REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 62 - GUMACA
QUEZON

EDUARDO RICAMARA
Plaintiff, CIVIL CASE NO.3150-G

- versus- - for -

EDGARDO GRACIA,
SPS. CESAR RAMIREZ RECOVERY OF POSSESSION
and MERCEDITA GARCIA WITH DAMAGES
Defendants.

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TRIAL BRIEF FOR THE PLAINTIFF

COMES NOW, the plaintiff, through the undersigned counsel, unto this Honorable Court, most
respectfully submits its trial brief to wit:

BRIEF STATEMENT OF FACTS

The plaintiff is the absolute owner of a parcel of land situated in Brgy. Tuhian, Catanauan,
Quezon, which property is more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. T-19436

“ A PARCEL OF LAND (Lot 234 of the subdivision plan, Psd 04-051536 (AR) being a
portion of Lot 2395, PSC-2, Catanauan Cadastre, L R C Record No.), situated in the Bario of
Tuhian Municipality of Catanauan, Province of Quezon, Island of Luzon. Bounded on the SW.,
along line 1-2 by Lot 237; on the NW., and Lot 233 ; and on the SE., along line 5-1 by Lot 235,
all of the subdivision plan. Beginning at a point marked “1” on the plan being N. 67 deg. 57’ W.,
2389.61 m. from BBM No. 35, Psc-2, Catanauan Cadastre, thence x x x; containing an area of
TWENTY NINE THOUSAND TWO HUNDRED FIFTY FOUR )29, 254) SQUARE METERS,
more or less.

With an assessed value of P29,950.00 under PRO. Ind. No. 015-08-046-001-035.”

He acquired the aforesaid property as farmer beneficiary through the Comprehensive Agrarian
Reform Program of the Department of Agrarian Reform and paid its price with the government.

In 2003 defendant Edgardo Gracia requested the plantiff to allow him to put up a small hut within
plaintiff’s property near the seashore which will be used in tending his fishpen.

The plaintiff acquiesced to such plea but informed defendant Garcia that he will have to vacate the
said portion voluntarily in the event that the former shall need the same, to which defendant Edgardo
Garcia agreed.

After few year, the plaintiff noticed that defendant Edgardo Garcia started clearing portion of the
plaintiff’s property and when he realized that the area gets bigger and bigger, the plaintiff restrained
defendant Garcia from further clearing the property.
 As soon as the plaintiff prohibited the defendant from further clearing the property, the latter
would employ the scheme of stopping from cleaning the plaintiff’s land whenever Mr. Ricamarais around
and as soon as he is out of sight, the defendant would continue.

Thereafter, the defendant Edgardo Garcia started planting coconuts within the plaintiff’s property,
to which the latter reacted by prohibiting said defendant from further planting.

In the year 2006, defendant Edgardo Garcia went to Mindoro Province leaving his hut and the
planted portion of the plaintiff’s property to defendant spouses Cesar Ramirez and Mercedita Garcia, who
vocally represented themselves as the overseer of the defendant Edgardo Garcia and they likewise told the
plaintiff that they will not leave the portion of the property as derived possession from defendant Edgardo
Garcia.

Aside from the plantings of Edgardo Garcia, the defendant spouses likewise planted the area with
corn and to date the portion already encroached by the defendant is about ¼ of the plaintiff’s property and
their endeavor to increase the area of their possession to the damage and prejudice of the plantiff.

PROPOSAL FOR ADMISSION/STIPULATION OF FACTS

1. That the instant case is within the jurisdiction of this Honorable Court.

2. That the plaintiff is the absolute owner of the property on question and he acquired the same
as farmer beneficiary through the Comprehensive Agrarian Reform Program of the
Department of Agrarian Reform and paid its price with the government.

3. That the defendant Edgardo Garcia requested the plaintiff to allow him to put up a small hut
within the latter’s property with an agreement if ever the plaintiff needs the same he will
voluntarily vacate the premises.

4. Tha defendants encroached an area of almost ¼ of the plaintiff’s property and their endeavor
to increase the area of their possession to the damage and prejudice of the plaintiff.

5. That notice/demand letter to vacate the property was sent to the defendants but the latter
refused to comply with the said demand and several negotiations between the parties.

ISSUES

WHETHER OR NOT THE PLAINTIFF IS ENTITLES TO EPACEFUL POSSESSION OS HIS

PROPERTY AND RECOVER THE ARE POSESSED BY DEFENDANTS.

WHETHER OT NOT DEFENDANTS ARE HELD LIABLE FOR THE DAMAGES BEING
CLAIMED BY THE PLAINTIFF IN VIEW OF THEIR DEFIANCE TO VACATE AND PEACEFULY
DEKIVER POSSESSION OVER THE PROPERTY.

APPLICABLE LAWS

The pertinent provisions of the Civil code on Possession, Ownership and Damages, and other
allied laws are applicable to the instant case. The Rules on Evidence and relevant decisions of the
Supreme Court bearing similar facts and issues are also applicable in this case.
 DOCUMENTARY EXHIBITS TO BE PRESENTED

The plaintiff shall submit the following annexes attached in the complaint, to wit:

1. Transfer Certificate of Title No. T-19436

2. Tax Declaration No. 08-0046-00110

3. Katibayan upang Makadulog sa Hukuman

4. Demand Letter dated January 27, 2011

5. Return Card addressed to Edgardo Garcia c/o Cesar Ramirez and Mercedita Garcia

6. Return Card addressed to Cesar Ramirez and Mercedita Gracia Ramirez

The plaintiff likewise reserves the right to submit and mark documentary evidence during the

course of the trial.

PROPOSAL FOR AMICABLE SETTLEMENT

The plaintiff id very much willing to have the case amicably settled and it is hereby

expressing its willingness to do so, provided that they will vacate the property peacefully and remove all

the improvements introduced thereon.

DATE OF HEARING