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Republic of the Philippines

Sixth Judicial Region


Municipal Circuit Trial Court in the Cities
BRANCH 36

REYNALDO ASPERA AND


RACHEL ASPERA - PAJA,
Plaintiffs,
Civil Case No. 05-12345
- versus- For: Unlawful Detainer

MARIA PEDREGOSA, VICTORIA


PALOMAR, CHARMIE ESPANA
AND JUAN SANTOS,
Defendants.
x-------------------------------------x

PRE-TRIAL BRIEF FOR PLAINTIFFS

COMES NOW, PLAINTIFFS through undersigned counsel and


unto this Honorable Court most respectfully submits his Pre-Trial Brief,
to wit:

1. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Plaintiffs are open for an amicable settlement only as far as


those allowed by law.

2. FACTS ADMITTED

a. Identity and personal circumstances of the Defendants

3. PROPOSED FACTS FOR ADMISSION

a. Jurisdiction of this Honorable Court;

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b. That Plaintiffs and its predecessors – in – interest are the
owners of Lot 15, and without Plaintiff’s knowledge and
consent, Defendants entered and took possession of the
portion of the said lot;
c. Plaintiffs tolerated the possession and occupation of the
Defendants of the portion of the herein mentioned
parcel of land with the implied promise and Plaintiffs and
its predecessor – in – interest, made to understand the
Defendants, that they would vacate the portion of the
land they are occupying in the event Plaintiffs would
need the parcel of land;
d. Plaintiffs made known to the Defendants that it would
develop a parcel of land for its intended purpose and
informed the herein Defendants for them to vacate the
parcel of land;
e. The Defendant failed and refused to vacate and remove
all improvements that they introduced on the herein
mentioned parcel of land;

4. ISSUES TO BE RESOLVED

a. Whether or not Defendants unlawfully detained the


subject portion of lot.

5. DOCUMENTS AND EXHIBITS FOR PLAINTIFF

a. Exhibit “A” and its submarkings - the Complaint filed last


October 15, 2017;

b. Exhibit “B” and its submarkings – Transfer Certificate of


Title (Annex “A” of the Complaint)

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c. Exhibit “C” and its submarkings – Deed of Extra Judicial
Settlement and Declaration of Heirship (Annex “B” of
the Complaint)

d. Exhibit “D” and its sub-markings – Demand letters


together with their respective Registry Return Receipts
(Annex “C” of the Complaint)

e. Exhibit “E” and its sub-markings – Certificate to File


Action (Annex “D” of the Complaint)

f. Exhibit “F” and its sub-markings – Official Receipts Dated


October 15, 2017; (Attached in the Pre-Trial Briefs)

With reservation to present and attached additional


documentary evidence in or during submission of
Memorandum as provided and allowed by the Rules of
Summary Procedure;

6. WITNESSES:
1. Vicky dela Cruz
2. Reynaldo Aspera
3. Rachel Aspera - Paja

7. AVAILABLE TRIAL DATES

Plaintiff leaves the setting of schedule on such dates as may be


agreed upon by both parties in accordance with the court’s calendar.

RESPECTFULLY SUBMITTED.

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Iloilo City, Philippines, this January 15, 2018.

PADILLA & ESPAÑOLA LAW OFFICES


Counsel for the PLAINTIFFS
Mezzanine Floor, Arguelles Bldg I,
Arguelles St., Jaro, Iloilo City

BY:

ATTY. REY VICTORINO A. PADILLA


PTR. No. 1234567; 02/8/17; Iloilo City;
IBP No. 456789, Iloilo City (Lifetime);
Roll of Attorneys No. 23456
MCLE Compliance No. V-0014333; 02/20/16

COPY FURNISHED:

ATTY. RIA MAY P. VILLANUEVA


Suite 88, Third Floor, One Global Center
Iloilo Business Park, Mandurriao, Iloilo City

Received ________________________ Date: _______________