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Pre-Trial Brief: Municipal Trial Court in Cities
Pre-Trial Brief: Municipal Trial Court in Cities
PRE-TRIAL BRIEF
Plaintiff, through counsel, to this Honorable Court, respectfully submits this Pre-
trial Brief as follows –
Sometime in year 1981, defendant Jose was given one-third (1/3) of the subject
land as dowry to his wife in the same manner that 2/3 portion was also given as dowry to
both wives of defendants Mario and Pedro. The couples took possession of the properties
and cultivated the same, but the Certificates of Title remained in the donor's names.
Plaintiff Maria, one of the children of Petra and Pedro (defendants’ sister) now
claims for her 1/4 portion in the subject property as her rightful share. However,
defendants refuse to give it on the ground that it was given to them by their deceased
parents as dowry during their respective marriages.
The continuing failure and refusal of the defendants to give the portion of the
subject land notwithstanding the fact that plaintiff has the right over it, compels the
plaintiffs to file this case against defendants;
C. ADMITTED FACTS
Whether or not defendants are obliged to give the plaintiff her share in the
property as her legitime?
Whether or not plaintiff was deprived of her legitime which could warrant a
reduction of the donations given to her siblings?
F. TESTIMONIAL EVIDENCE
Plaintiff intend to present one (1) or two (2) witnesses to prove plaintiff’s
allegations and claims set forth in the complain.
G. DOCUMENTARY EVIDENCE
Plaintiffs reserve the right to avail of the modes of discovery in addition to the
aforementioned request for stipulation.
The Plaintiffs grounds its claims on the provision of the New Civil Code and 1997
Rules on Civil Procedure.
K. RESERVATION
Plaintiffs respectfully reserve the right to present additional oral and documentary
evidence as may become necessary in the course of the trial.
Respectfully submitted.
December 8, 2011, Tarlac City.
Copy Furnished:
EXPLANATION
KAREN R. CAYETANO