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REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION
REGIONAL TRIAL COURT
MALOLOS CITY, BULACAN
BRANCH 102
Email add: rtcmll102@judiciary.gov.ph

Kitchen Beauty Marketing

Corporation, represented by
Nathaniel Ong,
Plaintiff,

- versus - CIVIL CASE NO. 307-M-2021

For: Recovery of Possession of
real Property, Damages,
Attorney’s Fees and Costs of Suit

MARCEL ESPIRITU y
CABDELARIO and all other
occupants,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - -x

PRE-TRIAL BRIEF FOR THE DEFENDANT

COMES NOW Defendant Marcelo Espiritu, through

undersigned counsel, to the Honorable Court most respectfully
alleges:

POSSIBILITY OF SETTLEMENT

1. Cause the joint relocation survey of the lot under the

control of Land Registration Authority.

2. Cause the mutual joint plotting of the questioned

properties.

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3. Cause the joint approval of the survey plan with the

Bureau of Lands.

BRIEF STATEMENT OF THE CASE

1. This is a case for Recovery of Possession of Real Property,

Damages, Attorney’s Fees and Costs of Suit filed by plaintiff against
herein defendant.

2. That plaintiff in its complaint, is claiming ownership over

a portion of the parcel of land registered under the name of Marcelo
Espiritu located at Sta. Rosa II, Marilao, Bulacan with an area of
43,786 square meters covered by TCT No. T-22294(M) located at Sta.
Rosa II, Marilao, Bulacan.

3. Plaintiff claims that the property was purchased from

Treasure Island Industrial Corporation on November, 2020. Prior to
the purchase a topographic survey was made and discovered that
defendant Espiritu encroached and illegally occupied Lot 3-B-2-B to
the extent of One Thousand Eight Hundred Fifteen (1,815) square
meters.

4. That the above-described property covered by TCT No. T-

22294 is being occupied by defendant Espiritu in actual, open,
continuous, exclusive, and notorious physical possession in the
concept of an owner from his predecessors in interest since 1925.
Defendant has been paying realty property taxes and other legal
assessment prescribed by the government on the subject property.

5. That possession and ownership of defendant Espiritu was

never bothered by anyone in the community. Defendant has been
residing therein in open, notorious, in good faith and continuous stay
has been recognized by the community since time immemorial
during the lifetime of his predecessors in interest. He is not aware of
any person claiming any adverse interest over the property since
time immemorial until the illegal occupation and claim took place.

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6. That even before the property was registered and came in

possession of Kitchen Beauty Marketing Corp, its predecessors in
interest namely Aura Bernardo et al, Romualdo Anselmo et.al,
Eugenio Evangelista, Sam Lim Corporation, Treasure Island, et.al.,
never claim ownership over the said property and never exercised
any attributes of ownership.

7. That it was only on April 7, 2021 that a demand to vacate

was made over the person of defendant by the plaintiff. Plaintiff
illegally entered the subject property of the defendant without any
court order permitting them to do so.

8. The rightful possession and ownership of defendant

cannot simply be disturbed by the baseless and fraudulent claim of
the plaintiff.

9. The burden to prove his title and right to possess belongs

to plaintiff since defendant is secured in his title. Plaintiff’s title over
the property is doubtful.

ISSUES TO BE RESOLVED

1. Whether or not plaintiff has a valid cause of action

against defendant?

2. Whether or not defendant illegally encroached the

property asserted by plaintiff?

3. Who has a better title over the property?

4. Who between plaintiff and defendants are entitled to

damages?

OFFER FOR STIPULATION

1. That defendant Espiritu is the registered owner of a

parcel of land covered by TCT No. T-222494(M) with an area of

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43,786 square meters located at Sta Rosa II, Marilao, Bulacan, issued
by The Register of Deeds of Meycauyan Branch on April 12, 1995,
11:00 A.M.

2. That the property of the defendant emanated from the

following:

 Decree No. 10139 (GLRO Record No. 8511) and has been
issued under Original Certificate of Title No. 779

SUMMARY OF ADMITTED FACTS

1. The juridical personality of the plaintiff is admitted.

2. Defendant can only admit those facts mentioned in the

Answer.

DOCUMENTS TO BE SUBMITTED

Exhibit Nos. Documents

“1” TCT No. 040-2019028353
“2” TCT No. 040-2015008525
“3” TCT No. 040-2014009114
“4” Petition for Prohibition and Mandamus with
Complaint for Declaratory and Injunctive Relief
“5” TCT No.T- 222494(M)
“6” Lot Plan
“7”, series Real Property Tax Receipts
“8” and “8-a” Identification cards of defendant’s parents

“9” Demand letter dated April 7, 2021

“10”, series Tax Declarations
“11” Deed of Assignment
“12” TCT No. T-260608(M)
“13” Resolution dated March 15, 2019 dismissing the
case for grave coercion, grave threats, qualified

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trespass at malicious mischief.

“14” Certifications – the title of plaintiff came from OCT
765
“15” Certifications – the property is located at the
Municipality of Bocaue
“16” Decision issued by RTC Bulacan, Branch 12 for the
reconstitution of title
“17” Certification – title of plaintiff is under Decree No.
10139

And all other documents relative to the above-entitled case.

WITNESSES AND ABSTRACT OF THEIR TESTIMONIES

1. Marcelo C. Espiritu- to prove that he is the registered

owner of a parcel of land covered by TCT No. T-222494(M) with an
area of 43,786 square meters located at Sta Rosa II, Marilao, Bulacan,
issued by The Register of Deeds of Meycauayan Branch on April 12,
1995, 11:00 A.M. and he has been paying all the required taxes
pertaining to the land. To prove that his acquisition of said land
underwent all the legal processes needed. That he has been
occupying said land in an open, continuous, exclusive and notorious
ownership. That his parents, his predecessors in interest occupied
and owned said land since 1925. That no one disturbed his peaceful
and open occupation of the land until April 7, 2021, when he received
a demand to vacate from plaintiff. That he secured all pieces of
evidence to prove that he did not encroach any property owned by
plaintiff.

2. Engr. Albino Anselmo Perias - to prove that he

conducted the relocation/consolidation subdivision of TCT No. T-
222494(M) registered under the name of Marcelo Espiritu. He also
conducted the actual survey and researched the technical description
of the property covered by TCT No. T-222494(M). To show the
technical plan he made and to prove the procedure, conclusion, and
his findings based on the studies and procedure he made.

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3. Reservation of other witnesses.

MODE OF DISCOVERY

That defendant is willing to avail of the discovery procedure

when necessary.

Defendant intends to submit the case for referral to a

Commissioner.

LAWS AND JURISPRUDENCE

1. Civil Code of the Philippines

2. Law on Property
3. Decisions and Jurisprudence laid down by the Supreme Court

AVAILABLE TRIAL DATES

Undersigned counsel will confer with the other counsel during

pre-trial conference to avoid conflict of schedule.

RESPECTFULLY SUBMITTED.

Quezon City for City of Malolos, Bulacan, March 31, 2022.

DELA RAMA DELA RAMA DELA RAMA LAW FIRM

Counsel for the Defendant
Suite 7-O Future Point Plaza 3, 111 Panay Avenue, Quezon City
Telefax: (02) 8-9909806; 0917-531-9446; 0917-814-8907
e-mail address: jramalaw@yahoo.com; delaramalaw@gmail.com

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By:

JOSE I. DELA RAMA, JR., D.C.L.

Attorney’s Roll No. 36807
IBP Lifetime Roll No. 01286
PTR No. 2539176/January 20, 2022/Quezon City
MCLE Exemption No. VII - Acad003106/November 8, 2021

Copy furnished personally to:

ATTY. JOEL B. FERRER

Counsel for the Plaintiff/s
THE LAW FIRM OF FERRER
Suite 315 PASDA Mansion
77 Panay Ave. cor. Timog Ave., Quezon City
Email Address: theoffice@ferrer.legal

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Copy furnished by registered mail to:

ATTY. JOEL B. FERRER Reg. Rec. No. ______

Counsel for the Plaintiff/s April 1, 2022
THE LAW FIRM OF FERRER Malolos Postal Office
Suite 315 PASDA Mansion City of Malolos, Bulacan
77 Panay Ave. cor. Timog Ave., Quezon City
Email Address: theoffice@ferrer.legal

EXPLANATION
(Pursuant to Rule 13, Section 17 of the 2019 Amendments to the
1997 Rules of Civil Procedure (A.M. No. 19-10-20-Sc))

Undersigned counsel caused the service of this Pre-Trial Brief

for the Defendant to Atty. Joel B. Ferrer through registered mail
instead of personally delivering the same in view of the distance from
our office to the address of said entity and lack of office staff to effect
personal service.

JOSE I. DE LA RAMA, JR., D.C.L.

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