Republic of the Philippines

Regional Trial Court

5th Judicial Region
Branch 57
Libmanan, Camarines Sur

NATIONAL TRANSMISSION CORPORATION

Plaintiff
Special Civil Action L-15-01
-versus- for: Expropriation

MARYJANE T. SANDAGON
Defendant
x-----------------------------------------x

PRE-TRIAL BRIEF

Defendant MARYJANE T. SANDAGON, by counsel, respectfully submits this

Pre-Trial Brief which contains the following averments:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

a. Defendant is open to settling this dispute amicably, subject to a

concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from defendant, being in line with
applicable laws and jurisprudence;

b. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff

respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of amount due and
owing to plaintiff and, second, a schedule of payments.
II. ADMISSIONS TO PROPOSAL FOR STIPULATION

a. Defendant admits items no. 1, 2, 5, 6, of the Proposal for Stipulation

of Plaintiff;

III. ISSUES

a. Whether nor not the construction started in 1978 and not in 1987;
b. Whether nor not there has been an offer to purchase subject lot
made by Plaintiff and were such offer received by Plaintiff;
c. Assuming without Admitting that there has been an offer to
purchase, the amount due as just compensation;
d. Whether the whole portion of 7,236 square meters need to be paid;
e. Whether the alleged Right of way is valid despite the absence of the
total payment of the subject land;

IV. DOCUMENTS TO BE PRESENTED

a. TCT Title 15035

b. Pictures
c. Other documents as may be necessary to prove just compensation;

V. DISCOVERY PROCEDURES

a. Defendant manifests her intention to avail of discovery procedures

or referral to commissioners which is necessary in this case;

VI. APPLICABLE LAW AND JURISPRUDENCE

a. Republic vs CA, G.R. No. 160379, August 14, 2009

b. Manila International Airport Authority v. Rodriguez, 518 Phil. 750,
757 (2006).
c. Secretary of DPWH vs Sps. Heracleo, G.R. No. 179334 , July 1, 2013
 VII. WITNESSES

a. Defendant Maryjane T. Sandagon

b. Gregoria T. Sandagon
c. An independent Real Estate Developer/Agent
d. And such other witnesses as may necessary

VIII. AVAILABLE TRIAL DATES

a. September 5, 12, 19 and 26 or as may be agreed upon by the parties

and approved by this Honorable Court

RESPECTFULLY SUBMITTED.

Naga City, for Libmanann, Camarines Sur, Philippines. June 29, 2016

ESPERIDION R. SOLANO
Counsel for Defendant
MCLE V-00062926/ 3/13/15
Roll No. 32185
IBP Number 0991440/ 11/12/15
PTR No. 1435125 1/13/16
68 Azucena St., Naga City Subd., N.C.
0920-918-1628

Copy furnished:

NOEL Z. DE LEON
Counsel for the Plaintiff
Manager-Litigation Department
National Transmission Corporation
Transco Main Building, Quezon Avenue
Cor. BRI Road, Diliman, 1128, Quezon City
(02) 902-1500

EXPLANATION

The foregoing pre-trial brief is being filed and served by registered mail,
personal service not being practicable due to distance and lack or manpower.

ESPERIDION R. SOLANO