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Republic of the Philippines

REGIONAL TRIAL COURT OF PALAWAN


AND PUERTO PRINCESA CITY
Fourth Judicial Region
Puerto Princesa City
Branch 49
Heirs of SPS. CATALINO BAGALAY &
BASILIA MARTINEZ, namely
AGUSTIN BAGALAY, JESUSIMO
BAGALAY, PEDRO BAGALAY, SILVESTRA B. ARZAGA, LAURIANA B.
SABAN, PONCIANA B. MANLAVI, JOVITA
B. TABANGAY, DIONISIA B. BUA AND
JOSEFA B. RODRIGUEZ AND MILA
BADAJOS Rep. by ROGELIO B. RADOC,
Plaintiffs,

CIVIL CASE NO. 4651

Fo r :
- versus -

RECOVERY OF POSSESSION
WITH DAMAGES

SPS. PACIFICO GADIANO AND


JOSEPHINE GADIANO,
Defendants.
x-----------------x
PLAINTIFFS PRE-TRIAL BRIEF
PLAINTIFFS, through the undersigned counsel unto this Honorable Court respectfully
allege that:

I.

POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiffs are open to enter into with the defendants reasonable settlement and willing to
alternative modes of dispute resolution whenever available. In this regard, plaintiffs are
amenable to agree for a common surveyor that will conduct survey on the lot/s involved in this
case and also willing to bind themselves to agree, respect, obey, abide and accept the outcome
of the survey, for the early settlement and termination of this case.
II.

SUMMARY OF FACTS

Plaintiffs are the heirs of late spouses Catalino Bagalay and Basilisa Martinez of
Barangay Rizal, Magsaysay, Palawan to whom they inherited a parcel of land denominated as
Lot No. 5527. The ownership of Catalino Bagalay over the said land is evidence by Decree No.
691718 dated December 13, 1938. In April 2006 a boundary dispute arises and a demand to
vacate was made by the plaintiffs but defendants refused to vacate the said parcel of land
consistently claiming that the parcel of land they were occupying is Lot No. 5529 and not Lot
No. 5527 and that they bought the Lot No. 5529 from their uncle Domingo Gacot. An ejectment
case was filed but it was dismissed without prejudiced to the filing of and accion publiciana or
accion reinvindicatoria. In November 2009 after the survey by Engr. Ronilo Liao, a Geodetic

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Engineer, it was confirmed and certified by the said engineer that a portion of plaintiffs parcel of
land is being occupied the herein defendants. On July 14, 2010 a demand letter was send to the
defendants but they still refuse to peacefully vacate the property. Thus, this complaint for
recovery of possession was filed.
III.

PROPOSED STIPULATION OF FACTS

Plaintiffs acquired Lot No. 5527, through intestate succession, from the spouses
Catalino Bagalay and Basilisa Martinez they being the heirs of the latter.

Spouses Catalino Bagalay and Basilisa Martinez is an adjudicatee of Lot No. 5527
while Domingo Gacot is adjudicatee of Lot No. 5529.

Plaintiffs predecessors in interest had been in open, public, continuous, notorious


possession of Lot No. 5527 long before it was adjudicated to them in 1938;

That on December 13, 1938 Decree No. 691718 was issued by the Court of First
Instance of Palawan over Cadastral Lot No. 5527 in favor of spouses Catalino
Bagalay and Basilisa Martinez;

Lot No. 5527 was declared for Taxation purposes by Basilisa Martinez.

Defendant-spouses have never cause for a relocation or verification survey over the
portion occupied by them since 1983 when they allegedly enter the property subject
of this case and even up to the present.

That defendants during the preliminary conference at the Municipal Circuit Trial court
of Cuyo-Agutaya-Magsaysay and even at to the present refuse to agree to a
common Geodetic Engineer that will conduct actual survey of Lot No. 5527 and Lot
5529 for the early settlement of the case.

That there is an existing concrete monument between the lots occupied by the heirs
of Sulpicio Gacot and Cesar Bagalay Saban.

The from the existing concrete monument delineating the lots occupied by heirs of
Sulpicio Gacot and Cesar Bagalay Saban going western portion of the lot occupied
by Sulpicio Gacot heirs and the lot occupied by the defendants, the next existing
concrete monument is situated on the westernmost portion of Lot No. 5527.

10 That the lot occupied by defendants and heirs of Sulpicio Gacot were inside the
existing concrete monuments from the westernmost portion of Lot 5527 and the
concrete monument delineating the lot occupied by Sulpicio Gacot heirs and Cesar
Bagalay Saban.
11 Defendants or its predecessors in interest did not assert any claim of ownership or
possession over Lot No. 5527 since time immemorial.
12 That plaintiff is entitled to actual damages, moral and exemplary damages, attorneys
fee and expenses of litigation.
IV.

ISSUES

Whether or not the portion of lot presently occupied by the defendants form part of
the lot (No. 5527) claimed and adjudicated to spouses Catalino Bagalay and Basilisa
Martinez?

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Whether or not plaintiffs, as heirs of spouses Catalino Bagalay and Basilisa Martinez,
are entitled to recover possession of the portion of Lot 5527 unlawfully occupied by
the defendants?

Whether or not the plaintiffs are entitled to the relief prayed for?

V.

PLAINTIFFS EVIDENCE

Documentary
a

Special Power of Attorney of Agustin Bagalay et. al.

Special Power of Attorney of Dionisia Gabua et. al.,

Special Power of attorney of Mila Badajos

Decree No. 691718

Tax Declaration No. 11-1167-A

Certification of Geodetic Engineer Ronilo J. Liao

Relocation/Verification Plan

Nonetheless, the plaintiffs reserve the right to present other exhibits as may be
necessary in the course of the proceedings.
Testimonial
a

Plaintiffs-to testify on matters alleged in the Complaint and other relevant


matters in this case.

Geodetic Engineer Ronilo J. Liao- to testify on the actual survey conducted


by him and to substantiate the contents of the Certificate he issued in relation
thereto.

Clerk of Court of MCTC Cuyo-Agutaya-Magsaysay Carmenchita Baloco- to


testify on Decree No. 691718 and available records in their office.

Municipal Assessors Officer of the Municiality of Magsaysay- to testify on


actual location of the parcel of land/s involved in this case and on the records
available in their office

Plaintiffs, however, reserves the right to present other witnesses as may be


necessary in the course of the proceedings.

VI.

APPLICABLE LAWS AND JURISPRUDENCE


1

Provisions of the Civil Code of the Philippines

Revised Rules of Procedure

Other laws deemed applicable

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VII.

TIME NEEDED FOR TRIAL


Plaintiffs need at least five (5) trial dates/hearing to present their witnesses. Trial
dates available to both parties and agreed upon during the pre-trial conference.

Respectfully submitted.
Puerto Princesa City, August 9, 2011.

ARNEL B. VENTURILLO
Counsel for the Plaintiff
64 Fernandez Extension, Puerto Princesa City
IBP No. 818324; 01/11/11; Palawan
PTR No. 6098701; 01/11/1; Palawan
MCLE Compliance No. II-0015820
Attorneys Roll 45326

Copy furnished:
Atty Liezeil L. Zabanal
Unit 11, 2nd Flr., Capitol Commercial Complex
Fernandez St., Puerto Princesa City

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