Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 68
Pasig City
VANNY S. ACOSTA,
Plaintiff,
Civil Case No: R-TAC-17-0799-CV
For: RECOVERY OF POSSESSION
OF REAL PROPERTY
-versus-
HUBERT JOHN F. BAUTISTA,
Defendant.
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PRE-TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits her Pre-Trial Brief, as
follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a
concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from defendant.
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff
respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of amount due and
owing to plaintiff and, second, a schedule of payments.
II. ADMITTED FACTS
2.1. Plaintiff admits the personal circumstances of the parties as
stated in the Complaint and Answer.
2.2. Plaintiff further admits the facts stated in her Complaint only.
III. PROPOSED STIPULATION OF FACTS
3.1. Plaintiff proposes the following facts to be admitted by the
Defendant, to wit:
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3.1.1 Plaintiff’s ownership over the subject property as evidenced by a
Deed of Absolute Sale dated ______ . The subject property was
bought by the Plaintiff from Cecilia G. Lampong.
3.1.2 Defendant and his family were illegal settlers in the said parcel
of land.
3.1.3 The parties came to an agreement that Plaintiff will allow the
Defendant to stay in the subject property in the meantime while she
was still not using the property, subject to the condition that
Defendant will vacate the property upon demand when her need of
the property arises.
3.1.4 Sometime in January 2017, Plaintiff conveyed to Defendant her
plan to make use of the property for her and her family, and thus
asked if the defendant could then vacate the said property. Defendant
refused to vacate the property and insisted on staying thereon.
3.1.5 When Defendant was asked to show his proof of purchase of
said land or any instrument to that effect, Defendant failed to produce
such proof or document.
3.1.6 The Contract of Sale attached to Defendant’s Answer is
fabricated.
3.1.7 Defendant received a demand letter addressed to him
demanding that he vacate the property giving them fifteen days from
receipt within which to do so.
3.1.8 That no case or adverse claim has ever been filed by the Plaintiff
against the Defendant prior to the filing of this case.
IV. ISSUES TO BE TRIED
4.1. The Plaintiff proposes the following issue to be tried and resolved
by this Honorable Court:
4.1.1 Whether or not Defendant is a possessor in good faith and for
value.
4.1.2 Whether or not Defendant has legal rights over the property in
litigation.
V. EVIDENCE
5.1. Plaintiff intends to present the following documents:
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5.1.1 Deed of Absolute Sale executed by Cecilia G. Lampong in favor of
the Plaintiff, Vanny S. Acosta with the marital consent of her husband
Gary F. Lampong. This will be presented to prove that the land in
question was lawfully acquired by Plaintiff.
5.1.2 Acknowledgement Receipt signed by Spouses Lampong as the
seller. This will be presented to prove that full payment of Two
Hundred Fifty Thousand Pesos (P 250,000) was received by them
which was given by the Plaintiff.
5.1.3 Certificate of Transfer Title No. 57530 in the name of Cecilia G.
Lampong along with the Tax Declaration, Sketch Plan, Site Location
Map and O.R. of the payment of the Real Property Tax. This will be
presented to prove that Cecilia G. Lampong was the former owner of
the property purchased by Ms. Vanny S. Acosta, and that all the rest
of the documents, being in its original form are handed by the former
to the latter.
5.1.4 Copy of the demand letter dated January 31, 2017 made by
Plaintiff’s lawyer which was sent to Hubert John F. Bautista. This will
be presented to prove that Plaintiff exerted effort to settle the dispute
amicably and that a consideration to vacate the property was offered.
5.1.5 Registry Return Card dated February 9, 2017. This is to prove
that the demand letter was sent to the known address of Hubert John
F. Bautista.
5.1.6 Plaintiff reserves the right to present additional documentary
evidence that may become available only during the trial proper.
5.2. Plaintiff intends to present the following witnesses:
5.2.1 Vanny S. Acosta – the plaintiff herself, who will testify on his
ownership of the land in question and will identify the present
documentary evidence in relation to the land.
5.2.2 Fe P. Lim – the plaintiff’s former secretary who will testify on
the validity of the Deed of Absolute Sale executed by the vendor,
identify the present documentary evidence in relation to the land and
the payment of the consideration of Two Hundred Fifty Thousand
Pesos (P 250,000).
5.2.3 Macario D. Felipe – the current Post Master of Pasig City,
Manila and the former delivery boy of the said post office at the time
the demand letter were sent to Hubert John F. Bautista, who will
testify that the demand letters were delivered at the known address of
the Defendant.
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5.2.4 Plaintiff reserves the right to present additional testimonial
evidence as the exigencies of the trial may require.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, plaintiff does
not intend to avail of discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to
discovery before trial.
VII. AVAILABILITY FOR TRIAL
7.1. The Plaintiff respectfully informs this Honorable Court of her
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.
RESPECTFULLY SUBMITTED.
Pasig City, 18 March 2018.
ATTY. MARIZA R. OCAMPO
Counsel for the Plaintiff
Ocampo & Partners Law Offices
Ramos Bldg. Real St., Pasig City
Attys. Roll No. 12345/ 1-1-06
PTR No. 12345/1-03-17 Makati City, Metro Manila
IBP O.R. NO. 7654321/01-01-17, Manila Chapter
MCLE COMPLIANCE NO.: V-0001111/01-01-2014
Phone No: 09171234567
Email: attymocampo@yahoo.com
Copy furnished through personal service:
ATTY. MAKI P. PERA
Counsel for Defendant
123, Real Street, Pasig City
