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Republic of the Philippines

MUNICIPAL TRIAL COURT


Second Judicial Region
Baggao, Cagayan

AAA,
Plaintiff,

Civil Case No.___


For: Ejectment (FORCIBLE ENTRY)
-versus- With Preliminary Mandatory
Injunction.

BBB,
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PRE-TRIAL BRIEF
(For the Plaintiff)

COMES NOW, the Plaintiff AAA, through counsel, most


respectfully submit this pre-trial brief and state:

STATEMENT OF WILLINGNESS TO ENTER INTO AN


AMICABLE SETTLEMENT:

Plaintiff is open to an amicable settlement of this dispute and is


willing to enter into a compromise agreement with all the parties
under such equitable terms and conditions that the parties may
mutually agreed upon.

ADMISSIONS AND PROPOSED STIPULATIONS OF FACTS

Admitted Facts:

The following facts are admitted:


1. The personal circumstances of the parties; and
2. The jurisdiction of the Honorable Court.

Stipulation of Facts:

1
Plaintiff requests the Defendant to admit the following facts;

1. On May 23, 2012, the plaintiff and _______executed a


Deed of Real Estate Mortgage over a parcel of land located at
Tallang, (formerly Dalla) Baggao, Cagayan, covered by the Original
Certificate of Title No. P____ registered under the name of _________;

2. The plaintiff possessed, occupied and cultivated the said


parcel of land and planted with rice in accordance with the
agreement with the mortgagor _______, for several years;

3. On July 11, 2017, the plaintiff became the owner of the


above-mentioned parcel of land, by virtue of Extrajudicial
Settlement of Estate (with Deed of Sale) executed by the legal heirs
of the deceased Spouses ________, one of them is _________;

4. The Extrajudicial Settlement of Estate with Deed of Sale


was annotated through the Affidavit of Adverse Claim of the plaintiff ,
in the Original Certificate of Title No. _____;

5. On July 25, 2017, at about 2:00 o’clock in the afternoon,


the plaintiff went to visit the subject land to prepare for plowing, as
the season of planting of rice is about to begin. However, the plaintiff,
to his surprise, the herein defendant started cultivating the portion of
a parcel of land in question. Despite oppositions made by the
plaintiff, the defendant, with his “tabas” never bothers to listen
instead he made an intimidation to the plaintiff when tried to arrange
the dispute saying, “siyak ngarud ti iluud mu”;

6. The defendant planted with rice the land in dispute,


notwithstanding the strong opposition made by the plaintiff;

7. On August 4, 2017, the plaintiff tried to settle the dispute


before the Office of the Lupong Tagapamayapa, to buy peace and
order with the defendant. However, no settlement was reached;

8. On August 8, 2017, the Office of the Lupong


Tagapamayapa of Barangay Tallang issued a Certificate to File Action.

STATEMENT OF THE ISSUE

Whether or not plaintiff AAA was unlawfully deprived of


possession of the subject property by means of force and
intimidation.

2
DOCUMENTARY EXHIBITS

Exhibit Description Purpose


“A” Deed of Real To prove that the subject
Estate Mortgage property was mortgaged to
the plaintiff by _____
“B” Original To prove that the property
Certificate of Title mortgaged to the plaintiff is
No. ____ registered under the name
of ______
“C“ Extrajudicial To prove that the legal heir
Settlement of of Spouses ____________
Estate (with Deed sold the subject property to
of Sale) the plaintiff
“D” Affidavit of To prove that the
Adverse Claim Extrajudicial Settlement of
Estate with Deed of Sale
was annotated in the
Original Certificate of Title
No. ____
“E” Affidavit of To prove thatBBB planted
Mr_____ with rice the subject
property
“F” Photograph of the To prove that the subject
subject property property was planted with
planted with rice rice
“G” Certification to File To prove that the matter
Action dated has been referred to the
August 8, 2017. Barangay but no settlement
was reached
“H” Subdivision Plan To prove location of the
of Land (Lot 365-B, subject land
PSD-(af)-02-
060227)
“H-1” Technical To prove metes and bounds
Description of the subject land
“I and series” Tax Declaration To prove payment of tax
over the property in the
name of _________

DISCOVERY PROCEDURE

3
Plaintiff is amenable to the possibility of availing the usual
modes of discovery and alternative mode of dispute resolution,
through mediation or arbitration.

WITNESSES

1. AAA - to testify on the claim as set forth in the Complaint for


Forcible Entry with Preliminary Mandatory Injunction;

2. DDD – to corroborate the testimony of AAA on its material


points;

Plaintiff reserves his right to present additional witnesses and


exhibits during the course of the trial.

AVAILABLE TRIAL DATES

Plaintiff suggest that the trial dates be selected during the Pre-
trial Conference when all parties concerned are present in order to
avoid conflict of schedule

RESPECTFULLY SUBMITTED.

February 21, 2018, Quezon City for Baggao, Cagayan.

Copy furnished:

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