REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

Makati City

Branch 158

ERIC C. CONSUNJI

Petitioner,

-versus- Civil Case No. 123-45

FOR: Declaration of

KIMMY D. CONSUNJI Nullity with Demand for

Respondent. Support Pendente Lite

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

PRE-TRIAL BRIEF

Defendant admits the following facts:

A. The paragraph 1 and 2 of the complaint.

B. The paragraph 8, complaint insofar as to the death of defendant’s husband also admits
paragraph 10, complaint, as regards the absence of plaintiff and her mother in the burial of defendant’s
husband.

III

Issues to be resolved are the following:

A. Whether or not the plaintiff has cause of action .

B. Whether or not this Honorable Court has jurisdiction over the subject matter of the case.
C. Whether or not the plaintiff is the real party in interest.

D. Whether or not the plaintiff fails to comply with Sec. 4129(a), local Government Code on
Barangay conciliation and Sec 18 and 19, 1991 Revised Rule on Summary Procedure, in relation to sec.
12 and 13 Rule 70, Rules of Court .

E. Whether or not the plaintiff fails to shows proof that the defendant actually received a demand
letter to vacate the subject property

F. Whether or not the plaintiff fails to give three (3) months’ notice in advance prior to the filing of
the case in violation of Sec. 9(e), R.A. No. 9653.

G. Whether the complaint was filed harass the defendant.

III

The Defendant intends to present the following Documentary evidence:

A. Certification to file action (Annex “E” , Complaint)

B. Sinumpaang Salaysay ( Annex “G” , Complaint)

C. Demand letter (Annex “F” , Complaint)

D. National Archives, Certification ( Annex “1”)

E. TCT NO. 174317 issued by the Register Of Deeds of Quezon City

IV

Defendants reserves the right to present additional documentary evidence and witnesses in the
course of the proceedings.

Respectfully submitted.

Caloocan City, January 18, 2011

PEOPLE’S LAW OFFICE

Counsel for the Defendant

Suite 511 Victoria Building

11th Avenue , Caloocan City

By:
JEREMIAH V. VILLANUEVA

ROLL NO. 55252

PRT NO. 0025641/1.28.10/Bulacan

IBP NO. 813769/1.26.10/Bulacan

COPY FURNISHED :

ATTY. LEILANI DACANAY- GRIMARES

Counsel for the Plaintiff

48 Periquet St., B.F. HEVA,

BF HOME, PARANAQUE CITY

EXPLANATION

The foregoing Pre-trial Brief was served by registered mail, personal service not being practical
due to the lack