Pre Trial Brief For The Defendant

REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT OF MATI

11TH JUDICIAL REGION
Mati City, Davao Oriental
SPS. BELINDA LIU and

HSI PIN LIU,
Plaintiffs,
-versus- Civil Case No. __________

FOR: Unlawful Detainer
MARCELINA ESPINOSA,
MARY ANN M. ESTRADA,
ARCHIE ASUMBRADO,
INESITA ASUMBRADO,
LORETO TUTOR,
ELIAS PENAS,
BENITA ABANTAO,
BASILIZA MARTIZANO,
ARMAN PARAS,
MIGUELITO M. ANTEGA,
JOVENTINO CAHULOGAN, and
TITO TUBAC,
Defendants.
x----------------------------------------------x
PRE-TRIAL BRIEF FOR THE DEFENDANT
DEFENDANTS, through the undersigned counsel and unto this

Honorable Court, most respectfully submit this Pre-Trial Brief, as follows:
A. STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE

SETTLEMENT, ALTERNATIVE DISPUTE RESOLUTION, INDICATING THE
DESIRED TERMS THEREOF.
Defendant are willing to enter into amicable settlement under such

acceptable terms and conditions which may be facilitated by the court-
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annexed mediation or Philippine Mediation Center (PMC) and/or through
the Judicial Dispute Resolution (JDR), if necessary.
B. STATEMENT OF FACTS
Defendants were in possession of a parcel of land located in

Barangay Santa Maria, Mati City, Davao Oriental and that the defendants'
occupation is not by tolerance of the plaintiffs but that they entered in
good faith believing that the land in question is part of public land, which
later on they discovered was already titled and the title was issued before
the land was declared disposable and alienable;
Defendants later then received a final letter of demand to vacate the

property which they refused to comply. Defendants, however, deny the
obligation to vacate because they were entitled to the possession and
occupation of the land for, they had been in possession of the same in the
concept of an owner for more than twenty years and they introduced
valuable improvements therein.
C. PROPOSED STIPULATION OF FACTS
The defendant admits or proposes the following:
1. That Defendants were in possession of their respective houses and lot

in the concept of an owner, not by tolerance of respondents nor by
respondents’ predecessors-in-interest.
2. That Defendants, who were in possession of their respective houses

and lot in the concept of an owner for more than 20 years and
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introduced valuable improvements therein, are by virtue of
prescription, entitled possession and occupation and has priority right
to apply for title of their respective lots.
3. That Defendants are being harassed through trespassing and

threatening and so, they are entitled to damages.
D. ISSUES TO BE RESOLVED IN THIS CASE
1. Whether or not Plaintiffs have the legal personality to file this

case;
2. Whether or not the Defendants are entitled to the possession of the

subject property;
3. Whether or not defendant suffered actual damages and other forms
of damages.
E. DOCUMENTARY EXHIBITS
Exhibit A: Decision of the Court of Appeals re case no. CA-G.R. CV No.

01640-MIN, to show that the title to the property of the plaintiffs was
declared null and void.
Exhibit B1: Judicial Affidavit of Marcelina Espinosa, to prove that the

defendant are the legal and lawful owners of the property and that will
Plaintiffs are liable for damages.
Exhibit B2: Judicial Affidavit of Mary Ann Estrada, to prove that the
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Exhibit B3: Judicial Affidavit of Archie Asumbrado, to prove that the
Exhibit B4: Judicial Affidavit of Inesita Asumbrado, to prove that the

Exhibit B5: Judicial Affidavit of Loreto Tutor, to prove that the defendant
are the legal and lawful owners of the property and that will Plaintiffs are
liable for damages.
Exhibit B6: Judicial Affidavit of Elias Penas, to prove that the defendant are
the legal and lawful owners of the property and that will Plaintiffs are liable
for damages.
Exhibit B7: Judicial Affidavit of Benita Abantao, to prove that the defendant
liable for damages.
Exhibit B8: Judicial Affidavit of Basiliza Martizano, to prove that the

Exhibit B9: Judicial Affidavit of Arman Paras, to prove that the defendant
liable for damages.
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Exhibit B10: Judicial Affidavit of Miguelito Antega, to prove that the
Exhibit B11: Judicial Affidavit of Joventino Cahulogan, to prove that the

Exhibit B12: Judicial Affidavit of Tito Tubac, to prove that the defendant are
for damages.
F. NUMBER AND NAMES OF WITNESSES AND SUBSTANCE OF THEIR

TESTIMONY
Marcelina Espinosa, witness will testify to prove that the defendant are the
legal and lawful owners of the property and that will Plaintiffs are liable for
damages.
Mary Ann Estrada, witness will testify to prove that the defendant are the
damages.
Archie Asumbrado, witness will testify to prove that the defendant are the
damages.
Inesita Asumbrado, witness will testify to prove that the defendant are the
damages.
5|Page
Loreto Tutor, witness will testify to prove that the defendant are the legal
and lawful owners of the property and that will Plaintiffs are liable for
damages.
Elias Penas, witness will testify to prove that the defendant are the legal
damages.
Benita Abantao, witness will testify to prove that the defendant are the
damages.
Basiliza Martizano, witness will testify to prove that the defendant are the
damages.
Arman Paras, witness will testify to prove that the defendant are the legal
damages.
Miguelito Antega, witness will testify to prove that the defendant are the
damages.
Joventino Cahulogan, witness will testify to prove that the defendant are
for damages.
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Tito Tubac, witness will testify to prove that the defendant are the legal and
lawful owners of the property and that will Plaintiffs are liable for damages.
F. APPLICABLE LAWS AND JURISPRUDENCE
1. Applicable provisions of the New Civil Code;
2. Revised Rules on Summary Procedure; and
3. Applicable jurisprudence issued by Supreme Court.
G. TRIAL DATES
Defendant suggests that in order to avoid conflict of schedules, the

trial dates be deliberated during the pre-trial conference where all the
parties are in attendance.
RESPECTFULLY SUBMITTED.
Tagum City, Davao del Norte, Philippines, October 10, 2020.
MANTILLA-ENGGING LAW OFFICE

Counsel for the Defendants
Pioneer Avenue, Tagum City
Tagum City, Davao del Norte
BY:
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ATTY. MARIO JUAN L. MOTAS, MPA
Devilleres-Motas-Mantilla-Engging Law Firm
Tagum City, Davao del Norte
IBP Lifetime Member No. 09066
Roll No. 0246810
PTR No. 2020202; 2-2-1997; Tagum City
TIN 349-592-341
Cellular Phone No. 09066809743
MCLE Compliance No. M-000034
Date Printed 01/01/1998
Valid until 01/01/1998
ATTY. RONNIE ENGGING

PTR No. 11352 – TAGUM CITY
IBP No. 0.71234, TAGUM CITY
Roll of Attorney’s No. 0221199
MCLE Compliance No. V-001, 08/01/97
TIN NO. 913-102-143
Contact Number (084)877-0222
Email address: [email protected]
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ATTY. JET LAWRENCE DEVILLERES
IBP No. 011423, TAGUM CITY
TIN NO. 924-553-193
ATTY. MARK JOBELLE MANTILLA

IBP No. 088822, TAGUM CITY
TIN NO. 903-502-616
NOTICE OF SUBMISSION
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ATTY. MARIA A. DELA CRUZ
Officer-in-charge
MUNICIPAL TRIAL COURT OF MATI
11TH JUDICIAL REGION
Mati City, Davao Oriental
GREETINGS!
Please submit the foregoing PRE-TRIAL BRIEF FOR THE DEFENDANT

for the approval of this Honorable Court upon receipt hereof without
further arguments and presence of Counsel.
COPY FURNISHED: (REGISTERED MAIL with return card)
ATTY. DAISY FELIZARDO

Counsel for the Plaintiff
Balingao-Cabrera-Ramos-Carulla-Felizardo Law Office
St. Mary’s Ave., Tagum City, Davao del Norte
_____________________________
Date: _______________________
CERTIFICATE OF SERVICE
10 | P a g e
This is to CERTIFY that a copy of this PRE-TRIAL BRIEF FOR THE
DEFENDANT was served to counsel for the Plaintiff via registered mail with
return card owing to the distance, lack of personnel, and it would be
expensive and inconvenient if served personally.
11 | P a g e

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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF MATI

SPS. BELINDA LIU and

-versus- Civil Case No. __________

PRE-TRIAL BRIEF FOR THE DEFENDANT

DEFENDANTS, through the undersigned counsel and unto this

A. STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE

Defendant are willing to enter into amicable settlement under such

Defendants were in possession of a parcel of land located in

Defendants later then received a final letter of demand to vacate the

C. PROPOSED STIPULATION OF FACTS

The defendant admits or proposes the following:

1. That Defendants were in possession of their respective houses and lot

2. That Defendants, who were in possession of their respective houses

3. That Defendants are being harassed through trespassing and

D. ISSUES TO BE RESOLVED IN THIS CASE

1. Whether or not Plaintiffs have the legal personality to file this

2. Whether or not the Defendants are entitled to the possession of the

Exhibit A: Decision of the Court of Appeals re case no. CA-G.R. CV No.

Exhibit B1: Judicial Affidavit of Marcelina Espinosa, to prove that the

Exhibit B4: Judicial Affidavit of Inesita Asumbrado, to prove that the

Exhibit B8: Judicial Affidavit of Basiliza Martizano, to prove that the

Exhibit B11: Judicial Affidavit of Joventino Cahulogan, to prove that the

F. NUMBER AND NAMES OF WITNESSES AND SUBSTANCE OF THEIR

F. APPLICABLE LAWS AND JURISPRUDENCE

1. Applicable provisions of the New Civil Code;

2. Revised Rules on Summary Procedure; and

3. Applicable jurisprudence issued by Supreme Court.

Defendant suggests that in order to avoid conflict of schedules, the

Tagum City, Davao del Norte, Philippines, October 10, 2020.

MANTILLA-ENGGING LAW OFFICE

ATTY. RONNIE ENGGING

ATTY. MARK JOBELLE MANTILLA

Please submit the foregoing PRE-TRIAL BRIEF FOR THE DEFENDANT

ATTY. JET LAWRENCE DEVILLERES

COPY FURNISHED: (REGISTERED MAIL with return card)

ATTY. DAISY FELIZARDO

ATTY. JET LAWRENCE DEVILLERES

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