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    Pre Trial Brief Collado

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    May Anasco
    This document is a pre-trial brief submitted by the defendant Alfredo Collado in a civil case regarding the recovery of possession of a parcel of land. The defendant claims he has openly and continuously possessed the land even before the title was issued to the plaintiff Dominic Gutierrez. The main issue is whether the plaintiff is entitled to recover possession. The defendant and plaintiff will present witnesses. Certain facts such as ownership of the land are admitted. Applicable laws and jurisprudence will be discussed in a position paper.

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    Pre Trial Brief Collado

    Uploaded by

    May Anasco
    45 views2 pages
    This document is a pre-trial brief submitted by the defendant Alfredo Collado in a civil case regarding the recovery of possession of a parcel of land. The defendant claims he has openly and continuously possessed the land even before the title was issued to the plaintiff Dominic Gutierrez. The main issue is whether the plaintiff is entitled to recover possession. The defendant and plaintiff will present witnesses. Certain facts such as ownership of the land are admitted. Applicable laws and jurisprudence will be discussed in a position paper.

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    PRE TRIAL BRIEF COLLADO.docx

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    This document is a pre-trial brief submitted by the defendant Alfredo Collado in a civil case regarding the recovery of possession of a parcel of land. The defendant claims he has openly and continuously possessed the land even before the title was issued to the plaintiff Dominic Gutierrez. The main issue is whether the plaintiff is entitled to recover possession. The defendant and plaintiff will present witnesses. Certain facts such as ownership of the land are admitted. Applicable laws and jurisprudence will be discussed in a position paper.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    45 views2 pages

    Pre Trial Brief Collado

    Uploaded by

    May Anasco
    This document is a pre-trial brief submitted by the defendant Alfredo Collado in a civil case regarding the recovery of possession of a parcel of land. The defendant claims he has openly and continuously possessed the land even before the title was issued to the plaintiff Dominic Gutierrez. The main issue is whether the plaintiff is entitled to recover possession. The defendant and plaintiff will present witnesses. Certain facts such as ownership of the land are admitted. Applicable laws and jurisprudence will be discussed in a position paper.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    Branch 31
    Tagum City, Davao Del Norte

    DOMINIC V. GUTIERREZ CIVIL CASE NO. 1234-20


    Represented by DOMINADOR, FOR: RECOVERY OF POSSESSION
    L. GUTIRREZ Plaintiff, WITH PRELIMINARY MANDATORY
    INJUNCTION AND TEMPORARY
    -versus- RESTRAINING ORDER
    AND DAMAGES
    ALFREDO COLLADO,
    Defendant
    x- - - - - - - - - - - - - - - - -//

    PRE-TRIAL BRIEF DEFENDANT

    Comes now Defendant, assisted by the undersigned counsel unto this Honorable Court,
    respectfully submits this pre-trial brief, and alleges:

    BRIEF STATEMENT OF PLAINTIFF’S CLAIM

    The defendant ALFREDO COLLADO is in an open, continuous, exclusive, actual and


    notorious possession of lot known as lot 221-A with an area of EIGHTEEN
    THOUSAND TWO HUNDRED EIGHTY (18, 280) square meters, located at Barangay
    Magugpo West, Tagum City covered by Original Certificate of Title No. P-61499
    registered under the name of DOMINIC GUTIERREZ; and was cultivating the land even
    before the issuance of the said title in favor of the plaintiff.

    Due to the aforementioned facts, defendant was able to acquire the property through
    acquisitive prescription. Hence, the plaintiff is not entitled to the recovery of possession
    of the property.

    THE ISSUE:

    Whether the plaintiff is entitled to the recovery of possession of the property.

    WITNESSES

    The following witnesses shall testify:

    1. The defendant who will answer the allegations in the complaint.


    2. The plaintiff reserves the right to present other witnesses during trial as the
    need arises.

    ADMISSIONS
    1. The registered owner of lot 221-A with an area of EIGHTEEN THOUSAND
    TWO HUNDRED EIGHTY (18, 280) square meters. Located at Barangay
    Magugpo West, Tagum City covered by Original Certificate of Title No. P-61499
    is Dominic Gutierrez.

    2. The allegation that despite repeated demand by the plaintiff to vacate the parcel of
    land, defendant failed and/or refused to do so.

    3. The allegation that defendant continued and insisted the possession of the
    property.

    APPLICABLE LAWS AND JURISPRUDENCE-Laws and Supreme Court


    decisions to be discussed and amplified in a position paper.

    RESPECTFULLY SUBMITTED:

    Tagum City, Davao Del Norte, August 10, 2013.

    By:

    ALFREDO COLLADO
    Defendant

    Assisted by:

    ATTY. RUBY MAY BALINGGAO


    Counsel for the Defendant
    Balinggao-Cabrera-Ramos-Carulla-Felizardo Law Office
    St. Mary’s Ave., Tagum City, Davao del Norte
    PTR No. 14344 – TAGUM CITY
    IBP No. 062477, TAGUM CITY
    Roll of Attorney’s No. 08012020
    MCLE Compliance No. V-001, 08/01/19
    TIN NO. 020-202-143
    Contact Number (084)817-0367
    Email address: [email protected]

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