1. The defendant is willing to enter mediation to settle the case amicably.
2. The defendant admits some basic facts like the parties and jurisdiction, but denies the plaintiff's version of events.
3. The defendant proposes 13 facts establishing that she and her family had an agreement with previous owners to live on the land and built a home, and later made an agreement with the plaintiff to help pay for the land.
1. The defendant is willing to enter mediation to settle the case amicably.
2. The defendant admits some basic facts like the parties and jurisdiction, but denies the plaintiff's version of events.
3. The defendant proposes 13 facts establishing that she and her family had an agreement with previous owners to live on the land and built a home, and later made an agreement with the plaintiff to help pay for the land.
1. The defendant is willing to enter mediation to settle the case amicably.
2. The defendant admits some basic facts like the parties and jurisdiction, but denies the plaintiff's version of events.
3. The defendant proposes 13 facts establishing that she and her family had an agreement with previous owners to live on the land and built a home, and later made an agreement with the plaintiff to help pay for the land.
1. The defendant is willing to enter mediation to settle the case amicably.
2. The defendant admits some basic facts like the parties and jurisdiction, but denies the plaintiff's version of events.
3. The defendant proposes 13 facts establishing that she and her family had an agreement with previous owners to live on the land and built a home, and later made an agreement with the plaintiff to help pay for the land.
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Republic of the Philippines
REGIONAL TRIAL COURT
XX Judicial Region XX City -ooOoo-
CANDELARIA M. YU Plaintiff,
-versus- Civil Case No. 18-12345
For:ACCION PUBLICIANA AND DAMAGES
VIRGINIA A. GARCIA, AND
OTHER PERSONS DERIVING RIGHTS FROM HER. Defendant. x--------------------------------x
PRE-TRIAL BRIEF (For the Defendant)
DEFENDANT, through the undersigned Counsel and unto this
Honorable Court, most respectfully submits the instant Pre-Trial Brief, and states that:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
Defendant is willing to submit to mediation and other
alternative modes of dispute resolution.
II. ADMITTED FACTS
1. Defendant admits only those facts stated in her Amended
Answer with Counterclaim, to wit:
a. The identity of the parties;
b. The jurisdiction of the Honorable Court;
c. Defendant’s personal circumstances
d. The existence of Transfer Certificate of Title No. xxxxxx under
the name of plaintiff Candelaria M. Yu for a parcel of land situated at Brgy. XXX containing an area of Six Hundred Seventy-Five Square Meters, more or less;
e. The existence of the demand letter sent to the defendant;
III. PROPOSED STIPULATION OF FACTS
1. That the defendant and her late husband Joel Malayan Garcia, Sr., had an agreement with the former owners of the subject, Spouses Carina and Jose B. Yusay who allowed them to enter the property and allowed them to construct their house on the said property;
2. That with the knowledge and permission of the previous
owners, Spouses Yusay, the defendant’s family has been occupying the subject property since 1978. As such, Spouses Garcia built their family home and have made significant improvements to the structure over the years, without any opposition from Spouses Yusay;
3. That after the death of Carina Yusay, defendant and her late husband were informed by a representative of the Philippines National Banks (PNB) that the land on which their house was built was mortgaged by its previous owners and the same was foreclosed by the bank. The spouses, being the actual occupant of the land, were given by the PNB the right to acquire the property;
4. That Spouses Garcia seeks the financial assistance from Mr.
Norberto Abantao and from Mr. Charlie Galita in order to acquire the property from PNB. However, due to financial difficulties, Mr. Abantao and Mr.Galita discontinue paying the dues to PNB;
5. That the Spouses Garcia turned to their niece, plaintiff
Candelaria Malayang Yu sometime in 2009 to help in the acquisition of the parcel of land; 6. That it was agreed by the Spouses Garcia and the plaintiff that the latter would, in the meantime, pay PNB the purchase price of the property;
7. That it was likewise agreed that the Garcia family would
contribute to the down payment of the sale and reimburse plaintiff for all the subsequent payments made by her, including interest, when the Garcia family’s financial situation improves;
8. That on August 14, 2019, plaintiff received from defendant the
amount of Eighty-Six Thousand Pesos which the Garcia family’s contribution to the Three Hundred Seventy-Five Thousand Pesos down payment to PNB;
9. That the defendant’s continued occupation of the subject land,
was not a mere tolerance of the plaintiff, but by virtue of oral contract between her and her niece sometime in 2009;
10. That the was no verbal demand made by the plaintiff to the defendant, thus no reason for defendant and her family to vacate the premises;
11. That there was a withdrawal by the plaintiff of the prayer for the issuance of preliminary prohibitory injunction.
IV. STATEMENT OF THE ISSUE
The following issues in this case are respectfully submitted for
the consideration of the Honorable Court:
1. Whether the defendant has the right to compel the plaintiff to
recognize/admit the existence of the oral agreement entered into by her and the defendant;
2. Whether the defendant has the right to be reimbursed by the
plaintiff;
3. Whether the defendant is entitled to damages.
V. WITNESSES
Defendant will present the following witnesses:
1. Virginia A. Garcia;
2. Paul A. Garcia;
VI. DOCUMENTS TO BE PRESENTED
1. The receipt signed by the plaintiff, acknowledging her receipt
of Eighty-Six Thousand Pesos from the defendant;
2. Deed of Conditional Sale between PNB and plaintiff;
3. City of Treasurer’s Real Property Tax Receipts;
4. Photographs of the subject land with the improvements made
by the defendants;
5. Certificate of Indigency issued by the DSWD.
VII. RESERVATIONS
Defendants expressly reserve the right to present such
additional witnesses and other exhibits and evidence as the exigencies of the trial may require.
VIII. MANIFESTATION OF INTENTION TO AVAIL OF DISCOVERY PROCEDURES
At the appropriate time, Defendant intends to avail of
discovery procedures allowed by the Rules.
IX. APPLICABLE LAWS AND JURISPRUDENCE
1. Provisions of the New Civil Code;
2. Provisions if the Rules of Court;
3. Supreme Court’s Decisions relevant to this case.
MOST RESPECTFULLY SUBMITTED., Philippines. June 21, 2019
XXXXX Counsel for the Defendant Roll NO. 12345 PTR No.12345 IBP No. 12345 MCLS Compliance No 12345
