Republic of the Philippines

MUNICIPAL TRIAL Court

8th Judicial Region
TANAUAN LEYTE

Zyra Mae Antido,

Plaintiff, Case No.: 987
For: RECOVERY OF
POSSESSION
-versus- AND OWNERSHIP OF REAL
PROPERTY

Ardill Geos Dado,

Defendant.
X-----------------------------------x
PLAINTIFF’S PRE-TRIAL BRIEF

COMES NOW the Plaintiff, by undersigned counsel, and unto this

Honorable Court, most respectfully submit his Pre-Trial Brief, as follows:

ADMISSIONS TO THE STIPULATION OF FACTS

1. Plaintiff is the true owner of a certain parcel of land situated in

Brgy. Tugop, Tanauan, Leyte, Philippines, consisting of
approximately FOUR THOUSAND FIVE HUNDRED (4500 SQM)
SQUARE METERS and identified as Lot 1234 and covered by Tax
Declaration of Real Property No. 12345-67890 R12 of the Municipal
Assessor’s Office of the Municipality of Tanauan;

2. That the said parcel of land has an assessed value of only Three
Thousand Three Hundred Forty Pesos (P 3,400.00) based on Tax
Declaration of Real Property No. 12345-67890 R12 issued by the
Municipal Assessor’s Office of the Municipality of Tanauan Last
March 28, 2016 and based on the Real Property Tax Receipt No.
1122334 dated March 28, 2016 in the payment of the Real Property
Tax.

3. That since the assessed value of the property involved in the

above-entitled civil action does not exceed FIFTY THOUSAND (P
50,000.00) PESOS, exclusive original jurisdiction lies within the
Honorable Municipal Trial Court.

4. That Plaintiff bought the property from Lyle Tabaranza who

conveyed such property to herein Plaintiff Zyra Antido last June 15,

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 2006 as evidenced by a Deed of Absolute Sale executed by Lyle
Tabaranza and Zyra Antido.

5. That on November 19, 2012 she mortgaged the said parcel of land
to Ardill Dado in the amount of Ten Thousand (P 10,000.00) Pesos
to use the proceeds to finance personal consumption.

6. That sometime in November 2013, Plaintiff recovered from her

financial instability and went to Ardill Dado to pay for the amount
of the mortgaged parcel of land and likewise to reclaim possession
over the said parcel of land. Unfortunately, Defendant Dado for no
justifiable reason willfully and maliciously refused to accept the
payment of the mortgage.

7. That the Plaintiff once again went to Defendant Dado on July 4,

2017 to pay the amount of the mortgaged and to reclaim the
possession of the parcel of land, however Defendant still willfully
and maliciously refused to accept the payment of the mortgage.

8. That herein Plaintiff continuously and repeatedly demanded that

Defendant to accept the payment and vacate and return the
possession of the said parcel of land to the herein Plaintiff, but
despite numerous demands for him and his family to vacate,
Defendant has remained in illegal possession of the said land and
up to the present, still retain such possession.

9. That sometime on February 14, 2016, Plaintiff filed a complaint

against Dado before the Office of the Lupong Tagapamayapa of
Brgy. Tugop, Tanauan, Leyte for him to receive and accept the
payment of the mortgaged property. That despite due notice for
Mediation proceedings set on January 16, 2016, January 29, 2016
and February 14, 2016. Defendant still remains adamant in his
failure to the said proceedings even to the point of informing the
tanod who delivered the summons to just file the case against him.

10. That despite the efforts to amicably settle their dispute before the
Office of the Lupong Tagapamayapa, mediation failed. A
Certificate to File Action was issued by the Office of the Lupong
Tagapamaya of Brgy Tugop, Tanauan, Leyte in relation thereto.

11. A final demand dated May 16 2016 was sent through the assistance
of the Barangay Chairman where the Plaintiff deposited the
amount of Ten Thousand Pesos (P 10,000.00) but Defendant once
again willfully and maliciously refused to accept the payment and
return the possession of the same to the Plaintiff.

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 12. Defendant even informed the Barangay Tanod Wendell Templado
who served the letter to the Defendant said that he will just wait
for a case against him be filed in Court.

13. That the reasonable rental value of the said land is at least ONE
THOUSAND (P 1,000.00) PESOS per month.

14. That due to the unjust refusal of the Defendant to vacate and to
return the said land to the Plaintiff, the latter was constrained to
endorse the said matter to its legal counsel for the filing of an
appropriate action in court and this had to incur litigation expenses
of not less than Ten Thousand Peso (P 10,000.00).

PROPOSALS FOR ADMISSION

1. That the Honorable Court has jurisdiction over the case and the
parties.

2. That summons was effectively served upon the defendant.

3. That the case has been referred for mediation before the
Philippine Mediation Center but the JDR proceedings has failed
because defendant refused to settle the case amicably.

DOCUMENTS TO BE PRESENTED

Plaintiff will present the following Documentary Evidence:

Exhibit Description Purpose

A A copy of the Tax
Declaration of Real
Property No. 12345-
67890 R12.
B A copy of the Real
Property Tax Receipt.
C A copy of the Deed of
Sale.
D and series Copy of the Minutes of
the Mediation
Proceeding on January
16, 2016, January 29,
2016 and February 214,
2016.
E A copy of the

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 Certificate to File
Action.
F A copy of the final
demand letter to Mr.
Ardill Dado dated May
10, 2016.
G A copy of the reply
letter of Barangay
Chairman Nikkos
Engage dated May 16,
2016.

ISSUES TO BE TRIED AND RESOLVED

The Plaintiff proposes the following issues to be tried and resolved

by this Honorable Court:

1. Whether the defendant’s claim of ownership of the subject

property gives him a better right of possession over the same.

2. Whether the award of relief sought by defendant is justified.

POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiff is open to find avenues for the possible amicable

settlement of the case provided the conditions are fair, reasonable and
acceptable under the premises.

Respectfully submitted, January 12, 2017, Tacloban City.

ATTY. CALEB P. CELLO

Counsel for Plaintiff
ACCEE & Partners Law Offices
ABCD Building, Sagkahan St.
IBP No. 1122334/01-03-18/Tacloban City
PTR No. PL11223344B/01-03-18/Palo, Leyte
Roll of Atty’s No. 0000/April 15, 2011
MCLE Compliance No. V-0000002/April 6,2017
Email: emailaddress@yahoo.com

COPY FURNISHED:

ATTY CATRIONA GRAY

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Atty. Roll No. 01010/May 10, 2006
IBP OR No. 10000/01/05/18/Tacloban City
PTR No. 000001/01/05/18/Tacloban City
MCLE Compliance No. V-00000101, 01 -13-2014
Calanipawan Street, Tacloban City

SERVED: By personal service

THE CLERK OF COURT

MTC, Tanauan, Leyte

GREETINGS:

Please submit the foregoing Plaintiff’s Pre-Trial Brief for the kind
consideration and approval of the Honorable Court on the scheduled
setting of the case or on any other available calendar.

ATTY. CALEB P. CELLO

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