Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 33
Ballesteros, Cagayan

HEIRS OF ALFONSO UNITE

TORRICES represented by CIVIL CASE NO. 33-479-2014
NATHALIE TORRICES
MCHENRY, LOUISE TORRICES For: ANNULMENT OF DEED OF
WALKER, LUTGARDA A. ABSOLUTE SALE, ANNUL-
TORRICES and HELEN A. MENT OF TRANSFER CER-
TORRICES, in turn represented TIFICATE OF TITLE NO.
herein by their Attorney-In-Fact, 034-2012000600, LIQUIDA-
ATTY. LEOVILLO C. AGUSTIN; TION/ACCOUNTING
and HEIR ODYLON UNITE AND DAMAGES
TORRICES, represented by sole
heir MIGUEL B. TORRICES,
Plaintiffs,

- versus –

JOSE UNITE TORRICES,

LLEWELYN B. TORRICES and
SPOUSES FELIPE U. TAMAYO
and DIVINA M. TAMAYO and
ATTY. HAXLEY GALANO as
Notary Public,
Defendants.
X-----------------------x

PRE TRIAL BRIEF

--------------------------

DEFENDANT JOSE UNITE TORRICES, by counsel and unto this

Honorable Court, respectfully submits this Pre-Trial Brief.

I.
THE POSITION OF THE PARTIES

POSITION OF THE PLAINTIFF

Plaintiff seeks the annulment of a Deed of Absolute Sale claiming

fraud in the execution of the same. Plaintiffs also seek a Declaration that
TCT No. 034-2012000600 is void.

POSITION OF THE DEFENDANT

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 Defendants claim validity of sale and title. Defendants deny any
participation in any alleged fraud.

The issue of lack of cause of action is raised. Issues of laches or

estoppel as well as misjoinder of parties are raised.

II.
AMICABLE SETTLEMENT

Defendant, although doubtful of his capacity to reconvey the subject

property, remains open to an equitable and amicable resolution of the
aspects of the controversy that may be amicably settled.

III.
ADMISSIONS AND PROPOSALS FOR STIPULATIONS

ADMISSIONS OF DEFENDANT

Other than the admissions in the pleadings, Defendant admits no

additional facts.

PROPOSAL FOR ADMISSION OF FACTS

Defendant requests that Plaintiff admits or stipulates on the following

facts:

1. Defendant is not a party to the execution of the

subject Deed of Absolute Sale dated July 21, 2012;

2. Title has already been issued to the property

subject of the Deed of Absolute Sale dated July 21, 2012;

3. Plaintiffs have not judicially or extrajudicially

settled the Estate of Dominga U. Torrices and Miguel G.
Torrices.

GENUINENESS AND DUE EXECUTION OF DOCUMENTS

At this time, Defendant has no request for admission of the

genuineness and due execution of documents.

IV.
DOCUMENTS TO BE PRESENTED

Defendant shall present the following Documentary Exhibits:

EXHIBIT NATURE
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 “1” Extrajudicial Settlement of Estate of Deceased
Person duly notarized as Document Number 128, Page
27, Book VIII, Series of 1967

“2” Deed of Waiver and Assignment duly notarized as

Document Number 129, Page 27, Book VIII, Series of
1967

“3” Affidavit of Herminigildo Unite

“4” Series Copies of the pictures of Herminigildo Unite when

he was in the war

“5”, “5-a” Certificate of Live Birth of Private Complainant

Florentino S. Unite with the Affidavit of Late
Registration attached at the back and dated March 1991
as “5-a”

“6” Letter of Private Complainant Florentino S. Unite

admitting having sold the subject property to “Ditsie
Luming” as early as “Dec. 2001”

V.
ISSUES

Issues of Fact:

The primordial issue of fact is filiation.

Issues of Law:

(1.) May filiation be established in a case for reconveyance?

(2.) Are the proper parties in interest impleaded?
(3.) Has laches and prescription set in?

VI.
DISCOVERY PROCEDURES; COMMISSIONERS

At this point in time, Defendant sees no need to avail of modes of

discovery or refer to commissioners.

VII.
WITNESSES AND THEIR TESTIMONY

Defendant himself testify on the material allegations in the Answer.

He will require one (1) setting for his testimony. Clarita Daligcon will also
testify on the fact that Herminigildo Unite was single and died without issue.
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She will also require one (1) setting for her testimony. Reservation is made
for another witness to rebut extraneous assertions during the evidence in
chief for the Plaintiff.

RESPECTFULLY SUBMITTED.

Sanchez Mira for Ballesteros, Cagayan; 9 May 2017

ADVIENTO LAW CENTER

244 General Luna Street, Centro 1
Sanchez Mira, 3518 Cagayan

JUSTINIAN E. ADVIENTO
For The Defendants
PTR No. 7121666 - 01/23/17 – Sanchez
Mira, Cagayan; IBP No. 1068572 - 01/20/17 –
Tuguegarao City, Cagayan; MCLE Compliance
No.: V-0014429, 12 February 2016;
Roll No. 35803

EXPLANATION

Counsel For The Accused begs the indulgence of all concerned as the
lack of messengerial services and the prohibitive distance between the
offices of the parties constrain the filing and service of the above Pre Trial
Brief by registered mail.

JUSTINIAN E. ADVIENTO

Copy Furnished:

ATTY. EFFIE R. REBANGCOS-AGSAOAY

Private Prosecutor
Rms. 10-14, the Barristers Inn 2000
77 Esteban Abada Corner Fabian dela
Rosa Streets, Quezon City,
Metro Manila