Republic of the Philippines

Regional Trial Court

First Judicial Region
Branch 13
Baguio City
SPOUSES Mr. Tyrone Diaz
and Mrs. Susan Diaz

Plaintiffs,
-versusMr. Allyson Fangkingan and
REGISTER OF DEEDS,
BAGUIO CITY
Defendants.

Civil Case No. 101279-Q

For:
Cancellation of Deed of Sale

Page 1 of 4

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PRE-TRIAL BRIEF
Plaintiffs, SPOUSES TYRONE and SUSAN DIAZ through their
undersigned counsel unto this Honorable Court, hereby respectfully
submit this Pre-Trial Brief as follows

I.

AMICABLE SETTLEMENT

Plaintiff are open to the possibility of settling this matter amicably

under mutually acceptable and reasonable terms and are willing to have
this case submitted to any of the alternative modes of dispute
resolution as mandated by the Rules.

II.

SUMMARY OF ADMITTED
STIPULATION OF FACTS

FACTS

AND

PROPOSED

A. ADMITTED FACTS
1. Identity of the Plaintiffs and the Defendants.
2. Assessed value of the subject property.
B. PROPOSALS FOR ADMISSION and
STIPULATION OF FACTS

PROPOSED

1. The property covered by Katibayan ng Orihinal na Titulo

Blg. P-2412 is the property of the spouses Tyrone and
Susan Diaz.
2. The simulated deed of sale was constructed for the
purpose of evicting Mr. Abdul from the subject property.
3. Mrs. Susan Diaz, plaintiff did not sign nor participated in
the execution of the above deeds.
4. Plaintiff incurred expenses as a result of the filing of this
case.

III.

ISSUES TO BE TRIED OR RESOLVED

A. WHETHER OR NOT the subject Deed of Sale could be
annulled?
B. WHETHER OR NOT plaintiffs are entitled for damages?

IV.

EXHIBITS
1. Marked as Annex A; Katibayan ng Orihinal na Titulo Blg.
P-2412, this is to show that the subject property is owned
by Plaintiffs.
2. Marked as Annex B; Simulated Deed of Sale, to show that
the plaintiff has no intention to sell the property.
3. Marked as Annex C; Tax declaration, to show the
assessed value of the subject property.
Plaintiffs reserve the right to present other documents that
may be material during the Trial.

V.

DISCOVERY
PROCEDURES
COMMISSIONERS

OR

REFERRAL

TO

Plaintiffs intend to avail of all remedies available under the Rules

on discovery procedures such as request for Admissions of Facts
and exhibits depending on the results reached by the parties either
at the Mediation or Pre-Trial Conferences. Likewise, Plaintiffs
welcome the referral to any incidental that might arise in these
proceedings to Commissioners in order to aid the Court in the early
resolution of this case.

VI.

WINESS SUBSTANCE
TESTIMONY

AND

LENGTH

OF

THEIR

A. Plaintiff Tyrone Diaz He will testify and substantiate all

allegations of the complaint. He will identify some exhibits
listed herein and his testimony will take 1 hour or more
depending on objections that might be raised by the opposing
counsel during Trial.
B. Plaintiff Susan Diaz She will corroborate the testimony of
Tyrone Diaz. Her testimony will take 30 minutes.
C. Mr. Abdul He will testify that the property was leased to him
and that he was the subject of the simulated deed of sale for
eviction purpose only. His testimony shall take 30 minutes.

D. The plaintiffs reserve the right to present other witnesses if

and when material during the Trial.

VII.

TRIAL DATES
To be agreed upon during Pre-Trial
Baguio City, September 3, 2015.

Atty. Ace Vargas

Counsel for the Plaintiffs
PTR No. 078728 1/5/17 Baguio City
IBP No. 892145 1/5/17 Baguio City
Roll No. 32768 Manila
No. 26 Palispis Highway, Bakakeng Central,
Baguio City
MCLE Compliance No. III 0002134
Tel. No. (074) 444-4444 Cel. No. 0917-444-4444

Copy furnished:
Atty. Rhea Maguillao
Baguio City