Page 1 of 3

Pre-trial Brief of Defendant

Republic of the Philippines

MUNICIPAL TRIAL COURT in CITIES
9th Judicial Region
Branch 3
Zamboanga City

ANALYN A. MAGPANTAY CIVIL CASE NO. 101011

Plaintiff,
-for-
-versus-
JUDICIAL PARTITION OF REAL ESTATE
NASER A. MAGPANTAY, MARY
MAY A. MAGPANTAY
Defendants.
x---------------------------------------------x

PRE-TRIAL BRIEF FOR THE DEFENDANT

COME NOW DEFENDANTS, herein represented by undersigned

counsel and unto this Honorable Court most respectfully submit this Pre-
Trial Brief and state that:

I. STATEMENT OF THE DEFENDANT’S WILLINGNESS TO

ENTER INTO AMICABLE SETTLEMENT OR ALTERNATIVE
MODES OF DISPUTE RESOLUTION.
- The defendants did not agree to the possibility of an amicable
settlement of the case.

II. THEORY/STATEMENT OF FACTS.

- Herein Parties are all of legal age and legitimate heirs of Spouses
Armando and Merle Magpantay, who are the registered owner of a Real
Estate property situated in Logoy Grande, Talon-talon, Zamboanga City,
Philippines.
- Said Property is covered under TCT no. T-77,517 of the registry of
Deeds of Zamboanga City, with an assessed value of P 74,000.00.
- Spouses Magpantay died intestate, leaving the property undivided
among their three children.

III. STIPULATION OF FACTS

- On the subject lot, two (2) residential units stand; the houses of the
deceased spouses, now inhabited by the defendants Naser A.
Magpantay and Mary Mae A. Magpantay, both of whom pay the plaintiff
as her share, rental of P5,000.00 each per month since January 1, 2017.
- Plaintiff was reimbursed by the defendants of their pro-indiviso shares
in the property taxes.
 Page 2 of 3
Pre-trial Brief of Defendant

- Plaintiff plans to lease the subject lot to a certain Jack Ma to the

objection of the co-owner defendants.
- Plaintiff’s request to partition the subject lot is without regard to the
partition of the two (2) houses which occupies 80% of the property.
- The partition would destroy and render unserviceable the two (2)
houses standing therein, causing the depreciation of subject property.
- Plaintiff’s request to partition the subject lot would prejudice the rights
of all co-owners.
- There is an agreement among the plaintiff and defendants to keep the
subject lot undivided for ten (10) years, the period of which had not
yet lapsed.

IV. ISSUES TO BE TRIED OR RESOLVED.

1. Whether or not the disputed parcel of land located at Talon-
Talon, Zamboanga City, covered by TCT No. T-77,517 of the
Registry of Deeds of Zamboanga City, Philippines may be
partitioned among the parties;
2. Whether the disputed parcel of land may be partitioned without
prejudice to the interests of the parties is a question of fact.

V. WITNESSES TO BE PRESENTED, ABSTRACT OF THEIR

TESTIMONIES AND APPROXIMATE TIME FOR THEIR
TESTIMONY.

1. NASSER MAGPANTAY– to prove among and testify on

matters relevant to the present case;
2. MARY MAE MAGPANTAY– to prove and testify on matters
relevant to the present case;

VI. DOCUMENTS OR EXHIBITS TO BE PRESENTED.

1. Exhibit “1” - Screenshot Capture of the SMS

2. Exhibit “2” - Contract of Lease
3. Exhibit “3” - Minutes of Conciliation
4. Exhibit “4” - Photographs for the Subject Lot
5. Exhibit “5” - Agreement between Plaintiff and Defendants
6. Exhibit “6” - Acknowledgment Receipt of Rental Payments

VI. APPLICABLE LAWS AND JURISPRUDENCE

1. Civil Code of the Philippines

2. Revised Rules of Court
3. Other Applicable Laws
4. Applicable Jurisprudence and Supreme Court Decisions

VII. AVAILABLE TRIAL DATES FOR THE PRESENTATION OF

PLAINTIFFS’ EVIDENCE.

Any available dates of the Honorable Court.

 Page 3 of 3
Pre-trial Brief of Defendant

Respectfully submitted, City of Zamboanga, Philippines 6 May,

2023.

KAREN A. MARITES
Counsel for Defendant
MARITES AND CHISMOSA LAW FIRM
nd
2 Floor, LDM Bldg., Pilar St., Zamboanga City
PTR No. 2344589-01/03/2022
IBP No.168929-12/31/2021
Roll No. 49871-05/02/05
MCLE Compliance No. V- 0002658 - 06/19/14
MCLE Compliance No. VI- 0009546 - 03/26/17
Emailaddress:marites.chismosa.law@gmail.com
Telephone Number: (062) 990-1412

Copy Furnished:

ANALYN MAGPANTAY
Talon-Talon, Zamboanga City

ATTY. JOHN DOE

Happy Lane Sta. Maria, Zamboanga City
Roll No. 2301; 05-23-01
IBP No. 254683; 12-16-2023; ZAMBASULTA
PTR No. 2344600; 01-03-2023; ZC
MCLE Compliance No. VII-0013335
Valid until April 14, 2025