REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Eleventh Judicial Region
Branch 7
Davao City

EDHA JOY A. BANGOY, CIVIL CASE NO. M- DVO- 16-

00639- SC
Plaintiff

FOR: Recovery of Possession,

Damages, and Attorney’s Fees
-versus-

HEIRS OF ROXANNE R. MANGUBAT,

Defendant.

X----------------------------------------X

PRE- TRIAL BRIEF

COMES NOW, Plaintiff assisted by counsel, and unto this

Honorable Court, most respectfully submit this Pre-Trial Brief with
following averments:

BRIEF STATEMENT OF FACTS

Plaintiff is a registered owner of a parcel of land covered by

Certificate of Title No. T-381560. This property located at Barrio of
Mulig, Davao City has been declared for tax declaration purposes.
The title of the property is valid and binding, and there is no pending
Reversion case filed by the government questioning its validity.

This is presently illegally occupied by the defendant.

POSSIBILITY OF AMICABLE SETTELEMENT

The plaintiff is open to a possible amicable settlement of this

case as long as the terms and conditions are just and equitable.
 ISSUES

1. WHETHER OR NOT THE PLAINTIFF IS ENTITLED TO THE

RECOVERY OF THE POSSESSION OF THE SUBJECT
PROPERTY FROM THE DEFENDANT; and
2. WHETHER OR NOT THE PLAINTIFF IS ENTITLED TO ITS
CLAIMS FOR DAMAGES AND ATTORNEY’S FEES.

PROPOSED STIPULATION OF FACTS

1. The existence of the title of Barrio Mulig pertaining to the

subject property;
2. This title is still in tact and has never been declared as null and
void by a court of competent jurisdiction;
3. The occupation of the defendant inside this property.

DOCUMENTARY EXHIBITS

Exhibit Description Purpose

A Deed of Absolute To prove that the property in Barrio
Sale Mulig, Davao City was acquired by the
plaintiff from Roxanne R. Mangubat.

To prove that the Deed of Absolute

Sale was acknowledged before the
Notary Public Maureen Gatchalian and
entered in her Notarial Register.

B TCT No. T-381560 To prove that the plaintiff is the owner

of the property as the title is under the
name of Edha Joy A. Bangoy.

C Tax Declaration No. To prove that the plaintiff is the owner

97GR-09-065-0032 of the property with TCT No. T-38250.
for TCT No. T-
381560

D Demand letter To prove that the plaintiff had

dated December 6, demanded the defendants to vacate
2019 the subject property.

E Judicial Affidavit of To prove the allegations in the

Plaintiff Edha A. complaint.
Bangoy
 F Judicial Affidavit of To prove the authenticity of the title of
Savannah Rosales, the property with TCT No. T-381560.
authorized
representative of
the Registry of
Deeds

G Judicial Affidavit of To prove the authenticity of the Deed

Bonita Marilet, of Absolute Sale between Roxanne R.
witness in the Deed Mangubat and Edha Joy A. Bangoy.
of Absolute Sale
H Judicial Affidavit of To prove the authenticity of Tax
Nicolas Bartolome, Declaration No. 97GR-09-065-0032
authorized
representative from
The Office of the
City Assessor.

The Plaintiff reserves its right to present additional documentary

evidence as the need arises.

WITNESSES

1. The Plaintiff, Edha A. Bangoy;

2. Savannah Rosales, authorized representative of the Registry of
Deeds;
3. Bonita Marilet, witness in the Deed of Absolute Sale
4. Nicolas Bartolome, authorized representative of the Office of
the City Assessor
5. The Plaintiff reserves its right to present additional documentary
evidence as the need arises.

AVAILABLE TRIAL DATES

The Plaint and its legal counsel will make themselves available
during the dates that may be agreed during trial or as may be ordered
by the Honorable Court.

RESPECTFULLY SUBMITTED.

January 13, 2019. Davao City, Philippines.

 For the Plaintiff:

DE LOS SANTOS & TEJADA LAW OFFICE

Ground floor De los Santos Building,
Km. 7 Mac Arthur Highway Davao City, 8000
e-mail: laralubag@ymail.com

by:

LARA AUREA L. DE LOS SANTOS

Roll of Attorneys No. 12334
IBP No. 82983; Davao City
PTR No. 918304; Davao City
MCLE Compliance no. 0938032
TIN No. 123-456-789

Copy furnished:

ATTY. ANGELICA A. DEIPARINE

Counself for the Defendants
Deiparine Law Office
Matina, Davao City

Received by:_______________________

Date Received:_____________________