REPUBLIC OF THE PHILIPPINES
6TH JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
Branch 1
Roxas City, Capiz
VIRGINIA OBLIGAR,
Plaintiff,
Civil Case No. V-3055
-versus-
For: ANNULMENT OF DEED
SPS. JOSEPH BESENIO, SR., and OF SALE; RECOVERY OF
MERCEDES BESENIO, POSSESSION AND OWNERSHIP
Defendants. WITH DAMAGES
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PRE-TRIAL BRIEF FOR THE PLAINTIFF
Plaintiff, through the undersigned counsel and unto this Honorable Court, most
respectfully submits her pre-trial brief, as follows:
1. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
Plaintiff is open into any amicable settlement under reasonable terms and
conditions as may be discussed in the mediation proceedings and all
throughout the proceedings of this case.
2. VERSION OF FACTS FOR THE PLAINTIFF
On 5th January 1998, Plaintiff and her deceased spouse ERNESTO OBLIGAR
owned a parcel of land in Brgy. Tanza, Roxas City, Capiz (previously covered
by TCT No. T-36409) now registered in the name of the Defendants.
Recently this 18th February 2021, Plaintiff learned that her TCT, previously
TCT No. T-36409, under the name ERNESTO OBLIGAR (deceased) and
VIRGINIA OBLIGAR (Plaintiff), covering the above mentioned parcel of land
was cancelled by virtue of a Deed of Absolute Sale dated April 14, 2003
allegedly executed by the Plaintiff in favor of the Defendants.
On 25th May 2022, Plaintiff went to the Register of Deeds of Roxas City to
verify the Deed of Absolute Sale. She then confirmed that her TCT was
cancelled by virtue of said Deed of Sale in favor of the Defendants.
Plaintiff denies the due execution of the Deed of Absolute Sale dated April
14, 2003 in favor of the Defendants because Plaintiff and her deceased
husband was in fact in Brgy. Buri, Mandaon, Masbate since the year 2002
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to 2019. In fact, her husband ERNESTO OBLIGAR, died in Masbate on 25 th
June 2014. According to Plaintiff, she and her husband could never have
signed the Deed of Absolute Sale dated April 14, 2003 executed in Roxas
City, Capiz, because they stayed in Masbate since the year 2002 to 2019,
and was never physically present in Roxas City, Capiz during that period.
Plaintiff firmly believes that her and her husband’s signatures were forged
in that Deed of Absolute Sale dated April 14, 2003. A comparison of the
Identification Card of the Plaintiff reveals discrepancy in the signature
between the Deed of Absolute Sale and the Identification Card.
Defendants are now in physical possession of the subject property.
3. PROPOSED STIPULATION OF FACTS
Plaintiff is willing to stipulate facts, both Plaintiff’s and Defendants’, as may
be stipulated on the pre-trial conference.
4. DOCUMENTARY EXHIBITS. The following are the documentary evidence for
the Plaintiff:
DOCUMENTARY EXHIBITS PURPOSE
EXHIBIT “A” – Copy of the recent Tax To prove the identity of the subject
Declaration; property; to prove that Defendants
EXHIBIT “A-1” - Certified True Copy of cancelled TCT No. T-36409 based on a
TCT No. T-36409 dated February 18, spurious Deed of Absolute Sale;
2021 with a watermark “CANCELLED”;
EXHIBIT “B” – Certified True Copy of To prove that the signatures of
the Deed of Absolute Sale dated April ERNESTO OBLIGAR and VIRGINIA
14, 2003 executed at Roxas City from OBLIGAR were forged as they did not
the Register of Deeds of Capiz; execute any Deed of Sale pertaining to
the subject property;
EXHIBIT “C” – Copy of the Voter’s To prove that Plaintiff and her
Certification of ERNESTO OBLIGAR; deceased spouse were residents of
Masbate and not Roxas City; they were
EXHIBIT “D” - Barangay Certification never present in Roxas City during the
stating that Mr. ERNESTO OBLIGAR time that the Deed of Absolute Sale in
and Mrs. VIRGINIA OBLIGAR were question was executed; to prove that
residents of Purok Sunflower, Plaintiff and her deceased husband did
Barangay Buri, Mandaon, Masbate not execute any Deed of Sale over the
from the year 2002 to 2019 issued by subject property;
Hon. MARGARITO R. MANSAYON;
EXHIBIT “D-1” – Copy of the Death To prove that ERNESTO OBLIGAR was a
Certificate of ERNESTO OBLIGAR; resident of Masbate and was never
present in Roxas City;
EXHIBIT “E” – Copy of the ID of the To prove that the signature in the
Plaintiff with her signature thereon; Deed of Absolute Sale in question was
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forged;
EXHIBIT “F” – Copy of the Demand To prove that earnest efforts were
Letter thru Counsel; exerted by the Plaintiff to settle the
matter, but to no avail;
EXHIBIT “G” – Copy of the Legal To prove that Plaintiff incurred
Contract damages as a result of vindicating her
rights’
5. WITNESSES TO BE PRESENTED. The following are the witnesses for the
Plaintiff:
WITNESSES TO BE PRESENTED NATURE OF TESTIMONY
VIRGINIA OBLIGAR To prove that she is the owner of the
subject property; that the Deed of Sale
dated April 14, 2003 is spurious; that
her and her deceased husband’s
signature thereon was forged; and to
recover possession of the same from
Defendants;
HILDA O. TUBAO To corroborate the testimony of the
and Plaintiff;
JR A. OBLIGAR
HON. MARGARITO R. MANSAYON To testify as to the due execution and
(Reserved Witness) Brgy. Captain of authenticity of the Brgy. Certification
Brgy. Buri, Mandaon, Masbate attached to this complaint dated June
13, 2022;
OTHER RESERVED WITNESS (As may To corroborate Plaintiff’s testimony
be determined on the Pre-Trial and to testify on other material
Conference) relevant facts;
6. ISSUES
Whether or not Plaintiff is the lawful owner of the parcel of land subject of
this case.
Who among the parties is entitled to damages?
7. TRIAL DATES
At the convenience of the Honorable Court.
Respectfully submitted.
November 08, 2022
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Kalibo, Aklan to Roxas City
ATTY. JANMAR BARRIOS
Counsel for the Plaintiff
IBP No. 165625 (valid until 31/12/2022)/ Aklan Chapter
PTR No. 7709028 (valid until 31/12/2022) / Aklan
MCLE Compliance No: VII-0013944
Roll of Attorney’s No. 74526
0390 L. Barrios Street, Poblacion, Kalibo, Aklan
E-mail: barriosjanmar@yahoo.com
Cp No. 0929 517 9616
Copy furnished by registered mail:
ATTY. GILBERT A. BERJAMIN
Counsel for the Defendants
G/F Albar Bldg., Magallanes St.,
Roxas City, Capiz
EXPLANATION
Due to the distance and lack of messenger to effect personal service, the
foregoing pleading is served by registered mail in lieu of personal service.
ATTY. JANMAR BARRIOS
Counsel
