Republic of the Philippines
Third Judicial Region
MUNICIPAL TRIAL COURT
Guagua, Pampanga
Branch 1
SPOUSES ROLITO P. FAJARDO and CIVIL CASE NO. 22-3846
ANN T. FAJARDO (for herself and on For: Recovery of Possession
behalf of ROLITO P. FAJARDO) and Damages
Plaintiff/s,
- versus -
MACOY RIVERA, NORAIDA G.
RIVERA, EDELAIDA GUANLAO,
TEDDY GUMIN, RONALD GUMIN
and ANY AND ALL PERSONS
CLAIMING RIGHTS UNDER THEM
Defendants.
x-------------------------------------------x
PRE-TRIAL BRIEF FOR THE DEFENDANT
WITH UTMOST DEFERENCE TO THE HONORABLE COURT:
Plaintiffs, SPOUSES ROLITO P. FAJARDO and ANN T. FAJARDO
(for herself and on behalf of ROLITO P. FAJARDO), thru the
undersigned counsel, unto this Honorable Court, most respectfully submits
this Pre-Trial Brief, as follows:
A. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1. Plaintiffs are open to settling this dispute amicably, subject to a
concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from defendants, and submit to
alternative modes of dispute resolution.
B. SUMMARY OF ADMITTED FACTS AND PROPOSED
STIPULATION OF FACTS
1. Plaintiff Spouses are the absolute and registered owners of a
parcel of land covered by Transfer Certificate of Title (TCT) No.
042-2022002278 (“Subject Property” for brevity);
2. Plaintiff Spouses derived their title by virtue of a Deed of Extra-
Judicial Settlement of Estate with Deed of Absolute Sale
executed by the Delly Nuqui Tadeo, Rita Nuqui Manalac, Fely
Nuqui Paulino, and the heirs of Lilibeth Nuqui Roque: Jimmy
Roque, Jay Mark Nuqui Roque, Nasser Nuqui Roque and
Janeberly Nuqui Roque executed in favor of Plaintiff Ann
Tadeo Fajardo dated August 19, 2021, heirs of the late Tomas
Nuqui and Apolonia Sarmiento Nuqui;
3. Subject Property was previously registered in the name of
Tomas C. Nuqui under Transfer Certificate of Title (TCT) No.
357 / Emancipation Patent (EP) No. 035983 on November 15,
1983;
4. A relocation survey was conducted on January 25, 2021 by
Engr. Edgardo A. Ocampo to determine the metes and bounds
of the Subject Property bought by herein Plaintiff Spouses;
5. The technical description of Lot No. 50 of Plan No. Psd-03-
015645 and the property described in Transfer Certificate of
Title (TCT) No. 357 (now TCT No. 042-2022002278 are one and
the same;
6. The properties of herein defendants are found within the
Subject Property;
C. ISSUES TO BE TRIED
1. Whether or not Plaintiff Spouses are entitled to the possession of
the Subject Property considering their absolute ownership over
it;
2. Whether or not the damages should be awarded to the Plaintiff
Spouses for the unjust refusal of the Defendants to peacefully
vacate the Subject Property;
D. EXHIBIT MARKED AS DOCUMENTS TO BE PRESENTED
EXHIBIT NATURE OF DOCUMENTS PURPOSE
A Sketch/Special Plan for Lot - To prove that the
50, Psd-03-015645 technical description as
appearing in Lot 50 Psd-
03-015645 and in TCT
No. 357 are one and the
same
A-1 Certification as appearing in - To show the existence of
the Sketch/Special Plan houses within the Subject
Property
B Certified True Copy of - To prove that the
Transfer Certificate of Title existence of the technical
(TCT) No. 357/ description of the Subject
Emancipation Patent (EP) Property and Tomas
No. 035983 Nuqui’s previous
ownership thereof
C Certified True Copy of Plan - To prove the similarity
No. Psd-03-015645 between the technical
description between Lot
50 Psd-03-015645 and
TCT No. 357
D Certified True Copy of - To prove that the
Transfer Certificate of Title Subject Property is
(TCT) No. 042-2022002278 registered in the name of
herein plaintiff spouse,
Ann T. Fajardo and its
existence
E Complaint for Recovery of - To prove the
Possession with Damages participation of
plaintiff/spouse Ann T.
Fajardo in the instant
case
F Certificate of Marriage - To prove the marriage
between herein Plaintiff
Spouses.
G Special Power of Attorney - To show that Plaintiff
Spouse Ann T. Fajardo
was duly authorized by
her spouse Rolito P.
Fajardo to represent him
in this case
G-1 Signature of Plaintiff Ann T. - To prove that she duly
Fajardo as appearing above accepted the authority
her name in the Special conferred to her in the
Power of Attorney Special Power of
Attorney
H Extrajudicial Settlement of - To prove Plaintiff
Estate with Absolute Sale Spouses’ absolute
dated August 19, 2021 ownership over the
Subject Property
H and Acknowledgement Receipts - To prove that Plaintiff
series Spouses have duly paid
the heirs of the previous
registered owner
I Tax Declaration - To prove that the
Plaintiff Spouses have
ownership over the
Subject Property as the
same is declared under
Plaintiff Spouse Ann T.
Fajardo’s name
I-1 P20,200.00 value of the - To prove that the
Subject Property as Honorable Court has
appearing in the Tax jurisdiction over the
Declaration instant case
J Certificate to File Action - To prove compliance to
a condition precedent
K Demand Letter dated July - To prove that written
12, 2021 by Atty. Romeo B. demands were sent to
Torno, plaintiffs previous defendants to voluntarily
counsel vacate the Subject
Property
E. WITNESSES TO BE PRESENTED
1. Engr. Edgardo Ocampo – to testify that conducted a relocation
survey over the Subject Property and found out that Lot 50 Psd-
03-015645 and the property covered by TCT No. 357 points out to
the Subject Property. Likewise, he will testify on the fact that
based on his relocation survey, the defendants are found to be
within the Subject Property;
2. Plaintiff Ann T. Fajardo – to testify that she is one of the plaintiffs
in this case, to prove her and her co-plaintiffs’ absolute and
registered ownership over the Subject Property, her authority to
represent her co-plaintiff spouse, the jurisdiction of this
Honorable Court based on the assessed value as appearing in the
Tax Declaration, the fact of conduct of a relocation survey by
Engr. Edgardo Ocampo, the compliance of herein plaintiffs to a
condition precedent of barangay conciliation, the fact that the
defendants’ houses are found within the Subject Property, the fact
that verbal and written demands were sent to defendants to
voluntarily vacate the Subject Property and other matters relative
to the instant complaint.
3. Plaintiffs reserve the right to present other witnesses not herein
enumerated as deemed necessary.
F. AVAILABILITY FOR TRIAL
The Plaintiffs respectfully inform this Honorable Court of their
willingness to proceed to an actual trial of the case whenever necessary
at the convenient time to the parties and the calendar of this tribunal.
WHEREFORE, premises considered, it is respectfully prayed unto
this Honorable Court that the foregoing Pre-Trial Brief be duly noted.
RESPECTFULLY SUBMITTED.
Tarlac City for Guagua, Pampanga. 26 September 2022.
LADISLAO AND CAPULONG LAW OFFICE
Counsel for the Plaintiffs
Block 2, Champaca Street, Barangay San Vicente
2300 Tarlac City, Tarlac Province
Tel. No. (045) 925-6541
E-Mail: ladislaobriones@gmail.com
By:
ATTY. SHERON C. BIASE
Roll of Attorney’s No. 74427
IBP Receipt No. 198533; 11 January 2022; Tarlac
PTR No. 5432588; 07 January 2022; Tarlac City
MCLE No. _____________
sheronbiase2020@gmail.com
Notice
To the Branch Clerk of Court
MUNICIPAL TRIAL COURT
Guagua, Pampanga
Branch 1
Greetings!
Please submit the foregoing pre-trial brief for the
consideration of the Honorable Court immediately upon receipt hereof.
Thank you.
LADISLAO AND CAPULONG LAW OFFICE
Counsel for the Plaintiffs
Block 2, Champaca Street, Barangay San Vicente
2300 Tarlac City, Tarlac Province
Tel. No. (045) 925-6541
E-Mail: ladislaobriones@gmail.com
By:
ATTY. SHERON C. BIASE
Roll of Attorney’s No. 74427
IBP Receipt No. 198533; 11 January 2022; Tarlac
PTR No. 5432588; 07 January 2022; Tarlac City
MCLE No. _____________
sheronbiase2020@gmail.com
Copy Furnished:
ATTY. ROLLETO T. ARCE
Counsel for the Defendants
Data Bldg., Capitol Blvd., San
Fernando City, Pampanga
EXPLANATION
Copies of the foregoing pleading were sent to the Defendants’
counsel through the registered mail due to lack of time, distance and
messengerial services.
SHERON C. BIASE
