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Republic of the Philippines

7th Judicial Region


MUNICIPAL CIRCUIT TRIAL COURT
DAUIS-PANGLAO
DAUIS,BOHOL
CHRISTINA LAGDAMEO
Plaintiff,
-versus-

CIVIL CASE No. Q-12345


For: RECOVERY OF POSSESSION OF REAL
PROPERTY

SPS. EPIFANIO LAGDAMEO and


MERCEDITA LAGDAMEO
Defendant.
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PRE-TRIAL BRIEF FOR THE DEFENDANT


The Defendant, represented by the undersigned counsel as her
attorney-in-law, respectfully submits to this Honorable Court this Pre Trial
Brief, to wit:
I.
PROPOSED STIPULATION OF FACTS
1. That a Deed of Donation had been executed by Oswald Lagdameo in
favor of Epifanio Lagdameo and his wife Mercedita, giving them the
properties subject of this case. This Deed of Donation was notarized by
Atty. George Almedilla who is already deceased. Atty. Joven Almedilla
is the son of Atty. George Almedilla testifies as to the authenticity of
the signature in the Deed of Donation. He is familiar with his fathers
signature since he had seen the signature on the documents of their
law firm to which he has been managing.
2. That the document given to Epifanio by Oswald states that Oswald is
the owner of the parcels of land which are both classified as riceland
and cocoland.
3. Santiago and Oswald Lagdameo were both living in the house of
Epifanio Lagdameo since the two were sickly. It was Epifanio and his
wife, Mercedita who took care of the two. When Santiago died, Oswald
continued to live with the spouses.
4. Epifanio became aware of Christina when she went to their house in
Poblacion, Pangalo in 1999 when the latter was looking for Oswald. At
that time, Oswald was not in their house since he was on duty being a
military man.
5. That subsequently after Christina and Oswald met. The two of them
talked inside the house of Epifanio. After which, Oswald told Epifanio
that Christina informed him that she is his daughter.

6. That Perfecto Dima, who had worked with the spouses during planting
season on the said 3 parcels of land. He has been working on said
lands even when Santiago was still living with the defendants.
7. Perfecto Dima recalls that there were 10 of them working at the land
and that they would be planting and harvesting on the land three
times a year. He even continued to work on the lands even after the
death of Oswald.
8. He also recalls that Timoteo Arawiran was hired by Epifanio Lagdameo.
However, Arawiran stopped working on the lands at the time of death
of Santiago. He has no knowledge of the reason why Arawiran stopped
working.
II.
ISSUES TO BE TRIED OR RESOLVED
1. Whether or not Oswald Lagdameo executed a Deed of Donation
pertaining to the three parcels of land in favor of the spouses Epifanio
and Mercedita Lagdameo which makes them the rightful owners of the
land.
2. Whether Oswald Lagdameo recognized Christina as her daughter.

III.
Documentary Exhibits To Be Presented
1. Defendants will present the notarized Deed of Donation executed by
Oswald Lagdameo in favor of the spouses.
2. Judicial Affidavit of Atty. Joven Almedilla as proof of the due execution
of the Deed of Donation that was executed by Oswald Lagdameo.
3. Judicial Affidavit of Perfecto Dima for the purpose of contradicting the
statements of Timoteo Arawiran and also to prove the ownership and
possession of the Spouses Lagdameo of the parcels of land.
4. Judicial Affidavit of Epifanio Lagdameo for the purpose of proving that
Oswald donated the parcels of land to him and his spouse and that
they had been in possession of the land since 1994. The affidavit is
also to be presented in order to prove that Oswald never
acknowledged Christina as his daughter and that it was the latter who
claimed that Oswald was his alleged father.
IV.
WITNESSES TO BE PRESENTED
1. Atty. Joven Almedilla will testify as to the authenticity of the signature
of his father, Atty. George Almedilla, who notarized the Deed of
Donation in favor of the Defendants.

2. Perfecto Dima will testify as to to the falsity of the testimony of


Timoteo Arawiran as to the management and ownership of the parcels
of land.
3. Epifanio Lagdameo will testify as to the execution of the Deed of
Donation by Oswald Lagdameo. He will also be testifying on whether
Oswald Lagdameo admitted that Christina Lagdameo is his child.
4. Other witnesses as to be determined to be relevant to the case during
the trial.

VI.
AVAILABLE DATES FOR TRIAL
The Petitioner respectfully requests that the trial dates be agreed upon
in open court at such dates and time convenient to the parties and the
calendar of this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed unto this


Honorable Court that the foregoing Pre-Trial Brief be duly noted.

Tagbilaran City, 12 November 2012.

ATTY. LOUIE G.UY


Counsel for Plaintiff
Tagbilaran City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-123456