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PTB Cataytay

This document is the pre-trial brief submitted by the defendant Felix Cataytay in the case of Josefina R. Hermosa v. Sps. Edgardo and Josephine Geollina, et al. for ejectment. The defendant argues that he owns the lot where his house is located, not the plaintiff's lot, and presents evidence including tax declarations and a survey to support this. The defendant proposes stipulations of facts and identifies the issues as whether the plaintiff has a valid cause of action against the defendant and whether the defendant occupies the plaintiff's lot. The defendant reserves the right to present additional testimony and documents at trial.

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57 views3 pages

PTB Cataytay

This document is the pre-trial brief submitted by the defendant Felix Cataytay in the case of Josefina R. Hermosa v. Sps. Edgardo and Josephine Geollina, et al. for ejectment. The defendant argues that he owns the lot where his house is located, not the plaintiff's lot, and presents evidence including tax declarations and a survey to support this. The defendant proposes stipulations of facts and identifies the issues as whether the plaintiff has a valid cause of action against the defendant and whether the defendant occupies the plaintiff's lot. The defendant reserves the right to present additional testimony and documents at trial.

Uploaded by

giovanni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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1

Republic of the Philippines


MUNICIPAL TRIAL COURT
7th Judicial Region
San Fernanado, Cebu

JOSEFINA R. HERMOSA
Plaintiff,

-versus- Civil Case No: R-58027


FOR: EJECTMENT

Sps. Edgardo and Josephine Geollina


Marivic Lariosa; Angela Casa;
Maria Luisa Lazaga; Susan Catalan
Lando Mariao; Sps. Junjun and Edna Villafuerte
And Sps. Felix and Evelin Lopez Cataytay
Defendant,
x-------------------------------------------//

DEFENDANT’S PRE-TRIAL BRIEF

Defendant Felix Cataytay, through undersigned counsel, and unto this


Honorable Court, most respectfully submits this Pre-Trial and states that:

A. POSSIBILITY OF AMICABLE SETTLEMENT

Defendant is willing and open to enter into an amicable settlement


with regards only to financial support.

B. BRIEF STATEMENT OF FACTS

Plaintiff claims that he owns Lot 1548 as stated in the Tax Declaration
declared in his name with an area of 3,204 square meters. However, in the
Deed of Absolute Sale that is attached in her complaint, her ownership is
limited only to ½ of Lot 14548;

In the same manner, the herein defendant is the owner of Lot 14549 where
his house is located. He has a tax declaration of the lot where his house is
located and is declared under the name of his wife under Tax Declaration
No. 16322 with an area of 1,081 square meters.

Likewise, the herein defendant had made a relocation survey in his lot
through the Geodetic Engineer in the person of Atty. Reuel Pintor. The
relocation survey shows that the house of the herein defendant is located
inside his lot and not the lot of the plaintiff.
2

Moreover, the wife of the herein defendant had applied for a Free Patent
Application on his lot under FPA No. 072241-1975 and had been granted
with a free patent by the DENR-CENRO with Patent No. 3379323 under the
name of his wife Evelyn Lopez.

That the herein defendant also submitted a letter to DENR-CENRO


informing the latter to hold any transaction by plaintiff on the subject lot
because there is conflict between her lot and the defendant’s lot.

PROPOSE STIPULATION OF FACTS.

1) Will the Plaintiff admit that defendant Felix Cataytay did not
occupy Lot 1548?

2) Will the Plaintiff admit that defendant Felix Cataytay’s


residence is located in the lot of the latter?

3) Will the Plaintiff Admit that his ownership of the subject lot is
only limited to ½ of the lot?

C. ISSUES

1) Whether or not plaintiffs had cause of action against the herein


defendant?

2) Whether or not defendant occupy a portion of the Lot of the


plaintiff?

D. DOCUMENTARY EVIDENCE TO BE PRESENTED.

a) Tax Declaration No. 16322;


b) Relocation survey by Geodetic Engineer in the person of Atty.
Reuel Pintor;
c) Certification from DENR-CENRO-Argao
d) Letter to hold transaction by the wife of Felix Ctaytay

Defendant reserve the presentation of his Judicial Affidavit and that of


the witnesses and other documents which may be become relevant in
the full blown hearing of this case;

.
3

E. TESTIMONIAL EVIDENCE

a) Testimony of the Defendant

Defendants reserves the right to present other witnesses as may become


necessary in the course of the proceedings of this case.

Respectfully submitted. September 19, 2019

ATTY. GIOVANNI D. SUSUSCO


IBP NO. AR55344831/12/13/2018/ 0Cebu City
PTR No. 3297652/ 01-03-2019/ Talisay City
Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007
MCLE COMPLIANCE NO. V-0008256

COPY FURNISHED:

ATTY. MARK PHILIP OPADA


Counsel for the Plaintiff
MONTECLAR SIBI and TRINIDAD LAW OFFICES
G/F Eastern Shipping Lines, Bldg.,
6000, Cebu City

EXPLANATION:

A copy of this Pre-Trial Brief was furnished to plaintiff through counsel by


mail due to distance constraint and lack of personnel.

Atty. Giovanni Sususco

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