Republic of the Philippines

Fourth Judicial Region

MUNICIPAL TRIAL COURT in CITIES
Cabuyao City, Laguna

ANTONIO M. TAGONTONG, JR., & Civil Case No. 2834

HOME DEVELOPMENT MUTUAL FUND,
Plaintiffs,

-versus-

For: EJECTMENT
ISABEL A. SAMONTE and all other
persons claiming rights under her,
Defendants.
x----------------------------------------------x

PRE-TRIAL BRIEF
(For the Defendant)

COMES NOW, Defendant, through counsel, unto this Honorable

Court, respectfully submits this Pre–Trial Brief as follows:

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

The Defendant is willing to enter into an amicable settlement

with Plaintiffs as long as the same is just and equitable.

PROPOSED STIPULATIONS OF FACTS AND CIRCUMSTANCES

1. That Defendant ISABEL SAMONTE is a solo parent to her

children Lendel (14 years old), and Mark Lester (11 years old)

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Pre-Trial Brief for the Defendant
Mario D. Dayta
 as evidenced by Affidavit of Solo Parent attached herein as
Annex “1;”
2. That Defendant is the present occupant and purchaser of
the subject property, a house and lot located at Block 34 Lot
148 Phase 5, Mabuhay City, Brgy. Mamatid, Cabuyao City,
Laguna;
3. That the Defendant signed a Contract to Sell with Plaintiff
Home Development Mutual Fund (HDMF) on April 18, 2011
(copy attached herein as Annex “2” to “2-D” for the
purchase of the subject property and paid the monthly
amortizations therefor;
4. That Defendant had been religiously paying my monthly
amortizations with Plaintiff HDMF;
5. That due to financial constraints, Defendant failed to pay her
monthly amortizations with Plaintiff HDMF starting in July 2014;
6. That the Defendant learned of the ejectment case filed
against her on May 28, 2017;
7. That despite Defendant’s failure to pay amortizations
thereafter, she was not formally given a grace period within
which she could pay her arrears in amortization, or in the
case of cancellation, a payment of cash surrender value, in
violation of RA 6552 (Maceda Law);

ISSUES TO BE RESOLVED

I. Whether or not there was a valid cancellation of

Defendant’s Contract to Sell with Plaintiff HDMF;

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Pre-Trial Brief for the Defendant
Mario D. Dayta
 II. Whether or not Defendant is the lawful possessor of the
subject property

III. Whether or not Defendant is entitled to reasonable

compensation for the useful and necessary improvements
made on the subject property

DOCUMENTARY EXHIBITS TO BE PRESENTED

Annex 1 – Affidavit of Solo Parent

Annex 2 to 2-D Contract to Sell between Defendant
and Plaintiff HDMF

Defendant reserves the right to present other documentary

evidence as may be deemed necessary during the marking of
exhibits or during submission of Position Paper.

WITNESSES TO BE PRESENTED

Dendant reserves the right to present witnesses as may be

deemed necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. Applicable provisions of the New Civil Code;

2. Revised Rules on Summary Procedure;
3. Republic Act No. 6552 (Realty Installment Buyer Act);
4. Applicable jurisprudence issued by Supreme Court.

Binan City for Cabuyao City, September 6, 2017.

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Pre-Trial Brief for the Defendant
Mario D. Dayta
Respectfully submitted:

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Counsel for the Plaintiff
Binan District
Hall of Justice Bldg. Canlalay, Binan,
Laguna

FLORDELYN M. BAYANI
Public Attorney I
Roll No. 69193/ IBP No. 016700
MCLE Compliance: N/A

The Clerk of Court

Municipal Trial Court in Cities
Cabuyao City, Laguna

Please submit the foregoing Pre Trial Brief upon receipt for consideration of the
Honorable Court in connection with preliminary conference scheduled on September
8, 2017 before the Honorable Court.

Thank you.

FLORDELYN M. BAYANI

Copy Furnished:

ATTY. NESTOR A. LOABLE

Counsel for the Plaintiffs
2/F Kampanang Ginto Bldgl,
Sala, Cabuyao City, Laguna

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Pre-Trial Brief for the Defendant
Mario D. Dayta