Republic of the Philippines

Eleventh Judicial Region

2ND MUNICIPAL CIRCUIT TRIAL COURT
OF MALUNGON-ALABEL
Alabel, Sarangani Province

SPS. TERESITA & PEDRO NEBRES, CIVIL CASE NO. 17-197-A

Plaintiffs,
-versus- -for-

MACARIA NEBRES ALSA and RECOVERY OF POSSESSION,

EDEN BODEGAS, DAMAGES and ATTORNEY’S
Defendants. FEES
X----------------------X

PRE-TRIAL BRIEF FOR PLAINTIFFS

ABOVE-NAMED PLAINTIFFS, through counsel and unto this

Honorable Court, most respectfully submit their pre-trial brief in
connection with the above-entitled case, to wit;

STATEMENT OF PARTIES’ CLAIM

Sometime in the year 1969, plaintiff Pedro Nebres acquired Lot

No. 77, Bsd-20321 containing an area of six hundred (600) square
meters parcel of land located in Dagohoy St., Purok 5 (Cogonal),
Barangay Poblacion, Alabel, Sarangani Province which is referred as
subject parcel of land in the instant case. Plaintiff Pedro Nebres
declared the same for taxation purposes and since then he has
religiously paid the real property tax of the same. The subject parcel
of land has an assessed value of Ten Thousand Nine Hundred Twenty
Pesos (P10,920.00).

In 1976, plaintiff Pedro Nebres allowed his sister, herein

defendant Macaria Nebres Alsa, to construct a hut within the subject
parcel of land for dwelling purposes. In 1981, plaintiff Pedro Nebres
married plaintiff Teresita Nebres, and as a consequence, the subject
parcel of land became a conjugal property of the plaintiffs. Thereafter,
the plaintiffs built their conjugal dwelling on the subject parcel of land.
Thus, herein plaintiffs and defendant Macaria Nebres Alsa lived
together in the subject parcel of land.

Pre-Trial Brief for Plaintiff

Ugos vs Sps. Buhat
Civil Case No. 18-126/Forcible Entry, Damages and Attys. Fees
Page 4 of 4
 In 1985, plaintiffs transferred their residence, however, prior to
their transfer plaintiffs made clear to defendant that defendant’s
possession was only temporary and eventually plaintiff would demand
the possession of the same. Plaintiffs even prohibited defendant to
construct concrete and permanent structures which the defendant
understood and agreed.

However, in 2010, when plaintiffs decided to return to the

subject parcel of land and asked the defendant to vacate, defendant
refused. Defendant even sold a portion of the subject parcel of land to
defendant Eden Bodegas.

Despite repeated demands to vacate the subject parcel of land,

defendants still refused to vacate the same. Thus, the plaintiffs were
constrained to refer the conflict to the Katarungang Pambarangay but
still no conciliation.

Hence, this complaint.

PROPOSED ADMISSIONS AND STIPULATIONS

1. Personal circumstances of the parties.

2. Jurisdiction of the Honorable Court over the subject matter of

the case.

3. Complaint for recovery of possession was brought by plaintiffs

before the Barangay on September 29, 2015, October 01, 2015
and October 09, 2015.

4. During the proceedings before the Brgy., plaintiffs demanded

that defendants vacate the land and relinquish possession
therefore in favour of petitioners.

5. Stay of the defendants on the subject parcel of land was

authorized by plaintiffs.

6. Existence and contents of the Certfication of Realty Taxes of the

estate/property/ies declared in the name of Pedro Nebresj

7. Existence and contents of the Certificate to File Action.

8. Existence and Contents of the Application for Free Patent.

Pre-Trial Brief for Plaintiff
Ugos vs Sps. Buhat
Civil Case No. 18-126/Forcible Entry, Damages and Attys. Fees
Page 4 of 4
 STATEMENT OF THE ISSUE/S

1. Whether or not, the plaintiffs are entitled to the recovery of

possession of Lot No. 77, Bsd-20321, containing an area of
Six Hundred (600) square meters situated at Dagohoy St.,
Purok 5 (Cogonal), Barangay Poblacion, Alabel, Sarangani
Province.

2. Whether or not plaintiffs are entitled to damages and

attorney’s fees.

NUMBER OF WITNESSES TO BE PRESENTED

The Plaintiffs will be presented. Each witness will testify for not
more than thirty (30) minutes during the direct examination;

Additional five (5) more witnesses who are being convinced and
negotiated to testify whose names are not yet available for fear of
reprisal from other party, and to include all those persons who issued
pertinent documents as the needs arises.

DOCUMENTS TO BE PRESENTED

All pertinent and relevant documents necessary for the resolution

of the case to include the annexes to the answers which are already
attached to the records of the case.

Plaintiff further reserves their right to present other

documentary evidence necessary to rebut respondents’ claim.

APPLICABLE LAWS/JURISPRUDENCE
Pertinent provisions of the New Civil Code and Jurisprudence
regarding the subject matters in this case.

PROPOSAL FOR AMICABLE SETTLEMENT

Above-named plaintiffs are willing to settle the instant case

amicably provided the same is fair, reasonable and in accordance with
law, not contrary to moral good customs, public order and public
policy.

Pre-Trial Brief for Plaintiff

Ugos vs Sps. Buhat
Civil Case No. 18-126/Forcible Entry, Damages and Attys. Fees
Page 4 of 4
 AVAILABLE TRIAL DATES

To be agreed upon during the pre-trial conference in order to

obviate any conflict of schedule among counsel and as well as the
parties.

WHEREFORE, it is most respectfully prayed of this Honorable

Court that the foregoing pre-trial brief of the above-named plaintiffs
be admitted.

Alabel, Sarangani Province, 20 September 2018.

RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY’S OFFICE

Department of Justice
Sarangani District Office
Alabel, Sarangani Province

BY:

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney I
Roll of Attorney No. 67366
MCLE Compliance New Lawyer
IBP OR No. 005682-19/May/2017
Email Add: paosarangani@gmail.com
09090154295
PTR Exempt

Copy Furnished:

MACARIA NEBRES ALSA and EDEN BODEGAS

Defendants
Purok 5, Poblacion, Alabel, Sarangani Province

EXPLANATION: The service or filing of the foregoing pre-trial brief to

the other parties were made through registered mail for lack of
manpower and the office of the counsel for the parties is far from the
office of the PAO.
BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Pre-Trial Brief for Plaintiff

Ugos vs Sps. Buhat
Civil Case No. 18-126/Forcible Entry, Damages and Attys. Fees
Page 4 of 4