Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch 7, Davao City
EDHA JOY A. BANGOY, Civil Case No. R-DVO-16-
Plaintiff, 00639-SC
- versus - For: Recovery of Possession,
Damages and Attorney’s Fees.
HEIRS OF ROXANNE
MANGUBAT,
Defendants.
DEFENDANT’S
PRE-TRIAL BRIEF
Defendant, through undersigned counsel, respectfully submits
this Pre-trial Brief, and hereby states:
BRIEF STATEMENT OF FACTS
The defendant is the heirs of deceased Roxanne Mangubat. The
subject property of this case is a parcel of land covered by Original
Certificate of Title No. T-123145, located at Barrio of Mulig, Davao City.
Prior to Roxanne Mangubat’s demise, she and her son Hector
Mangubat occupied the said subject property since time immemorial
as an owner thereof. Sometime in August 2014, Roxanne Mangubat
acquired a loan from plaintiff Edha Joy A. Bangoy in the amount of
Php3,016,800. To secure said loan, Roxanne Mangubat offered the
subject property as collateral and surrendered to plaintiff the title to
the property. The parties did not execute a contract of loan as
instructed by the plaintiff. What they executed was a Deed of Absolute
Sale to which they agreed not to register, until Roxanne Mangubat has
defaulted from paying her obligation. Roxanne Mangubat died on June
25, 2016.
In December 6, 2019, plaintiff sent herein defendants a notice to
vacate demanding that the latter vacate the property, claiming she has
bought the property from the deceased Roxanne Mangubat prior to her
death.
At present, the defendants are the occupants of the subject
property.
PROPOSAL FOR AMICABLE SETTLEMENT
Plaintiff is amenable to settle the matter amicably within
reasonable terms.
ADMISSIONS
Only those admissions made in the Answer, as well as those that
may be made during the pre-trial are hereby admitted.
STATEMENT OF ISSUES
1. Whether or not the contract executed between the plaintiff and
the deceased Roxanne Mangubat is a valid contract of sale
2. Whether or not plaintiff is entitled to the possession of the
property
3. Whether or not defendant is liable for damages and attorney’s
fees
DOCUMENTS/EXHIBITS TO BE PRESENTED
Plaintiff will present the following documents/exhibits, to wit:
Exhibit Description Purpose
1 Judicial Affidavit of Hector To present the testimony of
Mangubat defendant as to the
ownership of the subject
property
2 Judicial Affidavit of Carlos To present the testimony of
Bartolome Carlos Bartolome as
neighbor of the Mangubats
3 Death Certificate of To prove the death of
Roxanne Mangubat Roxanne Mangubat
4 Davao Light Electric Bill To prove that Roxanne
Mangubat and her heirs are
the owners and occupants of
the subject property
5 Davao City Water District To prove that Roxanne
Water Bill Mangubat and her heirs are
the owners and occupants of
the subject property
6 Deed of Self-Adjudication To prove that Hector
Mangubat inherited the
property from Roxanne
Mangubat by intestate
succession
7 Original Certificate of Title To prove previous ownership
No. 1234 of the deceased prior to the
fraudulent transfer of the
plaintiff
Defendants reserve the right to present additional documents
during the trial as the need arises.
NUMBER OF WITNESSES AND ABSTRACT OF
TESTIMONIES
1. Hector Mangubat, defendant
2. Carlos Bartolome
Defendants reserve the right to present other witnesses during
the trial.
APPLICABLE LAWS AND JURISPRUDENCE
The applicable laws and jurisprudence include pertinent
provisions of the Civil Code, the Rules of Court, and Supreme Court
decisions applying and interpreting the provisions thereof.
AVAILABLE TRIAL DATES
The undersigned counsel for the defendant is available for trial
starting with the certain days for the months of February and March
2020 upon prior consultations with the court’s calendar.
Respectfully submitted this 14th of January, 2020 in Davao City,
Philippines.
For the Defendants:
ATTY. ANGELICA A. DEIPARINE
Deiparine Law Office
PTR No. 8171234B; 03-15-19; Davao City
IBP O.R. No. 987789 (Lifetime); 06-29-15; Davao City
IBP Life Member Roll No. 930315
Roll No. 717140
MCLE Compliance No. V-0014344 (07 March 2019)
Copy furnished:
ATTY. LARA AUREA L. DELOS SANTOS
Counsel for the Plaintiff
Bangkal, Davao City
Received by: ___________
Date Received: ___________
