REPUBLIC OF THE PHILIPPINES

Municipal Trial Court in Cities

9th Judicial Region
Branch 3
Zamboanga City
--oOo--

ANALYN A. MAGPANTAY,
Plaintiff,
SPECIAL CIVIL ACTION NO.:
101011
-versus-
-for-

NASER A. MAGPANTAY and JUDICIAL PARTITION OF REAL

MARY MAE A. MAGPANTAY ESTATE
Defendant.
x- - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL ORDER

I. Preliminary Matters

When this case was called for pre-trial, Atty. John A. Doe appeared for
the plaintiff, and Atty. Karen Marites appeared for the defendant. The plaintiff
Analyn A. Magpantay and the defendants Naser A. Magpantay and Mary Mae
A. Magpantay were also in court.

II. Possibility Of Amicable Settlement

During the pre-trial, there was no agreement between the parties as to

the possibility of amicable settlement of the case.

III. Admitted Facts

The plaintiff through her counsel and the defendants through their counsel
stipulated on the following facts:
1. That the parties have the capacity to sue and be sued.
2. The parties herein are legitimate and compulsory heirs of the
spouses, Armando Trinidad Magpantay and Merle A. Magpantay,
who died last February 7, 20041 and on September 22, 20162, in
Zamboanga City, respectively.

2
 3. The above-mentioned spouses died intestate and left a portion of
land situated in Talon-Talon, Zamboanga City, covered under
Transfer Certificate of Title No.: T-77,517 more particularly
described, as follows, to wit:

“A parcel of land (Lot 37-A-6 of the subdivision plan (LRC)

Psd-100321, being a portion of Lot 37-A, described on plan (LRC)
Psd-39150, LRC Cad. Rec. No. 8267), situated in the District of
Talon-Talon, City of Zamboanga, Island of Mindanao…containing
an area of ONE HUNDRED (100) SQUARE METERS, more or less…
registered in accordance with the provisions of the Land
Registration Act in the name of ARMANDO TRINIDAD
MAGPANTAY, married to Merle A. Magpantay.”

Consisting of one hundred square meters (100 sq.m.), the said

property is covered by Transfer Certificate of Title No. T-77517.

4. That the Magpantay spouses died leaving no other property nor

any outstanding debtor valid will

5. From their marital union, Armando Trinidad Magpantay and

Merle A. Magpantay begot three (3) children (named according
to filial order):

a. ANALYN A. MAGPANTAY, 30 years old, born December 24,

1992, and a resident of 123 Maganda Drive, Barangay
Pasonanca, Zamboanga City, Philippines;

b. NASER A. MAGPANTAY , 28 years old, born on April 19, 1995,

and a resident of 321 Logoy Grande, Talon-Talon, Zamboanga
City;

c. MARY MAE A. MAGPANTAY, 26 years old, born on November 8,

1997, and a resident of 321 Logoy Grande, Talon-Talon,
Zamboanga City

6. All children survived the decedent-spouses;

7. By intestate succession, the parties (surviving heirs) are now

co-owners, pro indiviso, of the land embraced by TCT No.
T-77,517, which solely constitutes the estate of the Magpantay
spouses

IV. Issues to be Tried or Resolved

 1. Whether or not Plaintiffs are entitled to lawful possession of the
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;

2. Whether a particular property may be divided without prejudice

to the interests of the parties is a question of fact.

V. Applicable Laws, Rules, and Jurisprudence

A. Civil Code of the Philippines;
B. Revised Rules of Court;
C. Other applicable laws; and,
D. Applicable jurisprudence and Supreme Court decisions.

VI. Evidence Marked

A. Evidence of the Plaintiff

1. Documentary and other Object Evidence

● Exhibit “A” – Death Certificate of Armando Trinidad Magpantay
● Exhibit “B” – Death Certificate of Merle A. Magpantay
● Exhibit “C” – Owner’s Duplicate Copy ofTransfer Certificate of
Title No.T-77,517
● Exhibit “D” – Certificates of Live Birth of Analyn A. Magpantay
● Exhibit “E” – Certificates of Live Birth of Nasser A. Magpantay
● Exhibit “F” – Certificates of Live Birth of Mary Mae A.
Magpantay
● Exhibit “G”- Tax Declaration of Real Property No.
1101008303302, dated June 9, 2022
● Exhibit “H” – Certification of Real Property Holdings dated June
15, 2022
● Exhibit “I” – Certification of Land with Improvement, dated
June 15, 2022
● Exhibit “J” – the Statement of Account (dtd June 9, 2022)
● Exhibit “K”&”L” – official receipts (dtd May 7, 2022 and June 15,
2022) Exhibit “M” – Sketch Plan of Lot 37-A-6 (LRC)
PSD-10032, dated November 15, 2021
● Exhibit “N” – July 8, 2022 Letter re Extrajudicial Settlement of
Estate
● Exhibit “O” – Certification to File Action, dated December 11,
2021
● Exhibit “P” – Photographs of the subject property and the
improvements thereon
● Exhibit “Q” – Judicial Affidavit of Analyn A. Magpantay
 ● Exhibit “R” – Judicial Affidavit of Reymundo L. Iturralde
● Exhibit “S” – Judicial Affidavit of A representative from the
Registry of Deeds for Zamboanga City
● Exhibit “T” – Judicial Affidavit of A representative from the
Office of the City Assessor

2. Testimonial Evidence

1. ANALYN A. MAGPANTAY -To testify on matters relevant to the

present case;
2. REYMUNDO L. ITURRALDE - To testify on matters relevant to the
present case;
3. A representative from the Registry of Deeds for Zamboanga City -
To prove that the SPOUSES ARMANDO TRINIDAD MAGPANTAY
and MERLE A. MAGPANTAY are the registered owners of a parcel
of land covered by Transfer Certificate of Title No. T-77,517;
4. A representative from the Office of the City Assessor - To prove
that the plaintiffs, as co-owners of the subject lot, declared the
subject property for taxation purposes.

B. Evidence of the Defendant

1. Documentary and other Object Evidence

● Exhibit “1” – Certificate of No Improvement

● Exhibit “2 ” - Contract of Lease
● Exhibit “3” - Minutes of Conciliation
● Exhibit “4” - Photographs for the Subject Lot
● Exhibit “5” - Agreement between Plaintiff and Defendants
● Exhibit “6” –Acknowledgment Receipt of Rental Payment;
● Exhibit “7” - Judicial Affidavit of Nasser Magpantay;
● Exhibit “8” - Judicial Affidavit of Mary Mae Magpantay;

2. Testimonial Evidence

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;

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 (c) 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.

VII. Trial Dates/Flow Chart

Trial shall proceed as scheduled below, all at 8:30 A.M. and 2:00 P.M., for
the plaintiff or claiming party and for the defendant or defending party, to
present and terminate their evidence, respectively.

A. Schedule of Plaintiff’s Presentation of Evidence

Hearing Dates

1. Testimony of Plaintiff - June 26, 2023

2. Testimony of Witness/es - July 3, 2023

B. Schedule of Defendant’s Presentation of Evidence

Hearing Dates
1. Testimony of Defendant - July 10, 2023__
2. Testimony of Witness/es - July 17, 2023_______

The trial dates are final and intransferrable, 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 witness should be completed
on the scheduled date of hearing allotted to said witness under the One-Day
Examination of Witness Rule.3

The direct testimony of witnesses for the plaintiff shall be in the form of
judicial affidavits attached to the complaint and responsive pleadings. After
the authentication and identification of such affidavits, cross-examination
shall proceed immediately.

The court, however, has the discretion on whether or not to extend the
examination of witnesses for good cause shown, as long as the trial period
required under the Rules is maintained.

Postponement of presentation of the parties’ witnesses at a scheduled

date is prohibited, except if it is based on acts of God, force majeure or the duly
substantiated physical inability of the witness to appear and testify. The party
who caused the postponement is warned that the presentation of its evidence
must still be terminated within the remaining dates previously agreed upon.

Should the opposing party fail to appear without valid cause stated in
the next preceding paragraph, the presentation of the scheduled witness will
proceed with the absent party being deemed to have waived the right to
interpose objections and conduct cross-examination.

The contents of this pre-trial order shall control the subsequent

proceedings, unless modified before trial to prevent manifest injustice.

The parties and their counsel are hereby notified hereof, and the court
shall no longer issue a subpoena to the parties present today. It shall be the
responsibility of parties and lawyers to notify their respective witnesses of the
scheduled appearance dates for the trial.

SO ORDERED.

Zamboanga City, Philippines.

ARVIN B. CASIMIRO
Presiding Judge