Republic of the Philippines

MUNICIPAL TRIAL COURT

City of Bacolod
Branch 7

RICO V. SUABE
Plaintiff,

-versus- Civil Case No. 001-2018

For: Unlawful Detainer

JONA B. TAN
Defendant.
x----------------------------x

PLAINTIFF’S PRE-TRIAL BRIEF

COMES NOW, the PLAINTIFF, through the counsel and unto this
Honorable Court, most respectfully submits his Pre-Trial brief pursuant to the
order of the Court and avers:

I.

PLAINTIFF IS WILLING TO ENTER INTO POSSIBLE AMICABLE SETTLEMENT AND

ALSO TERMS OF ANY SUCH SETTLEMENT

1. Plaintiff is willing and open to settling this dispute amicably, with

condition to a concrete proposal that is fair and reasonable and a
reciprocal manifestation of openness from defendant.

II.

ADMISSIONS TO THE STIPULATION OF FACTS

Plaintiff admits the facts herein presented:

1. Defendant is in physical/actual possession of the subject property;

2. When the defendant even after several and repeated defendant
failed to pay the agreed rental from September 2017 until the
commencement of action and up to the present and is continuously
occupying the same although he failed to renew the contract of
lease. The defendant still continues to illegally occupy the subject
property even such action of the Plaintiff;
 3. The plaintiff now institute this action for unlawful detainer for the
continued possession by the defendant of the subject property is
prejudicial to the rights of the plaintiff.

III.
FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Plaintiff admits the personal circumstances of the parties as stated in

the compliant and answer.

2. Plaintiff further admits the facts stated in his complaint only.

IV.

ISSUES TO BE CONSIDERED IN TRIAL

1. Whether or not defendant be ejected from the subject property.

V.

EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

1. Exhibit A- A machine copy of the Deed of Sale between the Plaintiff

and John D Sevilla on February 14, 2018.
2. Exhibit B – A machine copy of the Brgy. Summons dated 29
October 2017.
3. Exhibit C- Demand letters by the plaintiff to the defendant.
4. Exhibit D- Contract of lease between Plaintiff and Defendant.

The plaintiff reserves his right to present other documents not herein
listed as may be deemed necessary.

IV

WITNESSES TO BE PRESENTED DURING THE TRIAL

1. The Seller of property in issue– to testify that property was in deed sold
to the Plaintiff;

2. The Plaintiff himself- to testify regarding the unlawful continued

possession by the defendant of the subject property;

3. Defendant reserves the right to present other witnesses not herein

enumerated as deemed necessary.
 V

AVAILABILABILTY OF TRIAL DATES

The plaintiff would depend on the dates agreed by the parties upon
during the pre-trial.

RESPECTFULLY SUBMITTED.

Bacolod City, March 10, 2018.

ATTY. GEORGE S. CADAYDAY

Counsel for Plaintiff
Don Juan Bldg., Bacolod City, Philippines
IBP No. 2266-2016
PTR No. 33346
ROLL No. 45999
MCLE No. 4477, September 11, 2016

CC: TACAISAN LAW OFFICE

Locsin St., Bacolod City

EXPLANATION NOTE

The above Pre-Trial Brief was not served personally to the plaintiff’s
counsel, and service by registered mail was restored due to distance and time
constraints and for lack of the undersigned‘s office personnel thereby
rendering personnel service thereof inconvenient and impracticable.

ATTY. GEORGE S. CADAYDAY