Republic of the Philippines

SUPREME COURT OF THE PHILIPPINES

Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 45
San Jose, Occidental Mindoro

CENTRAL AREA COMMUNAL CIVIL CASE NO. R-2507

IRRIGATORS ASSOCIATION, INC.
Represented by its Board of Directors,
Petitioner,

-versus- For: DECLARATION OF

ELECTION DATED
NOVEMBER 25, 2021 with
PRAYER FOR
PRELIMINARY
INJUNCTION AND/OR TRO
AND DAMAGES

ROGELIO G. MARCELO, VERNIE ADRIAN

V. SALAZAR, JOVITO B. DIMAFILIS, JR.,
RODOLFO S. SOBREPENA, BEN PORRAS,
ARNEL MORELLA, MACARIO CONDE,
NESTOR FERRER, HERSON VIDAL, BOY
FALLORINA, PRECY BERNALES, STEVE
ALOJADO, GEORGE O. PESALES, NORBERTO
FERRER AND ERISON SENESIDRO
Respondents,
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PRE-TRIAL CONFERENCE BRIEF

(FOR THE DEFENDANTS)

DEFENDANTS, by themselves, and unto this Honorable

Court, most respectfully submits this Pre-Trial Conference
Brief, to wit:

I. POSSIBILITY OF AMICABLE SETTLEMENT

The DEFENDANTS manifest that they are willing to

explore possibilities for an amicable settlement that is fair and
reasonable under the circumstances.

II. SUMMARY OF ADMITTED AND PROPOSED

STIPULATION OF FACTS

A. SUMMARY OF ADMITTED FACTS

 Defendants admits the following facts, to with:

1. The identities of the parties;

2. The location of the subject properties;

III. SUMMARY OF PROPOSED STIPULATION OF FACTS

Defendants proposes the following facts to be admitted by

the Plaintiff, to wit: -THAT-

1. The controversy began when the Plaintiffs filed a

case against the Defendants. The reason is that, on November
25,2021 the Defendants called for a general assembly and
election wherein they were elected as the new officers and
members of the Board of Directors of Central Area Communal
Irrigators Association Inc. (CACIA) for brevity;

2. Defendants firmly believe that, they are lawful

elected officers of CACIA because based on the its by laws the
officers and board of directors shall be elected every 25th of
March and shall have a term of 2 years. The Plaintiffs having
been elected on 2014, their terms have expired March 25,
2016. Plaintiffs never heeded the member's call for election
and on December 5, 2021 after 5 years from the expiration of
their term Plaintiffs issued Board Resolution No. 13 stating
that they will remain as the Board of Directors and Officers of
CACIA in hold over capacity and filed the present case to
annul the election of the Defendants on November 25,2021;

IV. STATEMENT OF THE ISSUES

A. Whether the Plaintiff or the Defendants are the

members of the Board of Directors and Officers of
CACIA;

B. Whether the election of Defendants as Board of

Directors on November 25, 2021 is valid;

V. APPLICABLE LAWS AND JURISPRUDENCE

1. Pertinent provisions of the Civil Code;

2. Pertinent provisions of the Corporation Code;

3. Jurisprudence.

VI. DOCUMENTARY EVIDENCE

Defendants shall present the following documentary

pieces of evidence:
 1. The Copy of Board Resolution No 13,Series of 2021
dated December 5, 2021 as EXHIBIT "1 to1-A";

2. The Original Copy of the minutes of election and

attendance sheets of the election conducted on
November 25, 2021 as EXHIBIT "2", "2-A to 2-I";

3. The Copy of Financial Statement dated December

31,2020 as EXHIBIT "3";

4. The Certified True Copy of Articles of Incorporation of

CACIA as EXHIBIT "4", "4-A to 4-" ;

VII. WITNESSES TO BE PRESENTED

Defendants respectfully submits the following persons as

her witnesses:
1. Defendants will submit their own judicial affidavits.

Defendant reserves the right to present additional

witnesses as may be needed.

VIII. MODES OF DISCOVERY PROCEDURE

Defendants intends to avail of discovery procedures or

referral to commissioners when necessary.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that the PRE-
TRIAL CONFERENCE BRIEF be NOTED.

Other reliefs just and equitable under the foregoing are

likewise being prayed for.

Respectfully submitted.

15th of February, Sablayan, Occidental Mindoro.

ATTY. MELVIE E. SILVERIO-DACAYANAN

Counsel for the Defendant
1261 Claudio Salgado Street,Buenavista
Sablayan, Occidental Mindoro
Roll of Attorneys No. 68003
IBP Lifetime Roll No. 016948
 PTR No. B-8378984, Occ. Mindoro
MCLE Compliance No. VI-0016804
bhem197896@gmail.com

COPY FURNISHED:

ATTY. LEVITICO SALCEDO

Counsel for Petitioner
Salcedo Law Office

EXPLANATION

Copy of the foregoing Pre-Trial Brief was served to the adverse

party by registered mail with return card, personal service
being impracticable due to lack of personnel to effect such
service.

ATTY. MELVIE SILVERIO-DACAYANAN

Counsel for the Defendant