REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT IN CITIES BRANCH 02, TALISAY CITY, CEBU mice] tls002@judiciary.gov.ph Tel. No. (032)491-3742 SPS. RANDY B. GOPAOCO AND AIREEN A. GOPAOCO represented by RYAN ROGERSON B. GOPAOCO, Plaintiff, CIVIL CASE NO. 1859 - versus - FOR: UNLAWFUL DETAINER CATHERINE M. GOPAOCO, Defendant. Koco ener eee e eee / PRELIMINARY CONFERENCE ORDER I. Preliminary Matters There is no settlement reached by the parties. Il. Summary of the Case a. Version of the Plaintiff/s The occupation of the defendant of the subject property is by mere tolerance from the Sps. Randy and Aireen Gopaoco. b. Version of the Defendant/s The defendant is asserting ownership over the subject property and she traces back her ownership on the fact of the sale that was entered into between the plaintiff and the late father. c. Version of Cross-claimant, Third Party Claimant or Intervenor, if applicable. (None) Ill. Admitted Facts a. Facts Admitted by the Plaintiff/s. - NONE. b. Facts Admitted by the Defendant/s.- NONE. ¢. Facts admitted by the Cross-plaintiff, Third Party plaintiff or Plaintiff-Intervenor, if applicable. (NONE) d. Facts admitted by the Cross claim defendant, Third party defendant or defendant intervenor, if applicable. (NONE) IV. Availment of Modes of Discovery V. Issues to be Tried A. Factual - Whether or not the defendant has the right to possess the property subject of this case. - Whether or not the possession of the defendant was mere tolerance of plaintiff, B. Legal VI. Applicable Laws, Rules, and Jurisprudence VII. Evidence Marked A. Evidence of the Plaintiff 1. Documentary and other Object Evidence a) Exhibit “A” 1) Special Power of Attorney; 2) Special Power of Atorney of the plaintiff in favor of Ryan Rogerson Gopaoco 3) Purpose b) Exhibit “B” 1) Transfer Certificate of Title 2) TCT No. 102-2017007624 3) Purpose ¢) Exhibit “C” 1) Certificate to File Action 2) Certificate to File Action dated May 13, 2022 3) Purpose d) Exhibit “D” 1) Notice to Vacate 2) Notice to Vacate dated May 19, 2022 3) Purposee) Exhibit “E” with sub-markings 1) Reply to Notice to Vacate 2) Reply to Notice to Vacate dated May 30, 2022 3) Purpose 2. Testimonial Evidence a) Judicial Affidavits of Plaintiff; 1) He will testify on the matters alleged in the Complaint. 2) Estimated length of testimony b) Judicial Affidavit of Ryan Rogerson Gopaoco; 1) Corroborative. 2) Estimated length of testimony 3. Reserved Evidence [only those stated and supported in the pleading/s} 1) Additional Judicial Affidavits. B. Evidence of the Defendant 1. Documentary and other Object Evidence a) Exhibit “1” with sub-markings 1) Answer 2) Answer dated July 14, 2022 3) Purpose b) Exhibit “2” 1) Photograph 2) Photograph of TCT No. 102-20177007624 3) Purpose c) Exhibit “3” 1) Photograph 2) Photograph of defendant handing over TCT No. 102-20177007624 to plaintiff's representative/emissary 3) Purpose 2. Testimonial Evidence a) Judicial Affidavit of Catherine Jane Mahinay Gopaoco 1) Purpose: 2) Estimated length of testimony: b) Judicial Affidavit of Rogerson M. Gopaoco 1) Purpose: 2) Estimated length of testimony:3. Reserved Evidence [only those stated and supported in the pleading/s] 1) Additional Judicial Affidavits. No evidence shall be allowed to be presented and offered during the trial in support of a party’s evidence-in-chief other than those that have been identified above and pre-marked during the pre-trial. Any other evidence not indicated or listed above shall be considered waived by the parties. However, the Court, in its discretion, may allow introduction of additional evidence in the following cases: (a) those to be used on cross-examination or re-cross- examination for impeachment purposes; (b) those presented on re-direct examination to explain or supplement the answers of a witness during the cross-examination; and (¢) those to be utilized for rebuttal or sur-rebuttal purposes. Evidence obtained as a result of the availment of discovery procedure may be allowed provided parties disclosed prior to pre-trial that they will avail of discovery measures. All documentary and other object evidence were pre-marked and copies thereof, after comparison with the original, have been furnished the other party, or when generating copies proves impractical, parties have been given an opportunity to examine the same. Parties have stipulated on the authenticity and due execution of documentary and/or object evidence to avoid objections in the course of presentation at the trial, as follows: (No stipulations) VIIL Preliminary rulings on all objections to or comments on admissibility of any documentary or other evidence This is without prejudice to the provisions of Section 38, Rule 132, Rules of Court as amended by A.M. No. 19-08-15-SC effective May 1, 2020. IX. Statement that the court shall render judgment on the pleadings or summary judgment [when applicable] x. Court-Annexed Mediation and Judicial Dispute Resolution [when settlement is possible]Scheduled for mediation at the Philippine Mediation Center on SEPTEMBER 5, 2022, AT 10:00 o'clock in the morning. Should there be failure of mediation or should the parties failed to meet on September 5, 2022, the position paper shall be submitted in Court on or before September 23, 2022. All the affidavits shall be attached to the position paper to be submitted. SO ORDERED. Talisay City, Cebu, Philippines, August 23, 2022. > Owners a 3 riginal Signe? CHARINA ©. NAVARRO-QUIJANO Presiding Judge CGNQ/aml