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Republic of the Philippines


REGIONAL TRIAL COURT
Branch VIII
8th Judicial Region
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

MICHAEL F. GIDAL,
Plaintiff,
Civil Case No. 95-87390
-versus- For: Annulment of Title, Reconveyance,
and Damages
DOMINADOR T. CASTRO and
THE REGISTER OF DEEDS OF
TACLOBAN CITY,
Defendants.
x----------------------x

PRE-TRIAL BRIEF FOR PLAINTIFF

Plaintiff by counsel most respectfully submits the fore-going pre-trial brief pursuant to
the order of this Honorable Court dated August 17, 1996, a copy of which was received on
August 31, 1996, and alleges the following:

1. Willingness to Enter into Amicable Settlement

Plaintiff is willing to enter into amicable settlement or compromise under the following
terms: Private defendant may retain the property and title over the same provided the
plaintiff be paid by the former the actual market value of the said property plus the value of
improvements on the same made by the latter.

2. Alternative Modes of Dispute Resolution

Plaintiff is willing to submit himself to mediation and other alternative modes of dispute
resolution.

3. Brief Statement of Plaintiffs Claim

Private defendant, being a compulsory heir of the deceased spouses Carmen Dioso
who died on January 11, 1987, Annex E, and Pio Castro who died on March 2, 1989,
Annex F, caused the cancellation of TCT No. T-16845 registered in the names of said
spouses, Annex C, through false pretense, deceit, and trickery, and the issuance of a
new certificate of title in his name, TCT No. T-991278. Lot 19, Block 15, Psd-12345, with
an area of five hundred thirty three (533) sq. m. with improvements thereon, covered by
the aforementioned title, was devised to plaintiff as evidenced by a Last Will and
Testament dated December 24, 1975 executed by the deceased Carmen Dioso. Private
defendant took away all the documents, papers, and money contained in a steel cabinet
all belonging to plaintiffs mother Rosario Legaspi. This case seeks the annulment of TCT
No. T-991278, reconveyance of the land covered by said title, plus damages in the
amount of one million pesos (P1,000,000.00) and attorneys fees.

4. Witnesses to be Presented

a. Michael F. Gidal
b. Atty. Alex S. Siruelo
c. Emilio P. Sua-an
d. Andres M. Labitoria
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5. Abstract of Witnesses Testimonies

Witnesses will testify on the averments of the complaint and identify exhibits. Each
witness needs at least one (1) hour to testify on direct examination. Three (3) trial dates
are recommended for presentation of plaintiffs evidence.

6. Documents to be Presented

a. Exhibit A Certificate of Live Birth of plaintiff Michael F. Gidal born on


September 23, 1960 of parents Jose Gidal and Rosario Legaspi;

b. Exhibit B Marriage Contract between Pio Castro and Carmen Dioso dated
January 18, 1958 celebrated by Judge George Valente;

c. Exhibit C TCT No. T-16845, Registry of Deeds of Tacloban City, involving Lot
19, Block 15, Psd-12345 with an area of 533 sq. m., in the names of spouses
Pio Castro and Carmen Dioso, entered on June 15, 1965;

d. Exhibit D Tax Declaration No. 54321 (1970) in the names of Pio Castro and
Carmen Dioso;

e. Exhibit E Certificate of Death of Pio Castro who died on March 2, 1989;


Carmen Dioso who died on January 11, 1987;

f. Exhibit F Last Will and Testament dated April 20, 1982 executed by testatrix
Carmen Dioso devising to plaintiff all rights, shares, and interest pertaining to
her share in the conjugal property, consisting of one residential lot including Lot
19, Block 15, Psd-12345 with an area of 533 sq. m.;

g. Exhibit G TCT No. T-991278, Registry of Deeds of Tacloban City in the name
of private defendant, cancelling TCT No. T-1686, entered on November 2, 1990;

h. Exhibit H complaint dated august 5, 1991 in Civil Case No. 91-7890, MTC,
Tacloban City, Branch 1, entitled Dominador T. Castro vs. Michael D. Gidal for
Unlawful Detainer consisting of five (5) pages;

i. Exhibit I Decision dated March 2, 1992 in Civil Case No. 91-7890, MTC,
Tacloban City, Branch 1, consisting of seven (7) pages;

j. Exhibit J General Power of Attorney dated April 21, 1990 by principal Michael
F. Gidal in favor of Attorney-in-Fact Pablito Varona;

k. Exhibit K Certification dated May 30, 1991 by notary Public Hector Arzega that
Exhibit J is authentic;

l. Exhibit L Special Power of Attorney dated July 17, 1990 by private defendant
Dominador T. Castro consisting of two (2) pages;

m. Exhibit M Decision dated December 10, 1990 in Special Proceedings No.


5155-T, RTC, Tacloban City, Branch 7, appointing Hector Arzega and Pacita
Arzega as guardians of the person and properties of plaintiff Michael F. Gidal,
consisting of eight (8) pages;

n. Exhibit N Decision dated September 3, 1980 in special Proceedings No. 80-


1489, RTC, Tacloban City, Branch 5, granting Petition for Adoption of minor
Michael F. Gidal, consisting of eight (8) pages.

7. Admissions

None.
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8. Applicable Laws and Jurisprudence

Laws and Supreme Court decisions and annulment of title in the new Civil Code to be
discussed and amplified in a written memorandum.

9. Statement of the Issues

a. Whether or not TCT No. T-991278 in the mane of private defendant cancelling
TCT No. T-16845 in the names of spouses Carmen Dioso and Pio Castro may
be legally annulled and cancelled and a new one issued in the name of plaintiff
involving the lot in question;

b. Whether or not Lot 19, Block 15, Psd-12345 may be ordered reconveyed in
favor of the plaintiff;

c. Whether or not plaintiff is entitled to the damages sought for incidental


expenses and attorneys fees.

10. Available Trial Dates

February 6, 13, 20, and 27, 1997.

January 16, 1997. Tacloban City, Leyte, Philippines.

ATTY. HOSPICIO A. GUEVARRA


Counsel for the Plaintiff
Until 12-31-97
IBP No. 559647 / 04-19-90 / Manila
PTR No. 3252997 / 05-07-97 / Tacloban
Roll No. 6207

COPY FURNISHED:

ATTY. ROBERT A. REYES


Counsel for the Defendant
Reyes Law Office
No. 9-A, Real Street, Tacloban City, Leyte / BY PERSONAL SERVICE