Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 65
Talibon, Bohol

DOMINADOR A. DELA CRUZ Civil Case No. 22320-13-4724

Plaintiff
For: ANNULMENT/CANCELLATION
OF TITLES, RECOVERY OF
POSSESSION WITH SPECIFIC
PERFORMANCE AND DAMAGES

Versus

JUAN A. ABUSADO,
Defendant

x------------------------------x

PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits his Pre-Trial Brief, 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 concrete

proposal that is fair and reasonable and a reciprocal manifestation of
openness from defendant.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. The defendant registered under his name Lot No. 13283, covered by
Original Certificate of Title No. 141223 under the name of Spouses
Dela Cruz and was issued Transfer Certificate of Title 068-
2015000320 issued on October 20, 2005 through a judicial decree for
reconstitution of title based on a forged deed of absolute sale signed by
the defendant and the spouses Dela Cruz on June 13, 2002.
 2. The plaintiff now institute this action for annulment or cancellation of
title, recovery of possession and specific performance and damages for
the acquisition of the defendant of title and possession is procured
through fraud and prejudicial to the rights of the plaintiff as sole heir.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Plaintiff admits the personal circumstances of the parties as stated in

the compliant and answer.

2. Plaintiff further admits the facts stated in his complaint only.

IV. ISSUES TO BE TRIED

1. Whether or not the Deed of Absolute Sale was duly executed between
the defendant vendee and spouses Gregorio E. Dela Cruz

2. Whether or not the spouses Gregorio E. Dela Cruz signed the Deed of
Absolute Sale.

3. Whether or not defendant is a lawful owner and possessor of the lot.

V. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

Exhibit A- An original owner’s copy of the Original Certificate of

Title No. 141223 under the name of the late parents of the plaintiff.

Exhibit B – An original copy of a tax declaration of real property.

Exhibit C – A machine copy of the affidavit of loss executed by the

defendant before a notary public.

Exhibit D - An original copy of the certificate of marriage of the

spouses Gregorio E. Delacruz.

Exhibit E - An original copy of the certificate of live birth of the

plaintiff.

Exhibit F - An original copy of the certificate of death of the spouses

Gregorio E. Delacruz and Susana Allado.
 The plaintiff reserves his right to present other documents not herein
listed as may be deemed necessary.

VI. WITNESSES TO BE PRESENTED

1. The plaintiff himself – to testify the relationship with the lot owners
spouses Dela Cruz.

2. Dr. Charito E. Arriba - to testify the illness and death of the spouses
Dela Cruz.

3. Mr. Daniel Quidato - to testify the genuineness and execution of the

Deed of Absolute Sale.

4. Plaintiff reserves the right to present other witnesses not herein

enumerated as deemed necessary.

VII. AVAILABLE TRIAL DATES

The plaintiff would depend on the dates agreed upon during the pre-
trial.

RESPECTFULLY SUBMITTED.

Talibon, Bohol, January 6, 2020.

ATTY. FRANCIS DJAN QUIDATO

Roll No. 891012
 IBP No. 846555/ 1-02-14/Tagbilaran City
PTR No. 4150922/1-02-14 /Tagbilaran City
MCLE Compliance No. IV-1049441
March 21, 2012

COPY FURNISHED:
BY PERSONAL SERVICE

THE LEGAL CONNECTION LAW FIRM

Counsel for the Defendant
Recoletos St. Immaculate, Talibon, Bohol, 6325 Philippines
Tel No. (033) 345 1291
Received on January 7, 2015