REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 10, TAGUIG CITY

RAMEY MALEYK,
Plaintiff,

CIVIL CASE NO. 1212

For: Unlawful Detainer

- versus -

GALILEO GALILEO
Defendant,
x------------------------x

PRE-TRIAL BRIEF

PLAINTIFF, by counsel and to this Honorable Court, most respectfully

submits its Pre-trial Brief, and states that:

POSSIBILITY OF AMICABLE SETTLEMENT AND SUBMISSION TO

ALTERNATIVE MODES OF DISPUTE RESOLUTION

Plaintiff respectfully manifests, without admitting liability or waiving any of

his rights or defenses, that he is willing and ready to consider any reasonable
proposal for an amicable settlement from defendant, under such terms, which are
just and equitable, or referral of the case to alternative modes of dispute
resolution, including mediation and/or judicial dispute resolution.

SUMMARY OF ADMITTED AND UNDISPUTED FACTS

1. Plaintiff has long been the legal and rightful owner of condominium Unit
654 Mercury Tower, Bohemian Street, Rhapsody, Taguig City.
2. Plaintiff allowed defendant to live in his aforementioned condominium
unit without a written contract but only by mere tolerance.
3. Plaintiff had previously made repeated oral demands to defendant for
the latter to vacate the condominium unit and which was agreed to by
defendant.
4. Defendant, despite of agreeing to plaintiff’s demand, nonetheless
refused to vacate the condominium unit.
5. Plaintiff personally handed a letter of demand to defendant on February
10, 2018 and which was received by defendant.
6. Plaintiff initiated a complaint against defendant before the Katarungan
Pambarangay on February 15, 2018.

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 7. Plaintiff and defendant failed to reach a settlement in the Lupong
Tagamayapa for the Barangay of Jupiter.
8. The Lupong Tagapamayapa issued a Certificate to File Action on
February 15, 2018.

PROPOSED STIPULATION OF FACTS WITH REQUEST FOR ADMISSION

1. That plaintiff allowed the defendant to stay in his property without a

contract but by mere tolerance.
2. That plaintiff orally demanded the defendant to vacate the property, and
the latter agreed to.
3. That defendant refused to vacate plaintiff’s property.
4. That plaintiff handed a letter of demand to defendant personally, and which
was received by the latter.
5. That plaintiff initiated a complaint against the defendant before the
Katarungan Pambarangay, wherein the former and the latter failed to reach
into a settlement in the Lupong Tagapamayapa for the Barangay of Jupiter.

ISSUES

Plaintiff respectfully submits the following issues to be tried or resolved by

this Honorable Court:

1. Whether or not defendant should be evicted from the subject premises

and the plaintiff may recover physical possession thereof;
2. Whether or not plaintiff is entitled to attorney’s fees, damages and other
expenses for litigation.

DOCUMENTARY EVIDENCE

1. Annex “A” - a copy of the Certificate of Title of the condominium unit

located in Rhapsody, Taguig City.
This is to prove that the plaintiff is the real owner of the condominium unit.
2. Annex “B” - a copy of the Tax Declaration duly asses by the City Assessor of
Taguig City.
This is another proof that the plaintiff is the owner of the condominium unit
and that he is the person named in the tax declarations.
3. Annex “C” – a copy of the demand letter that was personally handed by the
plaintiff to the defendant on February 10, 2018.
This is to prove that the plaintiff served a notice to the defendant to vacate
the condominium unit.
6. Annex “D” – a copy of the Certificate to File Action issued by the Lupong
Tagapamayapa for the Barangay of Jupiter on February 15, 2018.
This is to prove that the plaintiff was and still is willing to settle the matters.

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 APPLICABLE LAWS AND JURISPRUDENCE

1. Provisions of the Civil Code on Ejectment;

2. Provisions on Unlawful Detainer found in the Rules of Court;
3. Relevant Supreme Court Rulings;
4. Rules of Court;
5. Other relevant laws.

RESORT TO DISCOVERY PROCEDURES OR REFERRAL TO COMMISIONERS

Subject to a concrete and reasonable request for discovery from defendant,

plaintiff reserves the right to resort to discovery before trial.

WITNESSES TO BE PRESENTED

Plaintiff intends to present two (2) witnesses, viz:

1. Spouses Jessie and Ed Maleyk, parents of the plaintiff, to establish that the
plaintiff had a justifiable reason to demand the defendant to vacate the
condominium unit, and that the defendant refused to vacate the same.

RESERVATION

Plaintiff respectfully reserves the right to present other witnesses,

documents or evidence in addition to those mentioned above and/or for
purposes in addition to those mentioned should a need thereof arises;
propose other issues as the conjunctures of trial may demand; cite other
laws and relevant jurisprudence in the course of the proceedings, as may be
warranted.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed for by the

plaintiff that this Pre-trial Brief be DULY NOTED.

RESPECTFULLY SUBMITTED.

Taguig City, April 1, 2018.

CHRISTINA MARIE MOLINA BARAO

Counsel for the Plaintif
888 Freddy Building, Gaga street, Rhapsody, Taguig City
Roll of Attorneys No. 8988; 01-05-2011
IBP No. 09889; 01-21-2011
MCLE Compliance No. V-00004321; 03-21-2014