REPUBLIC OF THE PHILIPPINES

National Capital Region

City of MANILA
MUNICIPAL TRIAL COURT
Branch No. _____

MARIA S. DALUZ
Plaintiff
-------- versus---------

Case No. CC-11-0621

For: Ejectment

PEDRO P. PALMA
Defendant
x------------------------x

PRE-TRIAL BRIEF FOR THE PLAINTIFF

COMES NOW PLAINTIFF, MARIA S. DALUZ, thru counsel, unto this Honorable
Court, most respectfully files this pre-trial brief as follows:

THE PARTIES
1. That plaintiff, Maria S. Daluz plaintiff is of age, and a resident of #15 44 th St.,
Brgy. South Forbes, Makati City where she may be served with summons
and other processes of this Honorable Court.

2. That defendant, Pedro P. Palma is is also of age, with residence and post
office address at 1028 Ibarra St., Sampaloc, Manila, where he may also be
served with summons, notices and other processes of thie Honorable Court.
FACTS OFTHE CASE
1. That the plaintiff is the absolute owner of that property located at 1028 Ibarra
St., Sampaloc, Manila, as stated in Transfer Certificate of Title No. 12345 as
per legal acquisition from the National Housing Authority.
2. That plaintiff has been deprived of her right to use, enjoy and possess the
premises of her duly acquired property as it has been unlawfully occupied by
the defendant
3. That the plaintiff has twice demanded for the defendant to vacate the
premises of the aforementioned property but the latter has refused to do so
for the past seven (7) years.
4. That due to the unlawful occupation of the defendant the plaintiff has suffered
actual damages of Five Hundred Twenty One Thousand Pesos (Php
521,000.00) in tax payments without having even gained possession of her
property; incurred litigation expenses amounting to Seventy Thousand Pesos
(Php 70,000.00), due to evident bad faith of the defendant; defendant should
also pay One Hundred Fifty Thousand Pesos (Php 100,00.00) in back lease
or rentals for the past seven (7) years of his unlawful possession and
occupation of the property; defendant must surrender and vacate the
premises of the aforementioned property; and, to provide for Fifty Thousand
Pesos (Php 50,000.00) in attorneys fees and the costs of this suit.

POSSIBILITY OF AMICABLE SETTLEMENT

a. The Plaintiff is willing to enter into an amicable settlement provided that
he will pay the tax dues on the property amounting to Five Hundred
Twenty One Thousand Pesos (Php 521,000.00) and rental arrears
amounting to One Hundred Fifty Thousand Pesos (Php 100,00.00)
and that he vacates the premises and surrenders the possession and
occupation of the property to the plaintiff as its lawful owner
immediately.
SUMMARY OF ADMITTED FACTS AND STIPULATION OF FACTS
Plaintiff proposes that the following be admitted by the Defendant:
a. That Maria S. Daluz the true and lawful owner of the property
situated at #1028 Ibarra St., Sampaloc, Manila as evidenced by
Transfer Certificate of Title No. 12345.
b. That Defendant has twice been demanded in writing to vacate
the said premise but he has refused to do so on both occasions.
ISSUES
a. Whether or not the Defendant unlawfully occupies and refuses
to vacate the premises of the Plaintiffs property.
b. Whether or not the Defendant is liable to pay actual damages,
rental arrears, litigation costs, and attorneys fees.
DOCUMENTARY EXHIBITS
a. Photocopy of Transfer Certificate Title no. 12345.

b. Demand letters sent to Defendant Pedro P. Palma

APPLICABLE LAWS
The Revised Rules of Court and the Civil Code of the Philippines.
Respectfully submitted.
Manila, July 25, 2011.

(Signed)
Atty. Lani D. Mapacali
Counsel for Plaintiff
PTR No.070613
MCLE No. 54321-A
Roll of Attorney No. 35650
Mapacali, Mapalagay, & Associates
1820 Wainwright Ave., Manila 1006
ldmapacali@gmail.com

Copy furnished with registered mail:

Atty. Alan D. Maligalig
Maligalig, Mabalisa, & Associates
810 Kadiwa St., Quiapo, Manila 1001

EXPLANATION

Service of copy to the Defendant and his counsel were done by registered mail
due to lack of manpower to effect personal service.

(Signed)
Atty. Lani D. Mapacali