REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURT

9TH Judicial RegionBranch 1

SPS. GIOVANNI GUEVARA CIVIL CASE No. 12345 AND AREANNE GUEVARA

                          Plaintiffs,                                                                                

           -versus-                                           ----- FOR-------

GRACE ANGELIE ASIO, UNLAWFUL DETAINER

                   

   Defendant,

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PRE-TRIAL BRIEF FOR DEFENDANT

  COMES NOW Defendant, through his undersigned counsel and to this Honorable Court, most respectfully submits the Pre-Trial Brief, consisting of the following:

I. STATEMENT OF DEFENDANT WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE RESOLUTION, INDICATING THE DESIRED TERMS THEREOF.

Defendant is willing to enter into amicable settlement provided that the THREE HUNDRED FIVE (305) SQUARE METERS out of the total area of ONE THOUSAND EIGHT HUNDRED THIRTY ONE (1,831) SQUARE METERS registered in favour of the Plaintiff-Spouses be segregated in favour of the Defendant’s aunt RIZA E. SOTTO by virtue of the original extra judicial settlement of estate.

II. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS.

1. Plaintiffs personal circumstances.2. That on October 8, 1983, an extrajudicial settlement of estate was executed

to subdivide the property of Juana Espinosa covered by TCT # 6-666 covering an area of 1, 831 sq. m. among Riza E. Sotto for 305, square meters and Gabby C. Espinosa for 1,526 square meters.

3. That on September 12, 1984, defendant’s aunt, Riza Espinosa Sotto, thru an affidavit allowed the defendant, being her niece, to occupy her property containing an area of 305 square meters, a portion of the subject property representing her share of their parents (defendant’s grandparents) estate as shown in the approved subdivision plan and extrajudicial settlement of estate since she is going abroad.

4. On December 4, 1986, while Riza Espinosa Sotto was in the U.S., defendant’s parents were forced to sign a new extrajudicial settlement by the plaintiff spouses to exclude her aunt so they could sell the property to plaintiff-spouses thinking that only their share was sold.

5. Plaintiffs have NO CAUSE OF ACTION against herein Defendant as they are not the ones entitled to possession and occupation thereof, but Grace E. Asio.

III. STATEMENT OF THE ISSUES TO BE TRIED AND RESOLVED.

I. WHETHER OR NOT PLAINTIFF-SPOUSES HAVE A CAUSE OF ACTION TO EJECT DEFENDANT FROM THE SUBJECT PROPERTY.

II. WHETHER OR NOT DEFENDANT IS ENTITLED TO DAMAGES, ATTORNEY’S FEES AND COST OF LITIGATION.

III. WITNESS TO BE PRESENTED, ABSTRACT OF THEIR TESTIMONIES.

1. Grace E. Asio2. Riza E. Sotto3. Engr. Radz Monel4. Atty. Alphalpha XXX.

Defendant reserves his right to present additional witnesses should the need arises.

IV. LIST OF DOCUMENTS TO BE PRESENTED DURING TRIAL

Exhibit “1” - Affidavit to occupy a parcel of land containing an area of 305 sq. m. executed by Riza E. Sotto

Exhibit “2” – Approved Subdivision Plan and Sketch Plan

Exhibit “3” – Extrajudicial Settlement of Estate executed by Gabby Expinosa and Riza Sotto.

Defendant reserves his right to present additional witnesses should the need arises.

V. DEFENDANT’S INTENTION TO AVAIL OF ANY OF THE MODES OF

DISCOVERY PROVIDED UNDER RULE 23 TO 28 OF THE 1997 RULES OF CIVIL PROCEDURE.

Herein Defendant most respectfully manifests that he will avail of any of the modes of discovery under Rule 23 to 28 of the 1997 Rules of Civil Procedure, more particularly, production or inspection of documents or things.

VI. APPLICABLE LAWS AND JURISPRUDENCE.

1. Applicable provisions of the Civil Code of the Philippines.2. Cases on Philippine Jurisprudence

Defendant reserves his right to present additional applicable laws and jurisprudence.

VII. AVAILABLE TRIAL DATES OF COUNSEL TO COMPLETE PRESENTATION OF EVIDENCE.

After the completion of the presentation of evidence of the Plaintiffs.

Respectfully submitted.City of Zamboanga, Philippines, 23rd of December 2010.

                      ATTY. CHARLES A. TILOS                                           Counsel for the Defendant

                                         The Firm Law Office                                                Canelar, Zambaonga City

PTR No. 0204754 – 1/5/12

IPB No. 000007 – 12/5/12MCLE NO. II-006666-11/5/12

At Zamboanga City                                                         Roll of Attorney No. 98765

Copy furnished:ATTY. Harjade Dammang647-A Mayor Jaldon St.,Canelar, Zamboanga City