June 24, 2022

Clerk of Court: Ladies and gentleman, we now proceed to the pre-trial proper. For
the purpose of the video conference we will remain seated. Honorable JUDGE
DENSSEL TOLENTINO is in the court.

Presiding Judge: Let us pray.

Clerk of Court: Almighty God, we stand in Your Holy presence as our Supreme
JUDGE, we humbly beseech You to bless and inspire us so that what we think,
say, and do will be in accordance with Your will. Enlighten our minds, strengthen
our spirit, and fill our hearts with fraternal love, wisdom and understanding, so that
we can be effective channels of truth, justice, and peace. In our proceedings today,
guide us in the path of righteousness for the fulfillment of Your greater glory.

Clerk of Court: The Court is now in session. The Honorable DENSSEL

TOLENTINO presiding, silence is hereby enjoined.

Presiding Judge: Call the case.

Clerk of Court: Pre-trial Civil Case 123123 for Revocation of Deed of Donation
Nick Tuazon Young v. Princess Intan Tan Hussein and Register of Deeds.
Appearances for the Plaintiff Atty. Liza P. Ledesma and for the Defendant Atty.
Conqueror Tabamo as defense counsel.

Presiding Judge: Appearances.

Atty. Manuel: Your Honor, I am Atty. Angelie Manuel, respectfully appearing as

the co-counsel for the plaintiff in the court and we are ready, your honor.

Atty. Tabamo: Your honor, I am Atty. Conqueror Tabamo, respectfully appearing

for the defense, the defendant is in court and we are ready.

Presiding Judge: Do you confirm the proceedings during the preliminary

conference?
Atty. Manuel: Yes, your Honor.

Defense: Yes, your Honor.

Presiding Judge: Are the plaintiff and defendant present in court?

Atty. Manuel: Yes, your honor.

Atty. Tabamo: Yes, your honor.

Presiding Judge: Is there any possibility for settlement?

Atty. Manuel: We are willing to settle your honor on acceptable terms.

Defense Counsel: We are willing to settle your honor on acceptable terms.

Presiding Judge: Counsel for plaintiff, what is the cause of action?

Atty Manuel: The revocation of the deed of donation of the house and lot which
the plaintiff bought out of his savings and sheer hard work worth P20,000,000.00,
2 years prior to the plaintiff and defendant even knowing each other, The donation
was with a condition that the defendant will own the house and lot only after the
solemnization of their union which never occurred and yet the defendant proceeded
to file for transfer of certificate of title at the Register of Deeds, Zamboanga City.
The following pertinent and relevant provision are the bases in the discourse of this
Complaint;

Art. 764 of the Civil Code: The donation shall be revoked at the instance of the
donor, when the donee fails to comply with any of the conditions which the former
imposed upon the latter.xxx

Article 81 of the Family Code: Everything stipulated in the settlement or

contracts referred to in the preceding articles in consideration of a future marriage,
including donations between the prospective spouses made therein, shall be
rendered void if the marriage does not take place. However, stipulations that do not
depend upon the celebration of the marriage shall be valid.
Article 1181 of the Civil Code; In conditional obligations, the acquisition of
rights, as well as the extinguishment or loss of those already acquired, shall depend
upon the happening of the event which constitutes the condition.

Presiding Judge: Counsel for defendant?

Atty. Tabamo: In this case, the disputed property is donated in a form of muslim
dowry. Therefore, this court has no jurisdiction over this case instead, it must be
the Shariah court. Shariah courts handle cases or complaints such as, dowry
questions.

Presidential Decree 1083, otherwise called the Code of Muslim Personal Laws of
the Philippines, was establish Shariah courts in Mindanao to settle legal conflicts
between Muslim Filipinos in the sphere of customary and personal laws.

Art. 725. Donation is an act of liberality whereby a person disposes

gratuitously of a thing or right in favor of another, who accepts it.

Presiding Judge: We proceed. Plaintiff, please present your stipulation of facts.

Atty. Manuel: Your Honor for the Stipulation of Facts will the defendant admit
that they are the person charged in the Complaint?

Atty. Tabamo: Yes, admitted, your Honor

Atty. Manuel: Will the defendant admit that the parties had their Pagturul Taymah
on February 3, 2022. The plaintiff offered several expensive gifts as dowry without
any conditions attached to it except the house and lot.

Atty. Tabamo: Admitted your honor but specifically denies

Atty. Manuel: Will the defendant admit that the plaintiff bought a house and lot
located at Muruk, Pasonanca, Zamboanga City with an area of 8,000 square meter
amounting to P20,000,000.00 on February 18, 2018 from Eric Melburn, the best
friend of the plaintiff as evidenced by the picture and blueprint of the plan of the
house and lot, deed of sale with acknowledgement receipt, tax declaration,
Certification Authorizing Registration, Notice of Assessment of Real Property and
Transfer Certificate of Title.

Atty. Tabamo: Admitted your honor

Atty. Manuel: Will the defendant admit that the condition is that the private
defendant will own the house and lot after the solemnization of their marriage as
evidenced by a copy of the deed of donation and the video taken by the plaintiff’s
sister Megan Young attached hereto.

Atty. Tabamo: Not Admitted your honor

Atty. Manuel: Will the defendant admit that the wedding did not push through as
planned yet the defendant refused to return the title and continued to file for a
transfer of certificate of title at the Register of Deeds, Zamboanga City without the
plaintiff's knowledge and consent.

Atty. Tabamo: Yes, admitted

Presiding Judge: For the defense, Atty. Conqueror Tabamo as Defense Counsel

Atty. Tabamo: Your Honor may we respectfully present our proposed Stipulation
of Facts will the plaintiff admit insofar as the plaintiff and defendant personal
circumstances are concerned?

Atty. Manuel: Admitted your honor.

Atty. Tabamo: Will the plaintiff admit the allegations that a Pagturul Taymah
Ceremony happened last February 3, 2022 whereas the plaintiff donated a house
and lot to the defendant as a gift of his love and in return, the defendant
wholeheartedly accepted. Moreover, there was no condition stated during the said
ceremony, the Deed of Donation, and video footage taken by Wedding Vows
during the ceremony is hereto attached.
Atty Manuel: not admitted, your Honor there was a condition stipulated in the
Deed of Donation

Atty. Tabamo: will the plaintiff admit That the defendant did not receive any text
message from the plaintiff demanding the return of the title of the House and Lot.

Atty. Manuel: not admitted your honor

Atty. Tabamo: Will the plaintiff admit that the defendant was unable to reply to
the plaintiff’s demand letter as to the reason that the defendant was still seeking
advice from her lawyer first?

Atty. Manuel: not admitted your honor

Atty. Tabamo: Will the plaintiff admit that he received a letter dated April 3, 2022
from the defendant’s counsel refusing to return the Title to the for the reason that
defendant accepted it in good faith and as an unconditional gift of the plaintiff’s
love

Atty Manuel: admitted as to receiving the letter but denies that it was an
unconditional gift.

Atty. Tabamo: Will the plaintiff admit that he gave said property through the
deed of donation?

Atty. Manuel: Yes, admitted your Honor but it was donated with a condition

Presiding Judge: Plaintiff, what is the issue raised?

Atty. Manuel: Your honor, the issues to be tried or resolved are the ff.:
1. Whether the donation is valid.
2. Whether the plaintiff is liable to pay for the damages.

Presiding Judge: Defendant?

Atty. Tabamo: Your honor, the issues to be raised are the ff.:
I. Whether or not the donation is valid.
II. Whether the court has jurisdiction over the case.
III. Whether or not the plaintiff has the right to recover the land.
Presiding Judge: The issues of this case are:
I. Whether or not the donation is valid.
II. Whether or not the plaintiff is liable to pay for the damages.
III. Whether or not the court has jurisdiction over the case.
IV. Whether or not the plaintiff has the right to recover the land.

Presiding Judge: Now, we will proceed to the presentation of pieces of evidence.

Atty. Manuel: Your honor, we would like to present our pieces of evidence:
Exhibit “A” – Judicial Affidavit of Capt. Nick Tuazon Young
Exhibit “B” – Judicial Affidavit of Megan Young
Exhibit “C” – Blueprint of the house
Exhibit “D” – Photo of the House and Lot
Exhibit “E” – Deed of Absolute Sale
Exhibit E-1 - Acknowledgement receipt for the Deed of Absolute Sale
Exhibit “F” – Tax Declaration.
Exhibit “G” – Certificate Authorizing Registration.
Exhibit “H” – Notice of Assessment of Real Property by City Assessor's Office
Exhibit “I” – Transfer Certificate of Title with title no 1234567890123
Exhibit “J” – Copy of Deed of Donation with a condition
Exhibit “K”- USB containing the video of Meagan Young
Exhibit “L”- Copy of text conversation between the defendant and plaintiff to
show that defendant refused to return the TCT and had submitted it to have the title
transferred to her name,
Exhibit “M” - copy of plaintiff’s demand letter to defendant
Exhibit “N”- Letter from the counsel of defendant refusing to return the TCT no
1234567890123
Exhibit “O”- Copy of Deed of revocation of donation submitted to the public
respondent Register of Deeds

Presiding Judge: For the defendant, what are your pieces

of evidence?

Atty Tabamo: Your honor, we present the following pieces of evidence.

Exhibit 1- Judicial Affidavit of Princess Intan Tan Hussein
Exhibit 2- Judicial Affidavit of ROD Darren Alaja
Exhibit 3 - Wedding Contract with coordinator
Exhibit 4 - Invitation
Exhibit 5 - Application for Marriage License
Exhibit 6 - USB containing Pagturul Taymah footage with declaration of donation
Exhibit 7 - Deed of donation in writing
Exhibit 8- Deed of Absolute Sale
Exhibit 9- Certificate Authorizing Registration
Exhibit 10- Tax declaration
Exhibit 11- Title certificate of transfer
Atty. Tabamo: That’s all your honor.

Presiding Judge: All documentary were pre-marked and copies thereof after
comparison with the original, have been furnished to the other party. Parties have
stipulated on the authenticity and due execution of the documentary evidence
marked by the parties this afternoon.

We proceed. For the plaintiff, who are your witnesses?

Atty. Manuel: Your Honor we would like to present the witnesses for the plaintiff,
we have Nick Tuazon Young from Tetuan, Zamboanga City and Megan Young
from Tetuan, Zamboanga City.

Presiding Judge: For the defense.

Atty. Tabamo: Your Honor, we would like to present the witnesses for the
defense. We have Princess Intan Tan Hussein from Tumaga, Zamboanga City and
Darren Alaja, ROD, Pettit Barracks, Zamboanga City.

Presiding Judge: Now, we proceed. For the trial dates. How many days do we
have for trial? For the plaintiff, how many days do you need?

Atty. Manuel: Your Honor we have 2 witnesses. May we ask for two days? your
honor

Presiding Judge: For the defense?

Atty. Tabamo: Your Honor we also have 2 witnesses. May we request for two
days your honor?

Presiding Judge: Clerk of Court, what are the available dates in our calendar?

Clerk of Court: Your Honor, the available dates for the plaintiff are: July 4 and 5,
2022 and for the defense the available dates are: July 7 & 8, 2022.

Presiding Judge: Do you agree? Are you amenable to the dates or are you
available on those dates?

Atty. Tabamo: Yes, your Honor we agree on the dates.

Atty. Manuel: Yes, your Honor we agree on the dates.

Presiding Judge: The trial dates are final and intransferable, and no motions for
postponement that are dilatory in character shall be entertained by the court. If such
motions are granted in exceptional cases, the postponement/s by either party shall
be deducted from such party’s allotted time to present evidence.

It is understood that the testimony of the witnesses should be completed on the

scheduled dates of hearing allotted to said witness under the One-Day
Examination of Witness Rule.

The parties are hereby notified in open court of the trial dates. No postponements
shall be allowed unless for meritorious grounds so ordered. The parties and their
counsels are hereby notified, and the court shall no longer issue a subpoena to the
parties present today.

It shall be the responsibility of the parties and lawyers to notify their respective
witnesses of the scheduled appearance dates for the trial.

So, ordered. Call for the next case.

Atty. Manuel: Thank you, Your Honor.

Atty. Tabamo: Thank you, Your Honor.

Clerk of Court: Pre-trial for Civil Case No. 123123, Nick Tuazon Young v.
Princess Intan Tan Hussein and the Register of Deeds are now adjourned.
Please sign the minutes of today’s pre-trial proceeding.