REPUBLIC OF THE PHILIPPINES National Capital Region City of MANILA

MUNICIPAL TRIAL COURT Branch No. _____

MARIA S. DALUZ Plaintiff -------- versus--------PEDRO P. PALMA Defendant x------------------------x Case No. CC-11-0621 For: Ejectment

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