Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 256, Taguig City
HEIRS OF ROBERT SY TAN-CO,
Represented by BRUCE WAYNE
Plaintiffs,
- versus -

Civil Case No. 12-345678

For: Declaratory Relief for
Quieting of Title and/or
to Remove Cloud Being
Cast Upon the

Ownership
of Residential Lot and
House and Damages
CLARK KENT AND LOIS LANE
Defendants.
x --------------------------------------------- x
PRE-TRIAL BRIEF OF PETITIONER
Plaintiffs, by counsel, to this Honorable Court most respectfully
submit this pre-trial brief and hereby aver, thus:
1. Brief Statement of Claims
A Lot No. 20 with an area of 1,000 square meters located at
Asylum Street, Gotham Arkham Subdivision, Barangay Metropolis,
Taguig City was supposed to have been sold to Clark Kent and Lois
Lane by the deceased, Robert Sy Tan-Co. However, a badge of
irregularity on the Deed of Absolute Sale is the incorrect spelling of
the last name of Robert Sy Tan-Co, a matter which could not have
happened because Robert is an accountant and a professor by
profession and can correctly spell his name. In fact, Robert never
executed a Deed of Absolute Sale in favor of Clark Kent and Lois
Lane and the signature of Robert appearing in the said document was
forged.
Moreover, the heirs of Robert Sy Tan-Co are the beneficiary of the
subject residential lot and house considering that the same was
conveyed to them in Roberts will.
2. Amicable Settlement or Alternative Modes of Dispute Resolution:
Plaintiffs are willing to enter into an amicable settlement under
fair, just and equitable terms. They are also willing to submit the case
to any of the alternative modes of dispute resolution.
3. Admitted Facts:
The admitted facts are as follows:

a. The plaintiffs admit that they are not in the possession of

the subject residential lot and house;
b. The plaintiffs admit that it was only about the early part
of 2016 that they learned about their rightful claim to the
subject property;
c. The defendants admit that there was a demand letter
coming from a counsel representing herein defendants.
The rest of allegations therein cannot be confirmed or denied by
herein plaintiffs for lack of knowledge or information sufficient to
form
a belief as to the truth or falsity of the same.
4. Proposed Stipulation of Facts:
Considering the admissions and denials made in the answer, and
considering that the stipulations plaintiff may propose outside the
admissions made in the answer are contentious or disputed issues,
they have no stipulations to propose at the moment.
5. ISSUES:
Plaintiffs hereby submits the following issue/s for trial and
subsequent resolution of this Honorable Court, viz:
a) Whether the heirs of Robert Sy Tan-Co are the true and absolute
owner of the parcels of land embraced in TCT No. 56789;
b) Whether the Deed of Absolute Sale with OCT No. JD-1998 in the
name of Clark Kent and Lois Lane, is void, fictitious, and nonexistent;
c) Whether the plaintiffs are entitled to recover from the defendants
the damages, attorneys fees and expenses of litigations claimed in
the complaint.
6. Documents or Exhibits to be Presented and their Purposes:
Plaintiffs will present as exhibits the transfer certificate title and
other documents attached to the complaint as Annexes A to D.
These exhibits will be formally marked as such during the
preliminary conference.
The aforementioned exhibits will be presented to prove the
material allegations of the complaint to which they pertain,
particularly the following: the ownership of the residential lot and
house embraced in TCT No. 56789 by the plaintiffs; history or origin
of the said lot and house; the defendants deed of absolute sale is void;
circumstances showing the nullity of defendants claim to the subject
lot and house; damages suffered by the plaintiff, and other related
matters.

Plaintiff reserves the right to present additional documents in

the course of the proceedings which they may deem fit and necessary
towards the successful litigation of their causes of action and subject
to the permission of the Court for good cause shown.
7. Availment of Discovery Procedure or Referral to Commissioners:
Plaintiff does not intend to avail of the discovery procedure or
referral to commissioners unless such a need arises in the course of
the proceedings.
8. Numbers and Names of Witnesses to be Presented and the
substance of their Testimonies:
Plaintiffs will present at least two (2) witnesses. The witnesses to
be presented are as follows, viz:
a. ATTY. TONY STARK; the Counsel of Robert Sy Tan-Co who
assisted him in the creation of his last will and testament, or his
representative;
b. A representative from the Register of Deeds of Taguig City;
c. PEPPER POTTS; Executive Secretary of Robert Sy Tan-Co for
fifteen (15) years in STC Corporation.
Said witnesses will prove the material allegations of the
complaint, and the admissibility of the documents or exhibits to be
presented by the plaintiffs.
Plaintiffs reserve the right to present additional and/or rebuttal
witnesses if necessary.
9. Applicable Laws and Jurisprudence
a. The pertinent provisions of the Civil Code of the Philippines,
particularly, on quieting of title and void or inexistent sales;
b. Other related procedural and substantive laws.
10. Available Trial Dates
The undersigned counsel shall make themselves available on the trial
dates agreed by the parties for complete presentation of evidence which must
be within a period from the first day of trial.
11. Submission of Judicial Pleadings
Herein plaintiffs would like to submit judicial pleadings which shall
constitute the direct testimony of plaintiffs witnesses subject to the crossexamination by defendants or their counsel in order to facilitate the early
disposition of the instant case.
MOST RESPECTFULLY SUBMITTED.

Taguig City, Metro Manila, 7 May 2016.

ATTY. JUSTINE WILMA DAGDAGAN
Counsel for the plaintiffs
Taguig City
IBP OR No.811389/ 09-01-13/ Taguig City Chapter
PTR No. 9876543/ 09-20-13/ Taguig City
Roll No. 47368
Copy furnished:
Atty. Steve Rogers
Counsel for Defendants
New York Street, Taguig City,
Metro Manila
Clark Kent
Smallville Street, Taguig City,
Metro Manila
Lois Lane
Smallville Street, Taguig City,
Metro Manila

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 256, Taguig City
IN RE: QUIETING OF TITLE OVER THE
PROPERTY COVERED BY TCT NO. 56789
SCA No. 1234
HEIRS OF ROBERT SY TAN-CO,
Represented by BRUCE WAYNE, Special
Administrator of the estate of the deceased
Plaintiffs,
CLARK KENT and LOIS LANE,
Defendants.
x -------------------------------------------------------- x
COMPLAINT TO QUIET TITLE
PLAINTIFF, by counsel, respectfully states that:
1. That he is the special administrator of the estate of the deceased, Robert
Sy Tan-Co;
2. That the deceased, during his lifetime, executed a certain Deed of
Absolute Sale of a piece of real estate in favor of the defendants, dated
September 1, 2006, and particularly described as follows, to wit:
A PARCEL OF LAND (Lot 20 of the consolidation-subdivision plan (LRC) Pcs-5141, being a
portion of the consolidation of Lots 1 and 2, Psu-112287 Amd., LRC (GLRO) Rec. No. N17511), situated in the Barangay Metropolis, City of Taguig, Metro Manila, Island of Luzon.
Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6 to 1 by Lot 30; on the SW.,
points 1 to 2, by Lot 31; and on the N., points 2 to 3 by Lot 35, all of the consolidationsubdivision plan. Beginning at a point marked "1" on plan, being N. 51 deg. 36' E., 1321.76 m.
from B.L.L.M. No.1, containing an area of ONE THOUSAND (1,000) SQUARE METERS more
or less, located inside Gotham Arkham Subdivision, city of Taguig, Metro Manila.

covered by TCT No. 56789 in the Register of Deeds in Taguig City. The
same is annotated on the title as the only encumbrance thereon.
3. That the said sale is forged and fictitious, and is therefore in truth and in
fact invalid;
4. That the existence of the said alleged deed of absolute sale is prejudicial
to the title of the lawful heirs of the deceased upon the above-described real
property;

5. That equity demands that the said deed of absolute sale be surrendered
and cancelled, as it is a cloud upon the title of the deceased and his lawful
heirs.
WHEREFORE, it is respectfully prayed that this Honorable Court render
judgment in the Estates favor by ordering the Deed of Absolute Sale
surrendered and cancelled; quieting title to the property owned by the
plaintiff and against the respondent; and granting costs of this action and
such other relief as the Court may deem proper.

ATTY. JUSTINE WILMA DAGDAGAN

Counsel for the plaintiff
Taguig City
IBP OR No.811389/ 09-01-13/ Taguig City Chapter
PTR No. 9876543/ 09-20-13/ Taguig City
Roll No. 47368