Republic of the Philippines

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 4
KALIBO, AKLAN

SPS. WILFREDO and MARIETTA

TULAYAN and AIDA R. MALIJAN
Plaintiff,

-versus- Civil Case No. 11369

For: QUIETING OF TITLE,
DECLARATION OF NULLITY
OF DOCUMENT,OWNERSHIP
and DAMAGES

HEIRS OF SPS. PACIFICO

and ANGELITA T. SINTONES
represented by their succes-
sor in interest, ROSALINA S.
MOPIA, and all those claiming
Rights under them, whose
Identities are unknown.
Defendants,
x----------------------------------------------x

PRE-TRIAL BRIEF
(FOR THE DEFENDANTS)

DEFENDANTS, by themselves, and unto this Honorable

Court, most respectfully submits this Pre-Trial Brief, to wit:

I. POSSIBILITY OF AMICABLE SETTLEMENT

The DEFENDANTS manifest that they are willing to

explore possibilities for an amicable settlement that is fair and
reasonable under the circumstances.

II. SUMMARY OF ADMITTED AND PROPOSED

STIPULATION OF FACTS

A. SUMMARY OF ADMITTED FACTS

Defendants admits the following facts, to with:

1. The identities of the parties;

 2. The location of the subject properties;

III. SUMMARY OF PROPOSED STIPULATION OF FACTS

Defendants proposes the following facts to be admitted by

the Plaintiff, to wit: -THAT-

1. The controversy between Plaintiffs and Defendants

developed when both parties applied for Public Land Survey
with the DENR, Provincial Environment and Natural
Ressources Office (PENRO), Kalibo Aklan.Because both parties
claimed ownership over the same parcel of land, the matter
was referred to the Legal Division, DENR, R-6, Iloilo City.
Unable to resolve the stalemate, the records were returned to
PENRO, Kalibo, Aklan, with no action taken;

2. Defendants firmly believe that, they are the owners

of the subject property by virtue of the WAIVER AND
TRANSFER OF RIGHTS executed allegedly on October 1972.
Up to this date, Defendants have been in the concept of an
open, continuous, exclusive, actual and notorious possession
of the subject property;

IV. STATEMENT OF THE ISSUES

A. Whether the Plaintiff or the Defendant has legal

rights over the property subject of the dispute.

V. APPLICABLE LAWS AND JURISPRUDENCE

1. Pertinent provisions of the Civil Code;

2. Pertinent provisions of the Rules of Court.

VI. DOCUMENTARY EVIDENCE

Defendants shall present the following documentary

pieces of evidence:

1. Original copy of the WAIVER AND TRANSFER OF

RIGHTS dated September 18th day of October, 1972
executed by Augusto Legaspi and notarized by
Municipal Trial Court Judge Rustico Quimpo marked
as EXHIBIT “1and 1-1”;

2. The letter from MERLENE B. ABORKA, OIC,CENR

Officer stating that based on the verification records
lot 1960-A, located at Barangay Calangcang, Makato
Aklan is unapplied as EXHIBIT “2”;
3. Certification from NEIL T. TUMBOKON in favor of
GERARD T. SINTONES dated 30th day of March,
2017 at Calangcang, Makato, Aklan as EXHIBIT “3”;

4. Certification from NEIL T. TUMBOKON in favor of

ROSALINA S. MOPIA dated 30th day of March, 2017
at Calangcang, Makato, Aklan as EXHIBIT “4”;

5. Certification from NEIL T. TUMBOKON in favor of

MELANIE S. TORDECILLAS dated 30th day of March,
2017 at Calangcang, Makato, Aklan as EXHIBIT “5”;

6. Certification from NEIL T. TUMBOKON in favor of

RENATO T. TORDECILLAS dated 30th day of March,
2017 at Calangcang, Makato, Aklan as EXHIBIT “6”

7. The Joint Affidavit of Adjoining Owners dated March

31, 2017 executed by FRANCISCA T. CASTILLO,
LEOPOLDO MAYPA, SALVADOR GONZALES and
HILDA TAMBUKON and the ntHE ame and signature
of ATTY. GINALYN T. BILLONES-IBARDOLAZA as
EXHIBIT “7 to 7-1” respectively ;

8. The copy of Declaration of Real Property in the name of

RAMON, JOSE, ANSELMO, RAFAELO and AUGUSTO
all surnamed LEGASPI with annotation of Protest
against Registration of Lot as EXHIBIT “8 and 8-1”
respectively;

9. Certification from ENGR. RUPERTO A. AUSAN, JR

certifying that no Building Permit Application has been
received or issued from/to Josephine de Los Reyes
Valencia and Spouses Ereberto and Lolinda Bartolome
dated 26th day of May, 2017 at Calangcang, Makato,
Aklan as EXHIBIT “9”

10. The photos taken May 23, 2017 showing the

ancestral house of Sps. Pacifico and Angelita Sintones
and the 1.5 hectare lot being cultivated by them
before it was forcibly entered by Aida Malijan, Wilfredo
Tulayan and Enrique Ducos as EXHIBIT “10 to10-3”
respectively;

11. The photos taken May 23 and 24, 2017 showing

the persons armed with bolo and guns roaming and
around the vicinity of the property of Sps. Pacifico and
Angelita Sintones hired by WILFREDO TULAYAN and
AIDA MANIJAN when they forcibly entered the land of
Sps. Pacifico and Angelita Sintones EXHIBIT “11
to11-3” respectively;
 12. The photos the houses built by Josephine Valencia,
Lolinda Bartolome and Aida Manijan in the land
belonging to the heirs of Sps. Pacifico and Angelita
Sintones EXHIBIT “12 to12-3” respectively;

VII. WITNESSES TO BE PRESENTED

Defendant respectfully submits the following persons as

her witnesses:
1.Defendant will submit joint her joint judicial affidavit
with GERARD T. SINTONES.

Defendant reserves the right to present additional

witnesses as may be needed.

VIII. MODES OF DISCOVERY PROCEDURE

Defendants intends to avail of discovery procedures or

referral to commissioners when necessary.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that the PRE-
TRIAL BRIEF be NOTED.

Other reliefs just and equitable under the foregoing are

likewise being prayed for.

Respectfully submitted.

Sablayan, Occidental Mindoro for Calangcang Makato,

Aklan.

ATTY. MELVIE E. SILVERIO-DACAYANAN

Counsel for the Defendant
1261 Claudio Salgado Street,Buenavista
Sablayan, Occidental Mindoro
Roll of Attorneys No. 68003
IBP Lifetime Roll No. 016948
PTR No. B-8378984, Occ. Mindoro
MCLE Compliance No. VI-0016804
bhem197896@gmail.com
COPY FURNISHED:

ILEDAN MATIONG LAW OFFICES

Counsel for the Plaintiffs
2nd Floor, LM Bldg.
F. Quimpo St., Kalibo, Aklan
Tel. (036) 272-4326

EXPLANATION

Copy of the foregoing Pre-Trial Brief was served to the adverse

party by registered mail with return card, personal service
being impracticable due to the distance and lack of personnel
to effect such service.

ATTY. MELVIE SILVERIO-DACAYANAN

Counsel for the Defendant