Robert Mondragon and Romina Mondragon

vs. Civil Case No. 19-00003_

For: Unlawful Detainer

Dani Echiverri, Julia Echiverri,

Claudia Echiverri and Leon Echiverri

MINUTES OF PRELIMINARY CONFERENCE

Held on November 13, 2019 at 1:00 o’clock in the afternoon
Appearances:
For the Plaintiff: For the Defendant:
Atty. Kathlyne Mijares Atty. Divine R. Macapagal
Robert Mondragon_____ Dani Echiverri
Romina Mondragon____ Julia Echiverri
Claudia Echiverri and
Leon Echiverri

Proposed Admission and Stipulations

Plaintiff sought admission of the following facts by the Defendant:
1. The Plaintiffs are the real owner of the subject land located at No.
2715 Dimasalang Street, Sampaloc, Manila which is unlawfully occupied by
the Defendants from 1994 up to present

2. The Plaintiffs by mere tolerance allowed the Defendants to occupy the

disputed land on the premise that they will buy the land.

3. The Plaintiffs offered to sell the subject property to defendants and

defendants had expressed their desire and willingness to enter into such
transaction”, but the same did not push through due defendant’s inaction.
Defendant sought admission of the following facts by the Plaintiff:
1. The names and identities of the Plaintiffs and Defendants;

2. The address of the house which is presently in possession of the

Defendants;

3. The Defendants, tracing such possession from grandparents, Sps. Pikey

and Inday Barretto, have been in open, continuous, exclusive and
notorious possession of the subject property in the concept of an owner
from 1941 up to present.

Issues/s
For the Plaintiff:
 1. Whether or not Plaintiffs have a valid and legal title over the land?

2. Whether or not Defendants occupancy on the subject land constitutes as

Unlawful detainer.
For the Defendant:
1. Whether or not the action for unlawful detainer should be dismissed for
lack of jurisdiction;

2. Whether or not the Plaintiffs have a cause of action to eject the

Defendants from the subject property.

Marking of Documentary Evidence:

For the Plaintiff:
1. Transfer Certificate of Title No. 98765 (Exhibit “A”)
2. Notice to Vacate (Exhibit “B”)
3. Final Demand Letter (Exhibit “B-1”)
4. Registry Return Receipt (Exhibit “B-2”)
5. Tax Declarations (Exhibit “C”)
6. Tax Receipts (Exhibit “C-1”)
7. Tax Clearance (Exhibit “C-2”)
8. Complaint for Unlawful Detainer (Exhibit “D”)
9. Judicial Affidavit of Robert Mondragon (Exhibit “E”)
10. Judicial Affidavit of Romina Mondragon (Exhibit “F”)
11. Judicial Affidavit of Bea Alonzo (Exhibit “G”)
12. Registrar Certification (Exhibit “H”)
13. Judicial Affidavit of Coco Martin (Exhibit “I”)
14. Judicial Affidavit of Richard Go (Exhibit “J”)
15. Affidavit of Romina Mondragon (Exhibit “K-1”)
16. Affidavit of Registrar Bea Alonzo (Exhibit “K-2”)
17. Affidavit of Geodetic Engineer (Exhibit “K-3”)
18. Affidavit of Geodetic Engineer (Exhibit “K-4”)
19. Survey of Private Geodetic Engineer (Exhibit “L”)

For the Defendant:

1. Transfer Certificate of Title No. 98765, as Exhibit “1”
2. Tax Declaration No. 2017-090009-0092, as Exhibit “2”
3. Copy of the alleged Final Demand Letter, as Exhibit “3”
4. Meralco Bill in the name of Pikey Barretto, as Exhibit “4-A”
5. Birth Certificate of Marjorie Baretto-Echiverri, of Dani Echiverri, of
Julia Echiverri, of Leon Echiverri, of Claudia Echiverri, (Exhibits “4-
B,” “4-C,” “4-D,” “4-E”, “4-F”, “4-G”, “4-H” and “4-I”)
6. Certificate of Residency of Recom Echiverri, of Marjorie Baretto-
Echiverri, of Dani Echiverri, of Julia Echiverri, of Leon Echiverri and
of Claudia Echiverri. (Exhibits “4-J”, “4-K”, “4-L”, ”4-M”, “4-N”, “4-
O” and “4-P”)
7. Official Transcript of Records of Marjorie Baretto-Echiverri, as
Exhibit “7”
8. Judicial Affidavit of Dani Echiverri, as Exhibit “5-A”
9. Judicial Affidavit of Julia Echiverri, as Exhibit “5-B”
10. Judicial Affidavit of Claudia Echiverri, as Exhibit “5-C”
11. Judicial Affidavit of Leon Echiverri, as Exhibit “5-D”
12. Judicial Affidavit of Dennis Padilla, as Exhibit “5-E”
13. Judicial Affidavit of Rhyan Guerrero, as Exhibit “5-F”
14. Judicial Affidavit of Marcial De Leon, as Exhibit “5-G”
Genuineness and Execution Admitted:
For the Plaintiff: For the Defendant:
ALL ADMITTED AS FAITHFUL REPRODUCTION ALL ADMITTED AS FAITHFUL
OF THE ORIGINAL REPRODUCTION OF THE ORIGINAL

Possibility of Settlement:
_____The Plaintiffs is willing to submit this case for mediation and explore
the possibility of an amicable settlement with the
Defendants___________________________________________________________________

Other Matters:

C O N F O R M E

Atty. Kathlyne Mijares ATTY. Divine R Macapagal

Counsel for the Plaintiff Counsel for the accused

Assisted by: Assisted by:

___________________________________ _______________________

PREPARED BY: CERTIFIED CORRECT:

___________________________________ George D. Almeda
Interpreter Branch 2, Clerk of Court