Republic of the Philippines
REGIONAL TRIAL COURT
11TH Judicial Region
Branch 20
Tagum City, Davao Del Norte
DIONESIA COCKROACH Civil Case No. 9876-09
Plaintiff
-versus- For Recovery of Possession and
Ownership of Land
PAPA SMURF
Defendant
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PRE-TRIAL BRIEF
PLAINTIFF, through counsel, to this Honorable Court, respectfully
submits this Pre-Trial Brief as follows:
A. STATEMENT OF FACTS AND CASE
This is a complaint seeking to recover possession and ownership over a
piece of land located at Barangay San Vicente, Panabo City, named
before Freddie Cockroach, under Transfer Certificate of Title (TCT)
13935.
Plaintiff Dionesia Cockroach is the legal spouse of the late Freddie
Cockroach. Their marriage took place on July 8, 1996.
Sometime on December 2008, the late Freddie Cockroach acquired the
above parcel of land.
On October 4, 2012, Freddie Cockroach sold the subject parcel of land to
Papa Smurf as evidence by the Deed of Absolute Sale. However, such
sale was without the consent of the plaintiff. Hence, void.
Repeated written and verbal demands were given to the defendant,
Papa Smurf, but the latter refused to vacate and convey the land to the
plaintiff.
The continuing failure and refusal of the defendant to vacate and convey
the land to the plaintiff compelled the latter to file this case against the
defendant.
B. WILLINGNESS TO ENTER TO AMICABLE SETTLEMENT
Plaintiff is willing to enter into amicable settlement, provided it is on just
and reasonable grounds.
C. ADMITTED FACTS
All allegations indicated in the pleadings submitted by the plaintiff.
D. PROPOSED STIPULATION OF FACTS
As provided under Rule 26 on the Rules of Civil Procedure, plaintiff
requests defendants to admit the genuineness and due execution of the
Deed of Absolute Sale within fifteen (15) days after service thereof,
otherwise, the same shall be deemed admitted.
Plaintiff also proposed to stipulate on the following fact:
1. Plaintiff’s consent was not obtained during the sale of the subjected
piece of land.
E. PROPOSED ISSUES TO BE RESOLVED
1. Whether or not the Deed of Absolute Sale is valid?
2. Whether or not defendant is obliged to vacate and return the subject
parcel of land to the plaintiff?
F. DOCUMENTARY EVIDENCE
Plaintiff requests the markings as exhibits of the following documents:
1. Transfer Certificate of Title (TCT) 13935 (Exhibit A)
2. Deed of Absolute Sale (Exhibit B)
G. AVAILMENT OF MODE OF DISCOVERY
Plaintiff reserves the right to avail of the modes of discovery in addition
to the aforementioned request for stipulation.
H. APPLICABLE LAWS AND JURISPRUDENCE
The plaintiff grounds its claims on the Provision of the Family Code of the
Philippines, in consonance with the New Civil Code and the 1997 Rules
on Civil Procedure.
I. POSSIBILITY OF AMICABLE SETTLEMENT
Plaintiff is amenable to a reasonable settlement.
J. RESERVATION
Plaintiff reserves the right to present additional oral and documentary
evidence as may become necessary in the course of trial.
K. SPECIFIC 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.
Respectfully submitted.
March 20, 2020, Panabo City, Davao del Norte.
Atty. Antonio Banderas
Counsel for Plaintiff
PTR No. 8884567, Panabo City,
1/2/20
IBP OR No. 688821, Panabo City,
1/2/17
Attorney’s Roll No. 11882
MCLE Compliance Certificate No. IV-
0025415, Pasig City, 1/2/20
Copy Furnished:
Municipal Trial Court
Panabo City
Atty. Pirmi B. Manalo II
Counsel for the Defendant
Tagum City
EXPLANATION
Copies of the foregoing Brief were served to the Defendant’s counsel
through registered special mail considering the address of the
undersigned counsel and the defendant’s counsel. Moreover, the office
of the undersigned has no personnel to effect personal service to the
defendant.
Atty. Antonio Banderas
Counsel for Plaintiff
