REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
LAS PIŇAS CITY, Branch 255

RUBIROSA G. GABRIEL, in her

capacity and representing
EDWIN I. GABRIEL.
Plaintiff,

CIVIL CASE NO. CV-LP-16-0030

FOR: Accion Reivindicatoria and
Damages

-versus-

JULIETA A. GARRIDO.
Defendant.
x---------------------------------------------x

PRE-TRIAL BRIEF

COMES NOW, Plaintiff RUBIROSA G. GABRIEL, through the

undersigned counsel and unto this Honorable Court, most respectfully
avers THAT-

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT

(1) Plaintiff is willing to enter into an amicable settlement

and/or to submit the case to mediation or Judicial Dispute Resolution,
subject to reasonable conditions as may be agreed upon by the parties
and duly approved by the Honorable Court.

II. ADMISSIONS

(2) Plaintiff cannot make any admissions other than those

stated in her Complaint.

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 III. PROPOSED STIPULATION OF FACTS

Plaintiff proposes for stipulation of the following facts:

(a) Plaintiff, and her spouse, EDWIN G. GABRIEL bought a

parcel of land containing an area of TWO HUNDRED FORTY TWO
(242) SQUARE METERS, covered then by TCT No. T-48034, and is
located in Tabon II, Velasquez Compound, Brgy. Ibayo, Las Piňas
City.

(b) They have bought the said property in the amount of FIVE
HUNDRED FIFTY SIX THOUSAND SIX HUNDRED PESOS (PhP
556, 000.00), from JULIETA A. GARRIDO. The latter was the
authorized and appointed agent of the owners namely, ELIZABETH
A. MONCHALIN and LESTER A. MONCHALIN. Both have acquired
such property through succession when one ALAIN MONCHALIN
died inestate on March 13, 2009.

(c) After executing all the formalities of the sale, SPS.

RUBIROSA AND EDWIN GABRIEL were able to transfer the title of
the property unto their names. A Transfer Certificate of Title, bearing
Title No. 005-2014003558, dated October 24, 2014 was then
released.

(d) Upon surveying the land for two (2) times before the filing
of this case, Plaintiff and her husband discovered that a portion of
their property is being occupied and encroached by an abandoned
school owned by the defendant, amounting to THIRTY SEVEN (37)
square meters.

(e) JULIETA GARRIDO, upon receiving several demands,

refused to convey to the Plaintiff said THIRTY SEVEN (37) squar
meter portion of the subject property.

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 IV. ISSUES

(1) Whether or not the Plaintiff is entitled to the conveyance of

the THIRTY SEVEN (37) square meter portion of the property from
the defendant?

(2) Whether or not the Defendant shall be ordered to demolish

the structures, forming an abandoned school which encroached
upon the Plaintiff’s property?

(3) Whether or not the defendant should be held liable for the
damages, costs and expenses of the proceedings.

V. WITNESSES TO BE PRESENTED AND THE SUBSTANCE

OF THEIR TESTIMONIES

(1) RUBIROSA G. GABRIEL – who will testify on the facts

alleged in her Complaint.

(2) Other witnesses who will corroborate her testimony.

VI. DOCUMENTS TO BE PRESENTED

(1) GENERAL POWER OF ATTORNEY to be marked as

Exhibit “A”.
Purpose – to prove that the Defendant was given an
authority by the previous owners of the subject property to
sell the same.

(2) ACKNOWLEDGMENT RECEIPT, to be marked as as

Exhibit “B”.
Purpose – to prove the husband of the Plaintiff, EDWIN I.
GABRIEL, handed down FIFTY SIX THOUSAND SIX
HUNDRED PESOS (PhP 56, 600.00) as down payment for
the property on May 23, 2013.

(3) ACKNOWLEDGEMENT to be marked as Exhibit “C”.

Purpose – to prove that the Plaintiff and her husband has
paid the in full the amount of FIVE HUNDRED THOUSAND

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 PESOS to JULIETTA GARRIDO, and such constitutes the
consummation of the sale.

(4) NOTARIXED EXTRA-JUDICIAL SETTLEMENT OF

ESTATE WITH DEED OF ABSOLUTE SALE to be marked as
Exhibit “D to D-1”.
Purpose – to prove that the sale between the plaintiff and
the defendant has complied in form, and thus binding to the
whole world.

(5) SUBDIVISION PLAN to be marked as Exhibit “E”.

Purpose – to prove that after the occurrence of land
surveying, Plaintiff and her husband informed the
Defendant that the property they have acquired was
encroached upon by the constructions of the abandoned
school owned by the defendant.

(6) TRANSFER CERTIFICATE OF TITLE No. 005-

2014003558 to be marked as Exhibit “F to F-2”.
Purpose – to prove that the Plaintiff and her husband have
successfully transferred unto their names the title of the
property.

(7) LATEST TAX DECLARATION to be marked as Exhibit

“G”.
Purpose – to prove that the plaintiff since the time of their
purchase has paid the real property tax dues.

(8) SCHEDULE OF ZONAL VALUE from the Bureau of

Internal Revenue to be marked as Exhibit “H”.
Purpose – to prove the current zonal value of the property,
as alleged in the Complaint.

(9) BARANGAY RESOLUTION to be marked as Exhibit “I”.

Purpose – to prove that this case has been referred to in
the barangay level, and to give summary of the events that
transpired during the barangay hearings..

(10) KATIBAYAN UPANG MAKADULOG SA HUKUMAN to

be marked as Exhibit “J”
Purpose – to prove that the mediations conducted at the
barangay level have failed.

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(11) DEMAND LETTER dated November 16, 2015 to be
marked as Exhibit “K”
Purpose – to prove that the Plaintiff sent a letter to the
Defendant, reiterating to her the need of demolishing the
structure occupying the THIRTY SEVEN (37) square meter
portion of the newly acquired property of herein Plaintiff
and her husband.

(12) LBC RECEIPT dated November 16, 2015 to be marked

as Exhibit “L”
Purpose – To prove that the Plaintiff has sent a Demand
Letter to the Defendant through LBC.

(13) TRACKING SLIP generated at LBC’s website to be

marked as Exhibit “M”
Purpose – To prove that the Demand Letter has been
delivered to the Defendant, and the same was received
through one ALEX GARRIDO.

(14) DEMAND LETTER dated January 06, 2016 to be

marked as Exhibit “N”
Purpose – to prove that the Plaintiff sent another letter to
the Defendant, reiterating to her the need of demolishing
the structure occupying the THIRTY SEVEN (37) square
meter portion of the newly acquired property of herein
Plaintiff and her husband. Thus, served as her final notice
to the Defendant.

(15) LBC RECEIPT dated January 06, 2016 to be marked as

Exhibit “O”
Purpose – To prove that the Plaintiff has sent a Demand
Letter to the Defendant through LBC.

(16) TRACKING SLIP generated at LBC’s website to be

marked as Exhibit “P”
Purpose – To prove that the Final Demand Letter has been
delivered to the Defendant, and the same was received
through one ALEX GARRIDO.

(17) REPLY LETTER dated January 15, 2016 to be marked

as Exhibit “Q”
Purpose – To prove that the Plaintiff received a REPLY
dated January 15, 2016 from a certain ATTY. ROLITO A.
ABING, clarifying the exact portion and area that has been
deprived from the plaintiff and her husband.

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 (18) CORRESPONDENCE dated January 27, 2016 to be
marked as Exhibit “R”
Purpose – To prove that the Plaintiff sent a response to the
Defendant’s Reply Letter.

(19) LBC RECEIPT dated January 27, 2016 to be marked as

Exhibit “S”
Purpose – To prove that the Plaintiff has sent a
Correspondence to the Defendant through LBC.

(20) TRACKING SLIP generated from the LBC Website to be

marked as Exhibit “T”
Purpose – To prove that the Final Demand Letter has been
delivered to the Defendant, and the same was received.

(21) SURVEY REPORT to be marked to be marked as

EXHIBIT “U”
Purpose – To prove that the Defendant’s old school
building has encroached the property acquired by the
Plaintiff and her husband from her.

(22) SUBDIVISION PLAN to be marked as EXHIBIT “V”

Purpose – To prove the existence of the encroachment, as
surveyed during the Mediation stage of this case.

(23) Plaintiff reserves the right to present additional documents

or exhibits in the course of the trial, if the need arises and
for the purpose of supporting his allegations in the
Complaint.

VII. AVAILMENT OF DISCOVERY PROCEDURES

Plaintiff expresses his willingness to resort to Discovery Procedures

for the purpose of expediting the proceedings.

VIII. APPLICABLE LAWS AND JURISPRUDENCE

(1) The New Civil Code of the Philippines

(2) Related provisions of the Revised Rules of Court
(3) Other related laws and jurisprudence.

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 PRAYER

WHEREFORE, it is respectfully prayed to this Honorable Court

that this Pre-Trial Brief be noted and admitted in compliance with the
Rules of Court and Order of the Court.

City of Bacoor for City of Las Pinas. July 19, 2017.

CELESTINO AND ASSOCIATES LAW OFFICE

Counsel for the Plaintiff
171-A Panapaan 1 (Aguinaldo Highway),
City of Bacoor, Cavite
Landline: 046 417 6160 / 046 683 1861

BY:

ATTY. MARK BRIAN R. CELESTINO

ROA: 63342
IBP No: 1063423/Cavite/01-16-17
PTR No: 1085424/Cavite/01-16-17
MCLE Compliance No. V-0020359
(Valid until 04-14-2019)

Copy Furnished (By Personal Service):

ATTY. ROLITO A. ABING

ABING ABRENICA DAGCUTA &
ASSOCIATES LAW OFFICE
Unit 2-L, New Pamplona Lumber Bldg.,
267 Real St., Pamplona,
Las Piṅas City