Republic of the Philippines

Municipal Trial Court in Cities

Branch 6
Baguio City

FRANQ LYN Y. WAISAN CIVIL CASE No. 948

Plaintiff,

- versus - for: FORCIBLE ENTRY

DUGA NIDOBO
Defendant.
x----------------------x

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 forcible entry through stealth against defendant involving a
parcel of land located at Barangay Holy Ghost Proper, Baguio City. Franq Lyn Y. Waisan
is the owner of the said parcel of land consisting One Hundred (100 sq. m.) square meters
covered by Transfer Certificate of Title NO. 016-2010000865 as Lot 03 with an assessed
value of Eight Hundred Thousand Pesos (₱800,000.00).

On June 20, 2016, Plaintiff was reassigned at Tokyo Branch of Shiro Trading
Company for 4 years. On September 20, 2020, Franq Lyn returned to the Philippines. On
September 22, 2020, Plaintiff visited the subject parcel of land and there he met Mrs.
Merry P. Santa where the latter informed that the defendant, Mr. Duga Nidobo,
constructed a residential house on his land, Lot 3.

Defendant, through stealth, occupied the parcel of land owned by the plaintiff and
refused to demolish his house and vacate the same despite repeated verbal and written
demands.

Plaintiff now claims his right to possess the subject parcel of land. However,
defendant refused on the ground that he was the true owner of the subject parcel of land.
 
The continuing failure and refusal of the defendant to demolish the house and
vacate the subject land notwithstanding the fact that plaintiff is the true and rightful
owner, compels the plaintiff to file this case against defendant.

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.

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. 016-2010000865

B. Deed of Absolute Sale
C. Certificate of Non-Delinquency
D. Barangay Certification to File Action
E. Demand Letter to Vacate the Property dated October 15, 2020
F. Second and Final Demand Letter to Vacate the Property dated October 30, 2020

E. PROPOSED ISSUES TO BE RESOLVED

 1. Whether or not the Plaintiff is the owner of the subject parcel of land;
2. Whether or not the Defendant unlawfully entered the subject parcel of land
through stealth; and
3. Whether or not the Plaintiff is entitled to all the legal reliefs as prayed for in his
complaint.

F. TESTIMONIAL EVIDENCE

Plaintiff intend to present four (4) or five (5) witnesses to prove plaintiff’s
allegations and claims set forth in the complaint.
(Witnesses kunu – Mr. Baknang, Geodetic Engr, Merry P. Santa, Franq Lyn…)

G. DOCUMENTARY EVIDENCE

Plaintiffs request the marking as exhibits of the following documents:

1.) Transfer Certificate of Title No. 016-2010000865. (Exhibit “A”)

2.) Deed of Absolute Sale (Exhibit “B”)
3.) Certificate of Non-Delinquency (Exhibit “C”)
4.) Sketch Plan of Lot 3 (Exhibit “D”)
5.) Barangay Certification to File Action (Exhibit “E”)
6.) Demand Letter to Vacate the Property dated October 15, 2020 (Exhibit “F”)
7.) Second and Final Demand Letter to Vacate the Property dated October 30,
2020 (Exhibit “G”)

H. AVAILMENT OF MODES OF DISCOVERY

Plaintiff reserves the right to avail of the modes of discovery in addition to the
aforementioned request for stipulation.

I. APPLICABLE LAWS AND JURISPRUDENCE

 The Plaintiff grounds his claims on the provision under the New Civil Code and
1997 Rules on Civil Procedure.

J. RESERVATION

Plaintiff respectfully reserves the right to present additional oral and documentary
evidence as may become necessary in the course of the trial.

K. 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.
November 25, 2020, Baguio City.

Franklin Batas
ATTY. FRANKLIN BATAS
Notary Public
Valid until December 31, 2020
Roll of Attorneys No. 44499; 05 – 03 – 2006; Manila
MCLE COMPLIANCE No. III – 0006678; 12 – 21 – 2019
PTR NO. 2642299: 01 – 05 – 2020; Municipality of La Trinidad
IBP Lifetime No. 844447; 01 – 13 – 19; Baguio-Benguet Chapter
#69 Barangay Nagsimpa, Baguio City
Email: Franklinbatas@outlook.ph

Copy Furnished:

Atty. Rest T. Hoon

Counsel for the Defendant
Marunong Law Offices
Upper Session Road, Baguio City