Republic of the Philippines

MTC Branch 7
IMUS CITY

ANTHONY C. PAPA,
Plaintiff,

Civil Case No.0000

- versus –
MARK B. DELA ROSA,
Defendants,
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PRE-TRIAL BRIEF
Plaintiff, through counsel, to this Honorable Court, respectfully submits this Pre-
trial Brief as follows –

A. STATEMENT OF FACTS AND CASE

This is a complaint for partition against defendants involving a townhouse located

at Block 2C., Lot 56, Camel St., Alapan 2A., Imus Cavite.
  The Defendant leases and occupies the said townhouse from March 1, 2012
until February 28, 2017 as agreed upon between the plaintiff and the Defendant in
the lease contract executed on March 1, 2012 under the express obligation to pay a
monthly rental of P20,000.00;

The lease contract of the Defendant for the occupation of the building has
been terminated on February 28, 2017 and has not been renewed or extended;

During the course of the Defendant’s occupation of the said townhouse,

Defendant has failed to pay his rentals for the months of June 2016 to February
2017;

Defendant has continued to occupy the said townhouse notwithstanding the

fact that her contract of lease has been terminated on February 28, 2017 thus
depriving the plaintiff from having the said townhouse leased by other persons;

Several demands to vacate was made by plaintiff to Defendant, both oral and
written, but Defendant refused to vacate the said townhouse and return possession
to the plaintiff;

Until now Defendant still refuses to vacate and restore possession and pay her
rentals for the months June 2016 to February 2017 during her occupation of the
townhouse;
 Thus, Defendant is unlawfully withholding possession of the subject
townhouse from the plaintiff despite last and final demand, to the damage and
prejudice of the plaintiff;

Before filing of this complaint, the dispute has been referred to the Lupong
Tagamayapa of Imus City but the parties failed to arrive at an amicable settlement.

B. 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.

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 request the marking as exhibits of the following documents:

1.) Contract of Lease( Annex “A”)

2.) Demand letter attached as (Annex “B”)
3.) Certificate to File Action attached as (Annex “C”)

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, Section 1, Rule 70.

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.
May 1, 2027, IMUS City.

LUSOC LAW OFFICE

Counsel for Plaintiff
RM. 2, MALAYA Building, Advincula Ave.
Alapan 2., Imus Cavite