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SPS. JOSE,
Defendants,
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PRE-TRIAL BRIEF
(FOR THE DEFENDANTS)
2.
3.
III.
3.
Defendants and their family have been in prior
possession of the subject property since 1996.
4.
Defendants firmly believe that, they are the owners of the
subject property by virtue of the Deed of Absolute Sale. Up to this
date, Defendants have been in the concept of an open, continuous,
exclusive, actual and notorious possession of the subject property;
5.
It is incontrovertible fact that Plainttiff failed to allege in
her Complaint that she sent a Demand letter to Plaintiffs. There is
therefore no notice to vacate sent to Defendants, hence, a fatal
defect in ejectment cases.
6.
Moreover, records show that there is NO PROPER/
VALID NOTICE TO PAY AND VACATE as required in ejectment
cases. More so, this Honorable Court has no jurisdiction in the
instant case considering that the grounds raised by the Plaintiff in her
complaint are NOT AMONG THOSE GROUNDS ENUMERATED IN
EJECTMENT CASES since herein defendants are NOT
USURPERS/INTRUDERS of the subject property but OWNERS.
7.
Plaintiff miserable FAILED to allege in her Complaint her
prior physical possession of the subject property and not legal
possession.
IV.
C.
V.
D.
E.
Procedure
VI.
4.
5.
6.
DOCUMENTARY EVIDENCE
2.
VII.
Other reliefs just and equitable under the foregoing are likewise
being prayed for.
Respectfully submitted.
City of Manila. ______.
Spouses Jose
COPY FURNISHED:
Counsel for the Plaintiff
Public Attorney I
Department of Justice
PUBLIC ATTORNEYS OFFICE
4th Floor, Godino Building
Antonio Villegas Street, Manila
EXPLANATION: Copy of the foregoing Pre-Trial Brief was served to
the adverse party by registered mail in lieu of personal service due to
traffic situation.
Spouses Jose