Republic of the Philippines

Metropolitan Trial Court

National Capital Judicial Region
Mandaluyong City Branch

MARIA ABELLANA
Plaintiff,
Civil Case No. 0011
For: FORCIBLE ENTRY
WITH DAMAGES

-VERSUS-

SPS CHRISTIAN AND

MARINEL PABRUA
Defendants.

PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits his Pre-Trial Brief, as

follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1. Plaintiff is open to settling this dispute amicably, subject to a concrete

proposal that is fair and reasonable and a reciprocal manifestation of
openness from defendant.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

 1. The defendants unlawfully deprived the plaintiff of possession over a
portion of the parcel of land by employing force, intimidation and
threat from December 2020 up to the present and is continuously
occupying the same. Even after several and repeated demands, the
defendants continue to illegally occupy the subject property;

2. The plaintiff now institutes this action for forcible entry for the using
strategy, force, intimidation and threat in acquiring possession by the
defendant of the subject property which is prejudicial to the rights of
the plaintiff.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Plaintiff admits the personal circumstances of the parties as stated in

the complaint and answer.

2. Plaintiff further admits the facts stated in his complaint only.

IV. ISSUES TO BE TRIED

1. Whether or not defendant should be ejected from the subject

property.

V. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

Annex A- Copy of the Certificate of Death of Teodora Dominguez

Annex B - Special Power of Attorney executed by the surviving heirs

of Teodora Dominguez naming Maria Abellana as their attorney-in-
fact for the filing of the case

Annex C - Copy of the Deed of Sale

Annex D – Copy of the Original Certificate of Title

 Annex E - Extract Blotter of Quezon Province Police Station on the
report of damage of property
Annex F - Certificate to File Action issued by the Office of the
Barangay Captain and Lupon Tagapamayapa

The plaintiff reserves his right to present other documents not herein listed
as may be deemed necessary.

VI. WITNESSES TO BE PRESENTED

1. The plaintiff himself – to testify regarding the unlawful continued

possession by the defendant of the subject property;

2. Defendant reserves the right to present other witnesses not herein

enumerated as deemed necessary.

VII. AVAILABLE TRIAL DATES

The plaintiff would depend on the dates agreed upon during the pre-
trial.

RESPECTFULLY SUBMITTED.

Mandaluyong City, August 24, 2021.

ATTY. ANABELLE A. MADRONERO

Counsel for the Plaintiff
COPY FURNISHED:
BY PERSONAL SERVICE

ATTY. ROCHELLE O. MARQUESES

Counsel for the Defendant
XXXXXX Law Office
Received on August 25, 2021