Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BANCH 167, PASIG CITY

MS. CECILIA R. SANTOS,

Represented by Ms. Maria Aleli S.
Mero,
Plaintiff,

CIVIL CASE _________

-versus- FOR: RECOVERY OF
POSSESSION WITH
DAMAGES

MELANIE RAMONES, ET. AL.,

Defendants.
x---------------------------------------------x

PRE-TRIAL BRIEF FOR

PLAINTIFF

PLAINTIFF MS. CECILIA R. SANTOS, represented by Ms.

Maria Aleli S. Mero, by counsel, respectfully submits this PRE-TRIAL
BRIEF, containing the following matters:

I.
WILLINGNESS TO ENTER INTO AGREEMENTS

Plaintiff is willing to consider reasonable proposals for an amicable

settlement and to submit the case to alternative modes of dispute resolution.

II.
SUMMARY OF ADMITTED FACTS
AND PROPOSED STIPULATIONS OF FACTS

A. SUMMARY OF ADMITTED FACTS

The parties admit the following facts in their respective pleadings:
1. The personal circumstances of the plaintiff, the authority of plaintiff’s
representative, Ms. Aleli Mero, to file the instant complaint in behalf of
the plaintiff, and the personal circumstances of the defendants.

B. PROPOSED STIPULATIONS OF FACTS

The Plaintiff proposes the following stipulations of facts:
1. That Plaintiff is the owner of the property subject of the instant case;
 2. Defendants occupied the property through force, strategy and stealth
sometime in 2015 and in March 2016;
3. Defendants do not have lawful title or claim of ownership over the
property;
4. Defendants refused to vacate the subject property despite repeated
demands from the plaintiff.

III.
ISSUES TO BE TRIED AND RESOLVED

(i) Whether the defendants are illegally occupying

plaintiff’s property, and should be evicted therefrom;

(ii) Whether defendants are liable to pay reasonable

rentals for the period of illegal occupancy, with legal
interest, damages and cost of suit to plaintiff;

(iii) Whether the plaintiff is entitled to actual and

exemplary damages.

IV.
DOCUMENTS TO BE PRESENTED

DOCUMENTS EXHIBIT PURPOSE

Special Power of A To prove that plaintiff authorized

Attorney. her representative to file the instant
suit

Original Certificate of B To prove the ownership and legal

Title No. 0095
Decree No. 165140
Tax Declaration No. 119-
00-024-36-009
Deed of Extra-Judicial
Partition dated March 14,
2017
right to possession of the plaintiff
over the subject property
C
To prove the metes and bounds of
D the property owned by the plaintiff
To prove that defendants are
E illegally occupying the property
owned by plaintiff

Subdivision Survey Plan F

approved on October 1,
2018

Technical Description ng G
Lot 1
2
Notice of Violation dated H To prove that plaintiff sought the
November 23, 2015 help of the Office of the Building
Official of Pasig City

To prove that defendants were

issued a Notice of Violation with a
directive to stop the constructions
Minutes of Barangay I To prove plaintiff sought the help
preliminary hearing dated of the Barangay, and that a
November 25, 2015 meeting between the plaintiff and
the defendants transpired before
the Barangay

Minutes of Barangay J To prove that plaintiff and

hearing dated December defendants again met at the
2, 2015 Barangay, where defendants
admitted absence of right over the
property but requested for a survey

Kasunduan ng K To prove that defendants Sps.

pagbebenta ng lupa Eduado and Priscila Calma sold
between Sps. Eduardo the property to co-defendant
Calma and Priscila Josielyn Gambalaga
Calma and Josielyn
Gambalanga for To prove that the claim of right to
P50,000.00. occupy of defendant Gambalaga
came from the contract with Sps.
Calma

Certificate to File Action L To prove that plaintiff submitted

dated December 2, 2017 the matter for barangay
conciliation but to no avail prior to
Certificate to File Action M the filing of the case
dated December 7, 207

Demand Letter N To prove that a final demand to

vacate was served upon the
Proofs of Receipt O defendants, but the latter still
refused to vacate the property

Engagement Contract P To prove that plaintiff incurred

with counsel litigation expenses due to adamant
refusal of defendants to vacate the
Official Receipts of Q property
Filing Fees

Sketch of the location of R To prove that the defendants are

3
defendants’ illegally occupying the property of
improvements on the the plaintiff
plaintiff’s property
Pictures of tarpaulin of S To prove that plaintiff posted
no trespassing and tarpaulins informing the
private property defendants that the property is
privately owned but said signages
were removed/destroyed

Plaintiff respectfully reserves the right to submit additional

documentary/object evidence as the course of the trial may warrant.

V.
AVAILMENT OF DISCOVERY PROCEDURES

Plaintiff respectfully reserves the right to avail of the various modes

of discovery including, but not limited to, the taking of depositions, service
of written interrogatories, production of documents or things, and requests
for admissions, as the exigencies of trial may require.

VI.
WITNESS TO BE PRESENTED AND
THE SUBSTANCE OF TESTIMONY

Plaintiff will be presenting four witnesses, in the persons of:

1. Attorney- in-Fact, Ms. Aleli Mero;
2. Mr. Zyrus Pineda;
3. Celso Dela Rosa; and
4. Geodetic Engineer Artemio Legaspi
who will identify their Judicial affidavits, to prove material allegations in
the complaint, and to identify documents relevant the cause of action of the
plaintiff.

VII.

APPLICABLE LAWS AND JURISPUDENCE

Civil Code provisions on ownership, co-ownership, possession and

damages, Rule 70 of the Rules of Court and Reyes Sr. vs. Heirs of Forlales, v.
CA, G.R. No. 193075, June 20, 2016.

VIII.
RESERVATION

Plaintiff respectfully reserves the right to present other documents or

evidence in addition to, or in substitution of, those mentioned above and/or
for purposes in addition to, or in substitution of, those mentioned should the
need therefor arise; and/or propose other issues as the exigencies of trial may
4
demand; and/or rely on such other laws and jurisprudence as may be
necessary to prove the cause of action.

IX.
AVAILABLE TRIAL DATES

Plaintiff will be available for trial on dates convenient to the Honorable

Court and the other party.

Respectfully submitted.

City of Manila for Pasig City, 21 November 2018.

BUBAN & LARDIZABAL LAW OFFICES

Unit 303, Doña Mercedes Bldg.
584 San Andres St., Malate Manila 1004
secretariat@bubanlardizabal.com
Counsel for the Plaintiff
By:

HILARION B. BUBAN
Roll No. 50397
PTR No. MLA7031144; 1/12/2018
IBP Lifetime No. 09427, Dec. 28, 2010
MCLE Compliance No. VI-0003799; 11/6/2017

JUDY A. LARDIZABAL
Roll No. 57090
PTR No. MLA6902161; 12/27/2017
IBP Lifetime No. 011343, Jan. 7, 2013
MCLE Compliance No. VI-0003796; 11/6/2017

Copy furnished:
Melanie Ramones, et al.
197 M. de Leon St. (West)
Santolan, Pasig City

Larry Arao, et al.

197 M. de Leon St. (West)
Santolan, Pasig City

EXPLANATION
In compliance with Section 11, Rule 13 of the Rules of Court, as
amended, counsel respectfully manifests that filing and service of the

5
foregoing Pre-trial Brief were done by private courier, personal filing and
service not being practicable due to distance, time and personnel constraints.

JUDY A. LARDIZABAL