REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

Eighth (8th) Judicial Region
TACLOBAN CITY, BRANCH__

ROMINA MONDRAGON,
Plaintiff,

- versus - Civil Case No. 19-12-15

For: UNLAWFUL DETAINER

DANIELA BARTOLOME,
Defendant

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PRE-TRIAL BRIEF

DEFENDANT, by counsel and to this Honorable Court, respectfully

submits this Pre-Trial Brief in compliance with the trial court’s order dated
July 18, 2019, containing the following:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Defendant, respectfully manifest, without admitting liability or

waiving any of his right or defenses, that he is open to settling this dispute
amicably, subject to a concrete proposal that is fair and reasonable and a
reciprocal manifestation of openness from plaintiff;

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,

defendant respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of amount due and owing to
plaintiff if any and, second, a schedule of payments.

II. STATEMENT OF FACTS

2.1. Defendant admits only those facts stated in her Answer, i.e., that
the parties to this case executed a lease agreement over a property located
in 111 Del Pilar St., Tacloban City with a monthly rental of TEN
THOUSAND PESOS (PHP 10,000.00).
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 2.2. Defendant paid the monthly rentals to plaintiff’s husband who
presented a special power of attorney to receive payments when the same
was made by the defendant.

III. ISSUES TO BE TRIED

4.1. Defendant submits that the following issues put forward by the
palintiff are subject to proof:

4.1.1. Whether or not plaintiff is entitled to recover the

remaining obligation from Defendant amounting to FIFTY
THOUSAND PESOS (PHP 50,000.00)

4.1.2. Whether or not plaintiff is entitled to be awarded with

attorney’s fee and exemplary damages.

4.2. Defendant submits that the following issues put forward by the
her are subject to proof:

4.2.1. Whether or not the plaintiff did not comply with the
condition precedent of a barangay conciliation under the
Katarungang Pambarangay Law;

4.2.2. Whether or not the plaintiff’s complaint states no cause of

action as payment has been made by the defendant to plaintiff’s
husband who had a special power of attorney to receive the same;

4.2.3. Whether or not defendant is entitled to be awarded with

moral damages and attorney’s fees.

IV. EVIDENCE

5.1. Defendant intends to present the receipts issued by plaintiff’s

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husband, Romeo Mondragon to the defendant.

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 5.2. Defendant intends to present the Special Power of Attorney
granted to plaintiff’s husband to receive the monthly rental payments.

5.2. Defendant requests the marking as Annexes of the following

documents:

5.2.1. Lease Contract Agreement (Annex “A”);

5.2.2. Acknowledgement receipts issued by plaintiff’s husband
(Annex “B”); and
5.2.3. Special Power of Attorney of Romeo Mondragon
(Annex “C”).

5.3. Defendant reserves the right to present any and all documentary
evidence, which shall become relevant to rebut plaintiff’s claims in the
course of trial as well as any other witnesses whose testimony will become
relevant to belie plaintiff’s witnesses, if necessary.

V. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, defendant

does not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for

discovery from plaintiff, defendant reserves the right to resort to discovery
before trial.

VI. AVAILABLE TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-
trial conference to dates most convenient to this Honorable Court and to all
the parties.
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 WHEREFORE, defendant prays that the forgoing be taken
cognizance of.

RESPECTFULLY SUBMITTED.

Tacloban City. 23 July 2019.

ATTY. DARREN CHEN

Counsel for the Defendant
CHEN LAW OFFICES
Amazing St., Tacloban City
Attys. Roll No. 009658/January 15, 2010
IBP O.R. No. 0123458/01-04-10, Leyte Chapter
PTR No. PL 111222333/01-04-10 Palo, Leyte
MCLE Compliance No. V-0002242, 11-12-2018
Valid Until January 15, 2020
Phone No.: 09171112424
Email: darren_chen@gmail.com

Copy Furnished:
By Personal Service

ATTY. EDRELYNN JOY PALAMOS

Counsel for the Plaintiff
ALCANTARA LAW OFFICE
HMU Building, Del Pilar St., Tacloban City
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 ANNEX A

LEASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed at the City of __Tacloban__, this day of
_______October___5_____, 20_18___, by and between:

(ROMINA MONDRAGON), of legal age, single/married to (Romeo Mondragon), Filipino,

and with residence and postal address at (143 Burgos St., Tacloban City), hereinafter referred
to as the LESSOR.

-AND-

(DANIELA BARTOLOME), Filipino and with residence and postal address at (105 Gomez
St., Tacloban City), hereinafter referred to as the LESSEE.

WITNESSETH; That

WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property
situated at (111 Del Pilar St., Tacloban City);

WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is
willing to lease the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases
unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises,
subject to the following:

TERMS AND CONDITIONS

1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed
that if at any time the premises are used for other purposes, the LESSOR shall have the right
to rescind this contract without prejudice to its other rights under the law.

2. TERM: This term of lease is for ONE (2) YEARS from (October 5, 2018) to (October 6, 2021)
inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as
my be mutually agreed upon by both parties, written notice of intention to renew the lease
shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the
period herein agreed upon.

3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS:
AMOUNT IN WORDS (P 10,000.00), Philippine Currency. All rental payments shall be payable
to the LESSOR.

4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and
prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum
of PESOS: AMOUNT IN WORDS (P 30,000.00), Philippine Currency wherein the two (2) months
deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month
deposit shall answer partially for damages and any other obligations, for utilities such as
Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of
the provision of this contract.

5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as
when the checks are dishonored, the LESSOR at its option may terminate this contract
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and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is
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in default of payment for One (1) month and may forfeit whatever rental deposit or advances
have been given by the LESSEE.

6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased
premises to be occupied in whole or in part by any person, form or corporation, neither shall
the LESSEE assign its rights hereunder to any other person or entity and no right of interest
thereto or therein shall be conferred on or vested in anyone by the LESSEE without the
LESSOR'S written approval.

7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water,
Internet, association dues and other public services and utilities during the duration of the
lease.

8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or
damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen
disabling cause of acts of God, as to render the leased premises during the term substantially
unfit for use and occupation of the LESSEE, then this lease contract may be terminated
without compensation by the LESSOR or by the LESSEE by notice in writing to the other.

9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due
notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE
or its representative at any reasonable hour to examine the same or make repairs therein or for
the operation and maintenance of the building or to exhibit the leased premises to prospective
LESSEE, or for any other lawful purposes which it may deem necessary.

10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation
thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased
premises with all corresponding keys and in as good and tenable condition as the same is now,
ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects
of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR
the right, at the latter's option, to refuse to accept the delivery of the premises and compel the
LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until
the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in
case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or
termination for any reason whatsoever.

11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial
relief against the other, the losing party shall pay an amount of One Hundred (100) % of the
amount clamed in the complaint as attorney's fees which shall in no case be less than
P50,000.00 pesos in addition to other cost and damages which the said party may be entitled
to under the law.

12. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.

IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.

(Romina Mondragon) (Daniela Bartolome)

LESSOR LESSEE

Signed in the presence of:

_____________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)

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_________________________) S.S
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BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Romina Mondragon) 10000000 February 24, 2018/ Tacloban City
(Daniela Bartolome) 10000000 January 07, 2015/ Tacloban City

Known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of three (3) page/s, including the page on which this
acknowledgement is written, has been signed on each and every page thereof by the concerned
parties and their witnesses, and and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Book No.______;
Series of 20___.

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 ANNEX B

ACKNOWLEDGEMENT RECEIPTS
February 3, 2010

Received the amount of TEN THOUSAND PESOS (PHP10,000.00) from

Daniela Bartolome as payment for the the monthly rent for February for the
property located at 111 Del Pilar St., Tacloban City.

Received by:

Romeo Mondragon

Paid by:

Daniela Bartolome

ACKNOWLEDGEMENT RECEIPT

March 5, 2018

Received the amount of TEN THOUSAND PESOS (PHP10,000.00) from

Daniela Bartolome as payment for the the monthly rent for March for the property
located at 111 Del Pilar St., Tacloban City.

Received by:

Romeo Mondragon

Paid by:

Daniela Bartolome

R
ACKNOWLEDGEMENT RECEIPT

April 10, 2018

Received the amount of TEN THOUSAND PESOS (PHP10,000.00) from

Daniela Bartolome as payment for the the monthly rent for April for the property
located at 111 Del Pilar St., Tacloban City.

Received by:

Romeo Mondragon
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Paid by:

Daniela Bartolome
 ACKNOWLEDGEMENT RECEIPT

May 10, 2018

Received the amount of TEN THOUSAND PESOS (PHP10,000.00) from

Daniela Bartolome as payment for the the monthly rent for May for the property
located at 111 Del Pilar St., Tacloban City.

Received by:

Romeo Mondragon

Paid by:

Daniela Bartolome

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 ANNEX C
SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, Romina Mondragon married to Romeo Mondragon of legal age, with residence and
postal address at 143 Burgos St., Tacloban City, do hereby APPOINT Romeo
Mondragon married to Romina Mondragon likewise of legal age, with postal address at
143 Burgos St., Tacloban City as my true and legal representative to act for and in my
name and stead and to receive the monthly rentals of my property: House and Lot
located at 111, Del Pilar St., Tacloban City.

HEREBY GRANTING unto my representative full power and authority to execute and
perform every act necessary to render effective the power to accept payments of the
subject property as though I myself, have so performed it, and HEREBY APPROVING
ALL that he may do by virtue hereof with full right of substitution of his person and
revocation of this instrument.

IN WITNESS WHEREOF , WE HAVE HEREUNTO SET OUR HANDS THIS 15th DAY
OF AUGUST 2018, AT Tacloban City.

_______________________________ __________________________________
(Name of Principal) (Name of Agent /Attorney-In-Fact)

Republic of the Philippines ) _________________________) S.S

BEFORE ME, personally appeared:

Romina Mondragon CTC No. 1000000021 Tacloban City

Romeo Mondragon CTC No. 1000000023 Tacloban City

Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and
deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
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