Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch __, Cebu City

ROSANA SUAREZ, MARIA SUAREZ

AND CONCHITA SUAREZ
Plaintiffs,
CIVIL CASE NO. CEB-1234

-versus- FOR: ANNULMENT OF SALE

JOLLEANNE PERINO
Defendant,
x-----------------------------------------x

PRE-TRIAL BRIEF

Plaintiff, through counsel, respectfully submits his Pre-Trial Brief,

as follows:

I. WILLINGNESS TO ENTER INTO AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1.1 Subject to a concrete proposal that is fair and reasonable, and

a reciprocal manifestation of openness from the Defendant,
the Plaintiffs are open to the possibility of amicably settling
this dispute;

1.2 Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, the

Plaintiff respectfully submits that the desired terms of any
amicable settlement would involve, first, an admission that
the contract entered was one of equitable mortgage, not sale
of real property; second, for the Defendant to reconvey the
property to the Plaintiffs; and third, for the Defendant to pay
the Plaintiffs the amount of not less than Php 60,000.00 as
expenses incurred in litigation.

1
 II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiffs claim ownership of a parcel of lot situated in Brgy.

Labangon, Cebu City, denominated as Lot No. 12345 containing an
area of 2,357 square meters or 2.3 hectares, more or less, covered by
Tax Declaration No. 67890, for the year 2015, in the name of Rosana
Suarez, the Plaintiff. They allege that the said land is the conjugal
property of Plaintiff Rosana Solite Vda. de Suarez and her late
husband, Juan Suarez. The rest of the Plaintiffs are the children of the
aforesaid spouses;

2.2 On or about August 15, 2019, Plaintiffs discovered that the tax
declaration of the property was transferred to the Defendant by virtue
of a forged deed of sale;

2.3 On the assumption that the sale was valid, the Children-Plaintiffs
are still entitled to their shares out of the one-half of the land
appertaining to their deceased father, Juan Suarez;

2.4 On the other hand, the Defendant claims that Plaintiff Rosana Vda.
de Suarez represented that the property was paraphernal. The
Defendant acquired the property not only by a valid public document
of sale but also by prescription.

III. FACTS AND OTHER MATTERS ADMITTED BY THE

PARTIES

Plaintiffs admit the facts herein presented:

3.1 Personal circumstances of the parties;

3.2 The property subject of the litigation is a parcel of land

situated in Brgy. Labangon, Cebu City, denominated as Lot
No. 12345 containing an area of 2, 357 square meters or 2.3
hectares, more or less covered by Tax Declaration No. 67890,
for the year 2015, in the name of Rosana Suarez, the Plaintiff;

2
 3.3 That the aforesaid property has been subject of the cadastral
survey and denominated as Cadastral Lot No. 16304-CAD-10
Ext. It is bounded on the North by Lot No. 12341; On the East
by Lot No. 12343; on the South by Lot No. 12344 and on the
West by Lot No. 12346;

3.4 The Plaintiff Rosana’s late husband, Juan Suarez, died

intestate in Cebu Doctors Hospital, Cebu City on December 2,
2014.

IV. ISSUES TO BE TRIED

Plaintiff proposes the following issues be tried and resolved by this

Honorable Court:

4.1 Whether or not the thumb mark of the Deed of Sale (Annex
“D” to the Complaint) was a forgery;

4.2 Whether or not the parcel of land in litigation is the conjugal

property of the spouses Rosana Solite Vda. de Suarez and
Juan Suarez;

4.3 Assuming that the Deed of Sale was genuine, whether or not
the Plaintiffs, except their mother Rosana, have shares over
the one-half portion of the property;

4.4 Whether or not the intention of the parties was only a

mortgage, not a sale;

4.5 Whether or not Plaintiffs are entitled to damages from the

Defendant.

V. EVIDENCE

Plaintiff intends to present the following Documentary and

Testamentary Evidence:
3
 5.1 Plaintiff, ROSANA SOLITE VDA. DE SUAREZ, who will testify
on the material allegations, causes of action, the true circumstances
leading to the filing of this suit against the Defendant, and other
claims set forth in the Complaint;

5.2 MARIA CRUZ, the neighbor of Rosana Suarez, who will

testify as to the illiteracy of Plaintiff, Rosana Vda. de Suarez, and as
to the latter’s intent to only mortgage and not sell the property;

5.3 Tax Declaration No. 67890, for the year 2015, in the name
of Rosana Suarez (Annex “A”);

5.4 Tax Declaration No. 101112 in the name of the Defendant

(Annex “B”);

5.5 Tax Declaration No. 67891, in the name of Jolleanne Perino,

issued in lieu of Tax Declaration 67890 (Annex “C”);

5.6 Deed of Absolute Sale purportedly executed on March 26,

2015 by Rosana Suarez, the Plaintiff, in favor of Defendant (Annex
“D”);

5.7 Certificate to File Action, issued by the Office of the

Barangay Captain, Brgy. Labangon, Cebu City (Annex “E”);

5.8 Judicial Affidavit of Rosana Vda. de Suarez (Annex "F");

5.9 Marriage Certificate of Rosana Vda. de Suarez and Juan

Suarez (Annex “G”);

5.10 Judicial Affidavit of Maria Cruz (Annex “H”);

5.11 Plaintiffs reserve the right to present any and all

documentary evidence which shall become relevant to rebut the
Defendant’s claims in the course of trial as well as any other witnesses
whose testimonies will become relevant to belie Defendant’s
witnesses, if necessary.

4
 VI. RESORT TO DISCOVERY

6.1 Plaintiff reserves the right to resort to modes of discovery

before trial.

VII. AVAILABLE TRIAL DATES

7.1 Plaintiff respectfully informs this Honorable Court of his

willingness to proceed to an actual trial of the case whenever
necessary at a convenient time to the parties and to the
calendar of this tribunal.

WHEREFORE, premises considered, it is respectfully prayed for

unto this Honorable Court that the foregoing Pre-Trial Brief be duly
noted.

RESPECTFULLY SUBMITTED this 4th day of November, 2019.

Cebu City, Philippines.

ATTY. MARY JOY GAYANES

Counsel for the Plaintiff
IBP No. 12345-6-2019-Cebu City
PTR No. 00012-6-2019, Cebu City
MCLE Compliance No. VI-1234
Room 45, 4th Floor, LINK Bldg.
Cebu IT Park, Apas, Lahug
Cebu City
MJGayanes@gmail.com
(053) 265-2000

Copy furnished:
By Personal Service

ATTY. MARY MAE LIMPANGUG

5
Counsel for the Defendant
LIMPANGUG LAW OFFICE
Rm. 546, Tuazon Building
2341 Abugon St., Cebu City