PABLO MENDOZA, NORA R.

PABLO AND BELMAR R. PABLO,
Plaintiff,

- versus - Civil Case No. 123456

For: FOR RECOVERY OF
POSSESSION AND DAMAGES

BARANGAY OSCARIZ, RAMON, ISABELA

Represented by Barangay Captain GERMAN V.
VINOYA, JR., JENNIFER CALPUTORA,
Defendant.

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PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief for

compliance with this Honorable Court’s order on February 14, 2019, as
follows:

I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Provided that plaintiff is open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable.

1.2. That the defendant Barangay Oscariz of Ramon, Isabela be

recognized as the rightful owner of the land in dispute.

1.3. That the defendant Barangay Oscariz is willing to pay an

additional amount one hundred pesos (P100.00) per square meter to finally

rest the case.

1.4. That the defendant Barangay Oscariz shall remain as the

rightful possessor/lessor of the land in dispute.

 II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 That defendant Barangay Oscariz claims that it is the rightful owner

of the land in dispute.

2.2 That the defendants had and have been in an open, continuous,

exclusive, notorious, possession and occupation of the land in dispute for 45

years without any protest from Basilio during their lifetime or from his heirs.

2.3 That a sale was made between the plaintiff’s parents and Ceferino

Manuel the Barangay Captain then of the defendant Barangay Oscariz in the

year 1970’s.

2.4 That the plaintiffs have no cause of action against the defendants.

2.5 That the plaintiffs have slept on their rights for almost 5 decades

before asserting any claim, if there was any, over the land. Thereby plaintiff’s

are estopped by laches and barred by prescription in recovering possession

of the land subject of this case.

2.6 That the defendants are in good faith in exercising their right to

possess the property owned.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. The land in question covered by TCT No. T- 28982(SC-85456) is

currently used as market and rented out by the defendants;

3.2 That the defendant is in possession of the land in question.

 IV. STATEMENT OF FACTUAL AND LEGAL ISSUE

The issue presented by both parties, based on the factual and legal issues,

as submitted for resolution of this Honorable Court is Whether or not the

plaintiff has the right to recover the property and demand damages.

V. EVIDENCE

5.1. Defendant intends to present the following witnesses:

5.1.1 Captain German V. Vinoya, to establish that the land in dispute

has long been under possession and ownership of Barangay Oscariz;

5.1.2 Ceferino Manuel Lungayan, to establish that he, along with his

then councils of the barangay, have had negotiated the sale of the subject

land in dispute and that a Sale was perfected;

5.1.3 Documentary Evidence in the form of a Sworn Affidavit of

Ceferino M. Lungayan to establish that a Sale indeed took place between

the plaintiff and the defendant Barangay Oscariz in the year 1970’s.

5.1.4 Documentary Evidence in the form of Minutes of Meeting

conducted by the Barangay Council along with the plaintiffs to rebut the

plaintiffs claim of the Barangays inaction with the regards to their claim.

5.2. Defendants reserves the right to present any and all documentary

evidence, which shall become relevant to rebut plaintiffs’ claims in the course

of trial as well as any other witnesses whose testimony will become relevant

to belief defendants’ witnesses, if necessary.

 VI. RESORT TO DISCOVERY

6.1 Considering the relatively simple issues presented, defendant does

not intend to avail of discovery at this time.

6.2 Subject, however, to a concrete and reasonable request for discovery

from plaintiff, defendant reserved the right to discovery before trial.

VII. APPLICABLE LAWS/ JURISPRUDENCE

7.1. Plaintiff respectfully reserves the right to cite applicable

laws and jurisprudence as the case progresses.

VIII. AVAILABLE TRIAL DATES

Specificaly all Fridays of the month of February, with the regular

appearance of the undersigned counsel before this Honorable Court.

RESPECTFULLY SUBMITTED.
February 14, 2019.

Atty. Joe Dennis A. Tagudin,

LAWYER-AFFIANT
Counsel for the Defendant
Attorney’s Roll No. 82890
IBP No. 1111-10/01/01-Santiago
PTR No. 1234-05/06/07-Santiago
MCLE Compliance No. II-00023456-10 October 2014

Copy furnished:

Atty. Arian Joseph G. Gonzales

Santiago City, Philippines