Republic of the Philippines

7th Judicial Region

REGIONAL TRIAL COURT
Minglanilla, Metro Cebu

SPS. DANIEL V. TORION &

MERIAM G. TORION,
Plaintiffs,

-versus- CIVIL Case No. 16-14

FOR: FORCIBLE ENTRY/EJECTMENT,
DAMAGES AND ATTORNEY’S FEES
LUZVIMINDA PENAFORT,
Defendant.
x--------------------------------------------------/

PRE-TRIAL BRIEF

DEFENDANT, Luzviminda Penafort, through the undersigned

counsel unto this Honorable Court, most respectfully submits this Pre-
trial Brief and states that:

A. WILLINGNESS TO ENTER INTO A

COMPROMISE AGREEMENT

Defendant is amenable to any amicable settlement acceptable to

both parties and willingly submits herself to any modes of dispute
resolution including Judicial Dispute Resolution.

B. AMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

Defendant has no admissions except those stated in her Answer.

The following are the proposed stipulation of facts:

1. The Tax Declarations relied upon by plaintiffs, particularly TD No.

28-0011-13037 (Lot No. 10698), TD No. 28-0011-34695 (Lot No.
10697, TD No. 28-0011-13039 (Lot No. 10697) are registered
under the name: Republic of the Philippines, applied by Torion,
Daniel V. m/to Torion, Miriam G.

2. Under TD No. 28-0011-13037 (Lot No. 10698), TD No. 28-0011-

34695 (Lot No. 10697 and TD No. 28-0011-13039 (Lot No.
10697), the said lots are located in Barangay Linao, Minglanilla,
Cebu.

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 3. Defendant Penñ afort is in actual and physical possession of Lot Nos.
10693, 10639 and 10697.

C. ISSUES TO BE TRIED OR RESOLVED

I. Whether the case should be dismissed outright as plaintiffs have

no cause of action against defendant.

II. Whether the case should be dismissed outright as plaintiffs have

no legal standing to sue and that the case was not brought by or
against the real party in interest, the Republic of the Philippines,
but by plaintiffs in their private capacity.

III. Whether it is the plaintiffs or defendants who have a better to

possess the property.

IV. Whether plaintiffs are guilty of deliberate and willful forum

shopping.

V. Whether plaintiffs are entitled to the damages prayed for.

VI. Whether defendant is entitled to her counter-claims.

D. DOCUMENTS TO BE PRESENTED
AND THE PURPOSE THEREOF

Defendant intends to present the following documentary evidence

with a statement of the purpose of their offer:

EXHIBIT DESCRIPTION PURPOSE

1 Tax Dec No. 28-0014-50951 (Lot No. To prove that defendant has
10698) registered under the name of the right to possess the
the Republic of the Philippines applied litigated properties
by Luzviminda Penafort

2 Tax Dec No. 028-0014-50955 (Lot No. To prove that defendant has
10693) registered under the name of the right to possess the
the Republic of the Philippines applied litigated properties
by Luzviminda Penafort

3 Tax Dec No. 028-0014-5049/46707 To prove that defendant has

(Lot No. 10697) registered under the the right to possess the
name of the Republic of the Philippines litigated properties
applied by Luzviminda Penafort

4 DENR Certification that the land is To prove that the real owner of
owned by the Republic of the the properties is the Republic

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 Philippines under Friar Lands Estate of the Philippines and plaintiffs
are just mere applicant thereof

5 Application to Purchase for Lot No. To prove that defendant has

10698 duly received by CENRO Cebu the right to possess the
City on October 15, 2015 litigated properties and that
she has an Application to
Purchase the land

6 Application to Purchase for Lot No. To prove that defendant has

10639 duly received by CENRO Cebu the right to possess the
City on 15 October 2015 litigated properties and that
she has an Application to
Purchase the land

7 Application to Purchase for Lot No. To prove that defendant has

10697 duly received by CENRO Cebu the right to possess the
City on October 15, 2015 litigated properties and that
she has an Application to
Purchase the land

8 Tax Dec No. 28-0011-13037 (Lot No. To prove that the real owner of
10698) registered under the name of the properties is the Republic
the Republic of the Philippines, applied of the Philippines and not
by Daniel V. Torion plaintiffs

9 Tax Dec No. 28-0011-34695 Lot No. To prove that the real owner of
10693) registered under the name of the properties is the Republic
the Republic of the Philippines, applied of the Philippines and not
by Daniel V. Torion plaintiffs

10 Tax Dec No. 28-0011-13039 Lot No. To prove that the real owner of
10697) registered under the name of the properties is the Republic
the Republic of the Philippines , applied of the Philippines and not
by Daniel V. Torion plaintiffs

11 Tax Clearance for Lot No. 10698 issued To prove that the real owner of
on January 19, 2016 under its declared the properties is the Republic
owner Republic of the Philippines of the Philippines

12 Tax Clearance for Lot No. 10693 issued To prove that the real owner of
on January 19, 2016 under its declared the properties is the Republic
owner Republic of the Philippines of the Philippines

13 Tax Clearance for Lot No. 10697 issued To prove that the real owner of
on January 19, 2016 under its declared the properties is the Republic
owner Republic of the Philippines of the Philippines

14 Application to Purchase Friar Lands To prove that defendant has

duly received by CENRO Cebu City only the right to possess the
on September 26, 2016 for Lot No. litigated properties and that
10698 defendant’s Application to
Purchase the land is prior to

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14-A Accomplished proforma Application to
purchase Friar Lands duly received by
CENRO Cebu City only on September
26, 2016 for Lot No. 10698
15 Application to Purchase Friar Lands
duly received by CENRO Cebu City only
on September 26, 2016 for Lot No.
10693
15 Accomplished proforma Application to
purchase Friar Lands duly received by
CENRO Cebu City only on September
26, 2016 for Lot No. 10693
16 Application to Purchase Friar Lands
duly received by CENRO Cebu City only
on September 26, 2016 for Lot No.
10697
16-A Accomplished proforma Application to
purchase Friar Lands duly received by
CENRO Cebu City only on September
26, 2016 for Lot No. 10697
17 Complaint filed before the Regional
Trial Court- Branch 65 Talisay City,
Cebu docketed as Civil Case No. TCV-
20170-210 for Cancellation of Tax
Declaration, Damages and Attorney’s
Fees entitled “ Sps. Daniel V. Torion &
Meriam G. Torion versus Luzviminda
Penafort and Office of the Municipal
Assessor-Minglanilla”
Defendant reserves the right to present additional documentary
and/or object evidence in the interest of justice as may be deemed
necessary during the trial.
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that of plaintiffs application
To prove that defendant has
the right to possess the
litigated properties and that
defendant’s Application to
Purchase the land is prior to
that of plaintiffs application
To prove that defendant has
the right to possess the
litigated properties and that
defendant’s Application to
Purchase the land is prior to
that of plaintiffs application
To prove that defendant has
the right to possess the
litigated properties and that
defendant’s Application to
Purchase the land is prior to
that of plaintiffs application
To prove that defendant has
the right to possess the
litigated properties and that
defendant’s Application to
Purchase the land is prior to
that of plaintiffs application
To prove that defendant has
the right to possess the
litigated properties and that
defendant’s Application to
Purchase the land is prior to
that of plaintiffs application
To prove that plaintiffs are
guilty of deliberate and willful
forum shopping which
warrants the dismissal of the
instant case
E. MANIFESTATION TO AVAIL OF
DISCOVERY PROCEDURES OR
REFERRAL TO COMMISSIONERS

Defendant is willing to avail herself of any of the discovery

procedures or referral to commissioners.

F. WITNESSES AND SUBSTANCE OF THEIR

1. Defendant herself, Luzviminda Penafort, will testify that she is

the legal possessor of the litigated land and other matters
appurtenant thereto; and

2. The Municipal Assessor of Minglanilla, Cebu, will testify that

the Tax Declarations issued to defendant were validly and
legally issued to her which gives her the right to legally possess
the land and other matters appurtenant thereto.

Defendant reserves the right to present additional witnesses in

the interest of justice as may be deemed necessary during the trial.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable

Court to note and admit this Pre-trial Brief as part of the records of the
case.

Most respectfully submitted.

Cebu City for Minglanilla, Cebu. 24 July 2017.

LLEWELYN P. MENCHAVEZ-PORTA
Roll of Attorney No. 57391
2nd Flr. WDC Bldg., P. Burgos & Osmena Blvd. Cebu City
0922-6508158/ llewelyn_menchavez@yahoo.com

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 IBP No. 1059365; 02-22-2017; Cebu City
PTR No. 14436166; 02-22-17; Cebu
MCLE V-0005686; 01-20-2015

Copy furnished:

Atty. Paulino B. Labrado

Room 202, 2nd Flr., Aniceta Bldg
Osmena Blvd., Capitol Site
Cebu City 6000

Explanation: A copy of the foregoing Pre-Trial Brief was furnished to the opposing
counsel by registered mail due to distance constraints and lack of office
personnel to effect personal service.

LLEWELYN P. MENCHAVEZ-PORTA

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