Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch 20
Catarman, Northern Samar

XANDER FORD
Plaintiff,

-versus- Civil Case No. A-1234

For: RECOVERY OF POSSESSION

JAKE ZYRUS,
Defendant.
x-------------------------------------------------------------------------------------x
PRE-TRIAL BRIEF FOR THE PLAINTIFF

MANIFESTATION

PLAINTIFF by counsel respectfully states that:

I. WILLINGNESS TO COMPROMISE

Plaintiff is open to offer for a compromise agreement in the amount not

less than 250,000 pesos.

II. PLAINTIFFS THEORY

The subject property is owned by Juan Dela Cruz (plaintiffs father)

evidenced by the latters Deed of Sale from Pedro Lumundag dated March
27, 1952 containing an area of 12,000 Square Meters. One of the adjoining
lots is one owned by Roger Federer which is located in Brgy. Jose Abad
Santos, Catarman, N. Samar.

In year 1956, the land owned by Juan Dela Cruz was subdivided into four
(4) lots such as Lot Nos. 4070, 4100, 4128 & 4129. Lot 4070 is a registered
land declared in the name of Juan Dela Cruz covered by Original Certificate
of Title No. 2173 containing an area of 8,840 Square Meters.

Page 1 of 4
 The lot subject of this case is part of Lot No. 4070 which is now owned by
Xander Ford.
However, Jake Xyrus encroached on said area and claimed that it is his
property which is the subject of the instant case.

III. FACTS PROPOSED FOR ADMISSIONS

1. The plaintiff through his father Juan Dela Cruz owned the subject
land it being bought from Elpidio Lumundag on March 27, 1952;

2. Land owned by Juan Dela Cruz was subdivided into 4 lots where
one of its Lot No. 4070 is registered in the name of Juan Dela Cruz
as covered by Certificate of Title No. 2173 containing an area of
8,840 Square Meters located in Brgy. Jose Abad Santos, Catarman,
Northern Samar;

3. The land owned by Juan Dela Cruz under Lot No. 4070 was already
sold to Xander Ford on December 6, 1995;

4. The authenticity and due execution of the documentary exhibits as

shown in the documentary evidences;

IV. ISSUES

1. Factual Issues

1.1. Whether or not the land area covered by the foreshore

lease agreement encroached Lot No. 4070, the area
subject of this case;

2. Legal Issues

2.1. Whether or not the contract of sale is superior to the

foreshore lease;

2.2. Whether or not the possession of herein defendant is

lawful by virtue of the foreshore lease agreement;

V. EVIDENCE FOR THE PLAINTIFF

1. Special Power of Attorney (Exhibit A) To show the authority of Atty.

Japheth Serafin, as Attorney-in-fact of Xander Ford, to represent him in the instant
case;

Page 2 of 4
 2. Deed of Absolute Sale of Unregistered Land (Exh. B)- To show the
title of ownership of Juan Dela Cruz;

3. Original Certificate of Title No. 2173 (Exh. C) To show the registration

of ownership of Juan Dela Cruz of the land subject of this case;

4. Tax Declaration No. 10038 (Exh. D) To show actual and constructive

possession of Juan Dela Cruz of the lot covered and declared hereto;

5. Deed of Absolute Sale (Exh. E) To show title of ownership of Xander

Ford of the land subject of this case after it conveyed to him by Juan Dela Cruz;

6. Tax Declaration No. 100121 (Exh. f) To show actual and constructive

possession of Xander Ford of the lot covered and declared hereto;

7. Sketch Plan (Exh. F)To show the relative location of Lot Nos. 4070, 4100 &
4129;

8. Sketch Plan (Exh. G) To show the relative location of Lot 4070 in relation
to Catarman River and other adjoining lots;

9. Sketch Plan (Exh. H) To show the relative location of the subdivided lots
of Lot 4070 (A-D) and other constructions made inside Lot 4070;

10. Lot Survey (Exh. I) To show the extent of the land area and location of
Lot No. 4070

11. Others reserved.

VI. WITNESSES

1. Xander Ford Catarman, N. Samar To testify on the title of ownership of

the subject land and prior possession thereto against the defendant;

2. Eulogio Labrador/Crispulo Obida Catarman, N. Samar To testify on

the ownership of Juan Dela Cruz in relation to the area sold to Xander Ford;

3. Municipal Assessor, Catarman, N. Samar To testify on the tax

declarations in the name of Juan Dela Cruz and to further testify the
genuineness and due execution of the lot survey;

4. Others reserved.

Page 3 of 4
 JURISPRUDENCE AND LAW

Pertinent provisions of the Civil Code of the Philippines and other

applicable laws and relevant decisions of the Supreme Court.

Catarman, Northern Samar, October 16, 2017.

Respectfully submitted.

ATTY. JAPHETH S. SERAFIN

Counsel for the Plaintiff
001 J.P. Rizal Street
Catarman, Northern Samar
PTR No. 1769970 1/3/17
IBP No. 823624 1/1/17
Roll No. 51050
MCLE No. III-1611-12/23/17

The Clerk of Court

REGIONAL TRIAL COURT
8th Judicial Region
Branch 20
Catarman, Northern Samar

Please submit the foregoing pleading to this Honorable Court for

its consideration and resolution.

ATTY. JAPHETH S. SERAFIN

Copy furnished:

ATTY. VICTOR GREG SARMIENTO

Catarman, Northern Samar

Page 4 of 4