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Republic of the Philippines

SUPREME COURT
10th Judicial Region
MUNICIPAL CIRCUIT TRIAL COURT
JABONGA-KITCHARAO
Hall of Justice, Poblacion, Kitcharao
Province of Agusan Del Norte

ELIZABETH R. LASUTAN Civil Case No. CV-196

Plaintiff,
For:
- versus - QUIETING OF TITLE,
RECOVERY OF
TEDDY A. RANES, IMELDA P. RANES, POSSESSION, DAMAGES
and ATTORNEY’S FEES
RUEL A. RANES and EDERLA R. GABATIN,
Defendants.
X----------------------------------------------------X

PRE-TRIAL BRIEF
FOR PLAINTIFF
COMES NOW, the Plaintiff, through the undersigned counsel
and unto this Honorable Court, most respectfully submits this pre-
trial brief:

Statement of Willingness to Enter into Amicable Settlement

Plaintiff is willing to settle amicably with the Defendants

under terms and conditions favorable to both of them;

Summary of Admitted Facts and Proposed Stipulation of Facts

a. Plaintiff ELIZABETH LASUTAN and defendants TEDDY

RANES, RUEL RANES, and EDERLA GABATIN are siblings
being children of the late CRESENCIO L. RANES and
NATIVIDAD A. RANES;

b. That a KATIBAYAN NG ORIHINAL NA TITULO BLG. P-18197

was issued on Oct. 2, 2006 with NATIVIDAD A. RANES as
owner;
c. That among the siblings, it was plaintiff who opted to stay
with and take care of their parents.;

d. That on March 28, 2005, CRESENCIO L. RANES and

NATIVIDAD RANES signed an instrument denominated as
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DEED OF ASSIGNMENT AND TRANSFER OF RESIDENTIAL

LOT in favor or plaintiff covering LOT No. 1725, PLS-743;

e. That when NATIVIDAD RANES died in 2018, TEDDY RANES

and his wife IMELDA RANES took possession of the
OWNER’S DUPLICATE COPY OF KATIBAYAN NG ORIHINAL
NA TITULO BLG. P-18197;

Issues to be Resolved

Factual and Legal Issues:

- Whether or not Plaintiff owns the property via the DEED OF

ASSIGNMENT AND TRANSFER dated March 28, 2005;
- Whether or not Plaintiff is entitled to reliefs prayed for.

Evidence for the Plaintiff

Documentary:

1. Tax Declaration No. 03-04-001-00384-R [pre-marked Exhibit

A];
2. Tax Declaration No. 13-04-0001-00427 [pre-marked Exhibit
B];
3. KATIBAYAN NG ORIHINAL NA TITULO BLG. P-18197 [pre-
marked Exhibit C];
4. DEED OF ASSIGNMENT AND TRANSFER OF RESIDENTIAL LOT
[pre-marked Exhibit D];
5. Onett Computation Sheet [pre-marked Exhibit E];
6. Official Receipt No. 7239288 [pre-marked Exhibit F];
7. BIR Official Receipt No.OR2018-001813-009984 [pre-marked
Exhibit G];
8. BIR Certificate Authorizing Registration [pre-marked Exhibit
H];
9. Certificate to File Action [pre-marked Exhibit I];
10. Notice of Pre-Litigation Proceedings [Exhibit J]

Testimonial:

1. Elizabeth R. Lasutan;
2. Reserved one witness

Applicable Laws and Jurisprudence

Pertinent provisions of the Civil Code of the Philippines on rights

of ownership to property specially on co-ownership;
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Rules of Court (Rule 70, Sec. 1) provisions on recovery of

possession and Rule 63 on Quieting of Title;

Trial Dates

Plaintiffs would need around 3 hearing dates to present their

evidence and rest their case.

Respectfully Submitted. Cabadbaran City for Kitcharao, Agusan Del

Norte. April 13, 2022.

Public Attorney’s Office

Cabadbaran District Office

By:

JO EDWARD F. YECYEC
Counsel for Plaintiff
Public Attorney II
Public Attorney’s Office
Government Center, Cabadbaran City Hall
Roll of Attorneys No. 63079
IBP No. 1039486 | 01-07-22 Zambo. del Sur
PTR Requirement Exempt pursuant to Sec. 139 (d) R.A. 7160
MCLE VII Compliance under process (Manila)
objectionyourhonor1@gmail.com

Copy furnished: [via mail due to distance and lack of manpower]

Atty. Clint T. Dabalos

Door No. 5, New Gloria Arcade Bldg.
Montilla Blvd., Butuan City
8600 Butuan City