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Pre-Trial Brief for Unlawful Detainer Case

1) This document is a pre-trial brief submitted by plaintiff Jules Baguio's counsel in a civil case regarding unlawful detainer against defendant George Sumalinog. 2) The plaintiff admits there was an agreement allowing the defendant to occupy the property since 2001 but refuses to extend the period for the defendant to vacate beyond July 2021. 3) The brief lists the issues to be tried, exhibits and witnesses to be presented, which laws and jurisprudence apply, and reserves the right to present additional evidence if needed at trial.

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Jeneveth Sitoy
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73 views4 pages

Pre-Trial Brief for Unlawful Detainer Case

1) This document is a pre-trial brief submitted by plaintiff Jules Baguio's counsel in a civil case regarding unlawful detainer against defendant George Sumalinog. 2) The plaintiff admits there was an agreement allowing the defendant to occupy the property since 2001 but refuses to extend the period for the defendant to vacate beyond July 2021. 3) The brief lists the issues to be tried, exhibits and witnesses to be presented, which laws and jurisprudence apply, and reserves the right to present additional evidence if needed at trial.

Uploaded by

Jeneveth Sitoy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES (MTCC)


CONSOLACION-CORDOVA
7th Judicial Region
CONSOLACION, Cebu

JULES BAGUIO,
Plaintiff,
CIVIL CASE NO. 123456
FOR: UNLAWFUL DETAINER
WITH
CLAIM FOR DAMAGES,
ATTORNEY’S
FEES, AND LITIGATION COSTS

- versus –

GEORGE SUMALINOG,
Defendant,

x- - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF

Plaintiff by counsel, respectfully submits the following:

I.
POSSIBILITY FOR COMPROMISE/AMICABLE
SETTLEMENT

Plaintiff JULES BAGUIO is open to settling this dispute amicably, on


terms that is fair and reasonable. Likewise, Plaintiff is willing to undergo
alternative modes of dispute resolution.

II.
BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. Plaintiff admits the existence of a letter of agreement between his


father Sabas Baguio and defendant George Sumalinog for a tolerated
occupancy of the subject property since January 01, 2001.

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2. Plaintiff admits that he refuses to heed on Defendant’s plea to stay
until the end of year 2021 because the period set for the defendant to
vacate the property is only until July 31, 2021.

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 only admits the facts stated in his Complaint.

IV.
ISSUES TO BE TRIED

1. Whether or not the letter of agreement should be upheld.

2. Whether or not Defendant should vacate the property after


expiration of the period set in the demand to vacate.

V.
LIST OF EXHIBITS TO BE PRESENTED
Plaintiff will present the following exhibits:

1. Transfer Certificate of Title No. 123456 (EXHIBIT A) – to prove


Plaintiff’s ownership of the subject property being occupied by
Defendant;

2. Letter of Demand (EXHIBIT B) – to prove that Plaintiff sent a


notice of demand to Defendant to vacate the property;

3. Certificate to File Action (EXHIBIT C) – to prove that the parties


underwent barangay reconciliation proceedings before coming to
the Court.

VI.
WITNESSES TO BE PRESENTED

1. Plaintiff himself – to testify on the material allegations, cause of


action, and claims as set forth in the Complaint;

VII.
RESERVATION
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Plaintiff expressly reserves the right to present such additional
witnesses and other exhibits and evidence as the exigencies of the trial may
require.

VIII.
APPLICABLE LAWS AND JURISPRUDENCE
Plaintiff relies on the provisions of the Rules of Court
particularly Rule 70 thereof.

RESPESTFULLY SUBMITTED.

Cordova, Cebu, September 01, 2021.

ATTY. JENEVETH I. SITOY


Counsel for the plaintiff
123 Tomaquin Building,
Poblacion, Cordova, Cebu
IBP Lifetime No. 014510/2-24-21
PTR NO. 4990562/ 1-14-21
Roll No. 38488
MCLE 000678/05-23-2021
Tel. No. 521-6137

Copy furnished:

ATTY. CARDO DALISAY


Counsel for Defendant
Room 101, Yburan Building,
1234 Road Street, Poblacion, Cordova
Cebu City, Philippines

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