Saint Louis University School of Law Moot Court (Team Justice Concepcion)

SAINT LOUIS UNIVERSITY
School of Law
Moot Court
(Team Justice Concepcion)
MARIA BASA,
Plaintiff,
Civil Case No. 12-690012
For: Recovery of Ownership of
Real Property
with Petition for the Issuance of
Writ of Preliminary Injunction
and Temporary Restraining
Order
- versus -
CORNELIO SANTUYO,
Defendant.
x ---------------------------------------- x
PRE-TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits her Pre-Trial Brief, as

follows:
I. WILLINGNESS TO ENTER INTO AN 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 Plaintiff is
open to the possibility of amicably settling this dispute.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. The Plaintiff seeks principally to RECOVER HER RIGHTFUL

OWNERSHIP of a parcel of land located along Siapno Road, Pacdal
Barangay, Baguio City which is her inheritance from her late father, PEDRO
BASA.
2.2. The Defendant resists plaintiffs claims insisting that he is the

rightful owner of the contested property by virtue of an alleged Deed of Sale
purportedly executed between him and the Plaintiffs late mother.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. The Defendant admits only those facts stated in his Answer, i.e.,
his personal circumstances, and his act of entering the Plaintiffs property
on 17 May 2012.
3.2. Subject to a concrete proposal for stipulation of additional facts

from plaintiff during pre-trial or even thereafter, defendant admits no other
facts stated in the Complaint.
IV. ISSUES TO BE TRIED
4.1. The Plaintiff submits that the following issues put forward by
plaintiff are subject to proof:
4.1.1. Plaintiffs rightful ownership over the contested
property;
4.1.2. Plaintiffs entitlement to damages by reason of the
Defendants unlawful entry into her property.
4.2. Defendant submits that the following issues she put forward are
subject to proof:
4.2.1. Plaintiffs lack of colorable title over the contested

property;
4.2.2. Defendants rightful possession and ownership over
the contested property;
V. EVIDENCE
5.1. The Plaintiff intends to present the following witnesses:
5.1.1. The Plaintiff herself, who will testify on the rightful source
of his title over the contested property;
5.1.3. JAIME ABELARDO, one of the named witnesses over the

alleged Deed of Sale purportedly executed between the late Pedro
Basa and the Defendant, who shall deny the genuineness of his
signature over the said document and his non-participation to the
undertaking.
5.1.4. MAGGIE DELA HOYA, one of the named witnesses over
the alleged Deed of Sale purportedly executed between the late Pedro
Basa and the Defendant, who shall deny the genuineness of her
signature over the said document and her non-participation to the
undertaking.
5.2. The Plaintiff intends to present the following documentary

evidences:
5.2.1. The TAX DECLARATION covering the contested property

under the name of the late Pedro Basa.
5.2.2. The HOLOGRAPHIC WILL of the late Pedro Basa naming

the Plaintiff as the rightful heir to the contested property.
5.2.3. A certified true copy of the LETTER OF

ADMINISTRATION of the holographic will of the late Pedro Basa duly
issued by the Regional Trial Court Branch 61 of Baguio City on 15
February 2012.
5.3 The Plaintiff reserves the right to present any and all documentary
evidence which shall become relevant to rebut plaintiffs claims in the
course of trial as well as any other witnesses whose testimony will become
relevant to belie plaintiffs witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, the Plaintiff

does not intend to avail of discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for

discovery from the Defendant, the Plaintiff reserves the right to resort to
discovery before trial.
PRAYER
The Plaintiff submits this Pre-Trial Brief for the consideration of the
Honorable Court and the Defendant during the Pre-Trial Conference.
Baguio City; 23 November 2012.
JUSTICE CONCEPCION LAW OFFICE

Room 209 Gonzaga Building
Gen. Luna Road, Baguio City

Saint Louis University School of Law Moot Court (Team Justice Concepcion)

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SAINT LOUIS UNIVERSITY

PLAINTIFF, by counsel, respectfully submits her Pre-Trial Brief, as

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

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

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. The Plaintiff seeks principally to RECOVER HER RIGHTFUL

2.2. The Defendant resists plaintiffs claims insisting that he is the

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.2. Subject to a concrete proposal for stipulation of additional facts

IV. ISSUES TO BE TRIED

4.2.1. Plaintiffs lack of colorable title over the contested

5.1. The Plaintiff intends to present the following witnesses:

5.1.3. JAIME ABELARDO, one of the named witnesses over the

5.2. The Plaintiff intends to present the following documentary

5.2.1. The TAX DECLARATION covering the contested property

5.2.2. The HOLOGRAPHIC WILL of the late Pedro Basa naming

5.2.3. A certified true copy of the LETTER OF

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, the Plaintiff

6.2. Subject, however, to a concrete and reasonable request for

JUSTICE CONCEPCION LAW OFFICE

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