Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 3
Davao City

SPANGE BAB,
Plaintiff,

Case No. R-DVO-29-2019-CV

For : RECONVEYANCE OF PROPERTY
- versus –

SQUID WARD
Defendants,
x - - - - - - - - - - - - - - - - - - - - - - - - - -----x

PRE-TRIAL BRIEF

Plaintiff, through counsel, to this Honorable Court, respectfully submits this

Pre-trial Brief as follows –

A. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Plaintiffs are open to settlement provided it is on just and reasonable

grounds.

C. ADMITTED FACTS

All allegations indicated in the pleadings submitted by the plaintiff.

D. PROPOSED STIPULATIONS OF FACTS

As provided under Rule 26 of the Rule on Civil Procedure, Plaintiff requests

defendant to admit the genuineness and due execution of the following documents
within fifteen (15) days after service thereof, otherwise each of the following
documents shall be deemed admitted:
A. Transfer Certificate of Title No. PT 98765
B. Demand Letter
C. Final Demand Letter
D. Old Lease Contract

E. PROPOSED ISSUES TO BE RESOLVED

Whether or not the defendants are unlawfully holding possession of the

property upon the expiration of the grace period mentioned in the notice to vacate
dated March 5, 2018.

F. TESTIMONIAL EVIDENCE

Plaintiff intend to present one (1) or two (2) witnesses to prove plaintiff’s
allegations and claims set forth in the complaint.

G. DOCUMENTARY EVIDENCE

Plaintiffs request the marking as exhibits of the following documents:

1.) Transfer Certificate of Title No. PT 98765 (Exhibit “A”)

2.) Tax declaration No. 0021-00317. (Exhibit “B”)
3.) Barangay Certification (Exhibit “C”)
4.) Written Demand (Exhibit “D”)
5.) Final Demand (Exhibit “E”)
6.) Notice to vacate. (Exhibit “F”)
7.) MTC Decision (Exhibit “G”)
8.) Letter to Current Lessee (Exhibit “H”)
9.) Old Lease Contract (Exhibit “I”)

H. AVAILMENT OF MODES OF DISCOVERY

 Plaintiffs reserve the right to avail of the modes of discovery in addition to
the aforementioned request for stipulation.

I. APPLICABLE LAWS AND JURISPRUDENCE

The Plaintiffs grounds its claims on the provision of the New Civil Code and
1997 Rules on Civil Procedure.

J. POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiffs are amenable to a reasonable settlement.

K. RESERVATION

Plaintiffs respectfully reserve the right to present additional oral and

documentary evidence as may become necessary in the course of the trial.

L. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial

conference to dates most convenient to this Honorable Court and to all the parties.

Respectfully submitted.
February 12, 2020, Davao City.

VICENTE ADRIAN PAJARO

Counsel for Plaintiff
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
 IBP O.R. No. 024454; 01-02-20; Davao City

Copy Furnished:

REGIONAL TRIAL COURT

11th Judicial Region
Branch 3

Atty. Jean Marie Abellana

Counsel for the Defendant
Dr. 2 Esperanza Bldg., 198 Tulip Drive,
Ecoland, Matina, Davao City

EXPLANATION

            Copies of the foregoing Brief were served to defendant’s counsel through

registered special mail considering the distance between the address of defendant’s
counsel and the undersigned counsel. Moreover, the office of the undersigned has
no personnel to effect personal service to the defendants.

VICENTE ADRIAN PAJARO