Republic of the Philippines

REGIONAL TRIAL COURT

Fifth Judicial Region
BRANCH 53
Sorsogon City

BELLA DEMDAM NOCON

Represented by ENGR. MURRY
F. DEMDAM,
Plaintiff,

-versus- CIVIL CASE NO. 1062

For: Annulment of Title,
Recovery of Ownership &
Damages
ALMA DIVINA DOLLENTAS,
LEA DIVINA BABASA, ARLENE
DIVINA BAMIANO, and DENNIS
DIVINA,
Defendants.
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PRE-TRIAL BRIEF FOR THE DEFENDANTS

The defendants, by and through the undersigned counsel unto this Honorable
Court, respectfully submit this pre-trial brief as follows:

STATEMENT OF THE CASE

The parties to this case verbally agreed to the sale of a portion of a lot adjoining to
plaintiff’s property which the latter also acquired from the defendants. Plaintiff has
offered to buy and the defendants agreed to sell additional area of six (6) meters in width
by fifty (50) meters in length with a selling price of One Thousand Five Hundred
(Php1,500.00) per square meter. Defendants received Fifty Thousand Pesos
(Php50,000.00) as down payment from the plaintiff for this sale.

After the sale, plaintiff entered the property without notice to the defendants and
installed their power line and fence beyond the originally agreed 6-meter additional sale.
Defendants objected to this but plaintiff did not heed on their objection instead further did
development of the lot by filling up the low-lying areas. Again, without defendants’
permission.

Defendants insisted that plaintiff can only occupy the additional 6 meter lot but
the plaintiff is now asserting that it was actually an additional 14 meters in width that was
sold to them. Hence this case.

POSSIBILITY OF AMICABLE SETTLEMENT

 The plaintiff is willing to enter into a compromise arrangement with the
defendants under the terms and conditions fair and reasonable under the circumstances
and acceptable to both parties.

SUMMARY OF ADMITTED FACTS

1. Defendants are the lawful owner of a certain tract of land particularly described in
the complaint being the legitimate heirs of Oscar and Nenita Divina;
2. No written agreement to prove the sale of the subject property;
3. Defendants received down payment of Fifty Thousand Pesos;
4. The matter was brought before the barangay and no settlement was had;
5. Defendants are willing to sell portion of their property to the defendants only to
an additional area of 6 meters in width by 50 meters in length from the lot
previously sold by the defendants to the plaintiff.
6. Defendants raised their objection to the works done in the said property only as to
the portion beyond 6 meters;

PROPOSED STIPULATIONS

1. The identity of the parties as well as the identity of the subject property;
2. Defendants are returning the Php50,000.00 down payment to the plaintiff to
cancel the sale;
3. Defendants only offered 6 meters for the additional sale;
4. Defendants made known to the plaintiff which the plaintiff knew that some
portions of the lot beyond the 6 meters were already sold;
5. The plaintiff has not yet paid the agreed price of the sale when they entered the
said portion without defendants’ consent;

DOCUMENTARY EVIDENCE

1. Deed of Sale of some portions of defendants’ property- to prove that the said
portion of the lot were already sold long before the agreement of the plaintiff
and the defendant of the additional sale of lot came about;
2. Print out of the conversation between Lea Babasa and Engr. Murry Demdam
via Messenger- to prove that the defendants raised their objection of the works
made on the portion of the property beyond the agreed 6-meter additional lot
and to prove that defendants did not consent to the installation of the powerline
beyond the 6-meter additional lot;
3. Judicial Affidavit of ARLENE D. BAMIANO- to prove that the subject of the
agreed sale of a parcel of land with the plaintiff was only an additional of six
(6) meters in width, to prove that defendants object to the filling up of the low
lying areas beyond the 6-meter additional lot as agreed upon, to prove that
defendants only received a down payment of Fifty Thousand Pesos but the
purchase price is not yet paid, to prove that we are returning the down payment
money but the plaintiff did not accept the same but insisted the 14 meters as
additional lot to be purchased and to prove that portion plaintiff wanted to
acquire was already sold;
4. Judicial Affidavit of Lea Babasa- to prove that we are the owners of the parcel
of land subject of sale, to prove that defendants object to the filling up of the
low lying areas beyond the 6-meter additional lot as agreed upon, to prove that
we received a down payment of Fifty Thousand Pesos but the purchase price is
not yet paid, to prove that we are returning the down payment money but the
plaintiff did not accept the same but insisted the 14 meters as additional lot to
be purchased, to prove that portion plaintiff wanted to acquire was already
sold;

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 WITNESSES FOR THE DEFENDANTS

1. ARLENE BAMIANO- to testify that it was only an additional sale of 6 meters

by 50 meters of their lot in favor of the plaintiff not 14 meters as alleged by
the plaintiff; that they raised their objection of the works made in the said lot
as soon as the plaintiff entered the portion beyond the agreed 6 meters
additional portion; that they intend to cancel the sale by returning the fifty
thousand but plaintiff did not accept the money; and that no settlement was
had in the barangay;
2. LEA BABASA-to testify that the subject of the said sale is an additional
portion of 6 meters; that they immediately message Engr. Murry Demdam of
their objection but the latter only insisted that we give in to additional portion
of 14 meters; that portions of the lot beyond the 6 meter additional lot were
already sold to other buyers; and that the selling price is not yet paid;

ISSUES TO BE RESOLVED

1. WHETHER OR NOT THE CONTRACT TO SELL IS RESCISSIBLE;

2. WHETHER OR NOT THE DEFENDANTS ARE OBLIGE TO DELIVER
THE 14 METERS OF THEIR LOT TO THE PLAINTIFFS;
3. WHETHER OR NOT DEFENDANTS ARE LIABLE FOR THE EXPENSES
INCURRED BY THE PLAINTIFF FOR THE IMPROVEMENT OF THE
PROPERTY;

APPLICABLE LAWS

The New Civil Code of the Philippines, Rules of Court and other related laws and
jurisprudence.

TRIAL DATES

To be agreed upon during the pre-trial.

Respectfully submitted this 22nd day of January, 2021, Sorsogon City, Philippines.

ATTY. MARICRIS D. BALBEDINA

Counsel for the Defendants
2F ACM Bldg., (DBP) Rizal Street
Brgy. Talisay, Sorsogon City
Roll No. 72756, June 17, 2019
IBP No. 137176. 12/29/2020 Sorsogon Chapter
PTR No. 3087905, 01/04/2021, Sorsogon City
MCLE Compliance on process
Mobile No. 0923-0813368
Email address: maricrisbalbedina@gmail.com

Copy Furnished:

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Atty. Vivencia Layosa

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