Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 3
Davao City

SPANGE BAB,
Plaintiff,

Case No. R-DVO-29-2019-CV

- versus –

SQUID WARD
Defendants,
x - - - - - - - - - - - - - - - - - - - - - - - - - -----x

PRE-TRIAL BRIEF

Plaintiff, through counsel, to this Honorable Court, respectfully submits this Pre-
trial Brief as follows –

A. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Plaintiffs are open to settlement provided it is on just and reasonable grounds.

C. ADMITTED FACTS

All allegations indicated in the pleadings submitted by the plaintiff.

D. PROPOSED STIPULATIONS OF FACTS

As provided under Rule 26 of the Rule on Civil Procedure, Plaintiff requests

defendant to admit the genuineness and due execution of the following documents within
fifteen (15) days after service thereof, otherwise each of the following documents shall be
deemed admitted:

A. Transfer Certificate of Title No. PT 98765

B. Demand Letter
C. Final Demand Letter
D. Old Lease Contract
 E. PROPOSED ISSUES TO BE RESOLVED

Whether or not the defendants are unlawfully holding possession of the property
upon the expiration of the grace period mentioned in the notice to vacate dated March 5,
2018.

F. TESTIMONIAL EVIDENCE

Plaintiff intend to present one (1) or two (2) witnesses to prove plaintiff’s
allegations and claims set forth in the complaint.

G. DOCUMENTARY EVIDENCE

Plaintiffs request the marking as exhibits of the following documents:

1.) Transfer Certificate of Title No. PT 98765 (Exhibit “A”)

2.) Tax declaration No. 0021-00317. (Exhibit “B”)
3.) Barangay Certification (Exhibit “C”)
4.) Written Demand (Exhibit “D”)
5.) Final Demand (Exhibit “E”)
6.) Notice to vacate. (Exhibit “F”)
7.) MTC Decision (Exhibit “G”)
8.) Letter to Current Lessee (Exhibit “H”)
9.) Old Lease Contract (Exhibit “I”)

H. AVAILMENT OF MODES OF DISCOVERY

Plaintiffs reserve the right to avail of the modes of discovery in addition to the
aforementioned request for stipulation.
 I. APPLICABLE LAWS AND JURISPRUDENCE

The Plaintiffs grounds its claims on the provision of the New Civil Code and 1997
Rules on Civil Procedure.

J. POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiffs are amenable to a reasonable settlement.

K. RESERVATION

Plaintiffs respectfully reserve the right to present additional oral and documentary
evidence as may become necessary in the course of the trial.

L. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial conference to

dates most convenient to this Honorable Court and to all the parties.

Respectfully submitted.
February 18, 2019, Davao City.

Ambrocio, Laurente, Pajaro Law Firm

Counsel for Plaintiff
Door 1, Waikiki Bottom, Davao City, Philippines
Tel. +6382 234-5656. Mob. +639155674321 Email. ALPlLawOffice@gmail.com

By:

KATHLEEN KAYE M. LAURENTE

Rolls of Attorneys No. 2016400043
PTR No. 10262018/01-25-2019/ Davao City
IBP Lifetime Roll No. 10261986/06-01-2018/ Metro Manila
MCLE Compliance No. – Exempt (New Lawyer, 2018)

EUNICE L. AMBROCIO Rolls of Attorneys No. 2008-000088PTR No. 9189180/06-

25-2019/ Davao City IBP Lifetime Roll No. 918918/05-25-2018/ Metro Manila
MCLE Compliance No. – Exempt (New Lawyer, 2018)
 VICENTE ADRIAN PAJARO
Rolls of Attorneys No.. 2008-000088
PTR No. 1199229/06-25-2021/ Davao City
IBP Lifetime Roll No. 400001/05-25-2021/ Metro Manila MCLE
Compliance No. – Exempt (New Lawyer, 2021)

Copy Furnished:

REGIONAL TRIAL COURT

11th Judicial Region
Branch 3

Atty. Ellan Get n. Tingson

Counsel for the Defendant
TRRU LAW OFICES
Dr. 2 Esperanza Bldg., 198 Tulip Drive,
Ecoland, Matina, Davao City

EXPLANATION

Copies of the foregoing Brief were served to defendant’s counsel through registered
special mail considering the distance between the address of defendant’s counsel and the
undersigned counsel. Moreover, the office of the undersigned has no personnel to effect
personal service to the defendants.

KAREN R. CAYETANO