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 DEFENDANT

Defendant, through Counsel to this Honorable Court respectfully submits herein
pre-trial brief, to wit:

STIPULATION OF FACTS
1. Defendant, offers for stipulation all the facts as alleged in the Answer, which
are hereto adopted to form as integral part of this pre-trial brief and further
propose the following facts to be admitted to wit:

a. That the defendant has been the lawful occupant of the property in
question, which is located at 1028 Ibarra St., Sampaloc, Manila for the
past thirty five (35) years.
b. That the defendant was given the permission to coccupy the said property
sometime in 1975 by the owner, MARIO JUAN.
c. That contrary to the plaintiffs allegations, the defendant received only one
(1) demand letter dated September 23, 2003 only, as opposed to a second
demand letter.

ADMISSION
1. The capacity to sue and to be sued is admitted.

POSSIBILITY OF SETTLEMENT
The Defendant is open and willing to engage in an amicable settlement
reasonable to the parties provided that the conditions shall not be contrary to law,
public policy, morals and customs.

APPLICABLE LAWS

The New Civil Code and the Rules of Court as amended and other related
laws as along as applicable in the case at bar, are hereto adopted to be
applicable in the instant case.

ISSUES

Whether or not, on the basis of the facts and circumstances as alleged in

the complaint, the plaintiff is entitled to the relief prayed for.

WITNESSES

The Defendant and one corroborative witness will be presented in court.

The Defendant and his witness will testify on the facts as alleged in the the
Answer, and will form part of their testimonies.

Witnesses who may arise in the course of the proceedings will likewise be
utilized as those for the defendant.

PRAYER

WHEREFORE, premises considered, it it most respectfully prayed that the

instant pre-trial brief be noted and admitted by this Honorable Court.

Other relief, just and equitable are likewise prayed for.

Manila, Philippines, August 04, 2011.

(Signed)
Atty. Alan D. Maligalig
Counsel for the Defendant
PTR No.070614
MCLE No. 54322-A
Roll of Attorney No. 35651
Maligalig, Mabalisa, & Associates
810 Kadiwa St., Quiapo, Manila 1001
admaligalig@hotmail.com

Copy Furnished:

Atty. Lani D. Mapacali

Mapacali, Mapalagay, & Associates
1820 Wainwright Ave., Manila 1006