Republic of the Philippine

REGIONAL TRIAL COURT OF LANAO DEL NORTE

12th Judicial Region
Hall of Justice, Iligan City
Branch 05

SHAMANTHA IMPERIAL,
Plaintiff, CIVIL CASE NO. 6830
-versus- for- Quieting of Title,
Annulment of Deed of Absolute
SHAWNDRINO VILLALOBO. Sale, Cancellation of TCT No.
AND REGISTRY OF DEEDS 123-12345678901,
FOR ILIGAN CITY represented Reconveyance and Damages
by JOERICH MILA CUEVAS,
Register of Deeds of Iligan
City
Defendants.

x-------------------------------------------------x

PLAINTIFF’S
PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits unto this Honorable

Court her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

In order to forego the long and tedious court litigation, the

plaintiff is willing to settle this case based on the following terms and
condition, viz:

1. The defendant shall respect and recognize the plaintiff’s

ownership of the subject property Transfer Certificate of Title
(TCT) No. T-29849 (a.f); and
 2. The defendant shall vacate, turn-over the possession of the
subject property in question, and shall desist from entering the
same.

II. STATEMENT OF ADMITTED FACTS

1. The identity of the subject property and the personal identity and
circumstances of the parties;
2. The plaintiff further admits the facts stated in his complaint only.

III. INTENTION TO AVAIL OF THE MODES OF

DISCOVERY

The plaintiff manifests her willingness to avail the different modes of

discovery.

IV. ISSUES TO BE TRIED

1. Whether or not the sale purported sale contracted by the defendant is

valid or has a source of legal right.

2. Whether or not the defendant’s claim over the subject property has a
legal basis;

3. Whether or not defendant would be obligated to acknowledge the

plaintiff’s rights of ownership over the subject property and
surrender the same.

V. EXHIBITS MARKED AS DOCUMENTS TO BE

PRESENTED

EXHIBIT A BIRTH CERTIFICATE OF THE PLAINTIFF

PURPOSE: To prove her equitable interest and right of the
plaintiff over the subject property as the only heir of
Sps. Magnus and Maria Imperial.

EXHIBIT B DEATH CERTIFICATE OF MAGNUS

IMPERIAL
EXHIBIT C DEATH CERTIFICATE OF MARIA IMPERIAL
PURPOSE: To prove the death of Sps. Imperial.

EXHIBIT D Transfer Certificate of Title (TCT) No. T-29849 (a.f)

PURPOSE: To prove the legal right and ownership of the
plaintiff over the subject property.

EXHIBIT E THE DEED OF SALE BETWEEN SPS.

IMPERIAL AND THE DEFENDANT
 EXHIBIT F AFFIDAVIT OF DENIAL OF MARIA IMPERIAL
PURPOSE: To prove that the signatures of Sps. Magnus and
Maria Imperial were forged in the Deed of the Sale
and the Contract of Sale between the Sps. Imperial
and the Defendant was null and void.

EXHIBIT G PHOTOGRAPHS OF THE DEFENDANT’S

CONTINUED ENTRY TO THE SUBJECT
PROPERTY
PURPOSE: To prove that the defendant entered and continue to
enter the subject property without the consent of the
plaintiff.

The plaintiff reserves her right to present other documents not herein listed
as may be deemed necessary.

VI. WITNESS TO BE PRESENTED

The plaintiff will be presenting the following witnesses:

1. The plaintiff herself – To testify regarding the unlawful continued

possession by the defendant of the subject property;

2. Trish Tan – To testify material allegations of the Complaint.

Upon showing of good cause, the plaintiff hereby reserves the

presentation of five (5) witnesses.

VII. TRIAL DATES

The plaintiff would depend on the dates agreed upon during the pre-
trial.

December 1, 2017, Iligan City, Philippines.

ATTY. SHIELALAH JING A. AGWANTAHI

Counsel for Plaintiff
VENCEREMOS LAW OFFICE
Room 202-203, 2F Garden Bldg.
Sabayle, Iligan City
copy furnished to:
ATTY. NATASHJA ERIKA P. TORRES
Counsel for Defendant
PEARSON, SPECTER, LITT LAW OFFICE
Suite 302-305, 15F The Suits Tower.
Poblacion, Iligan City

ATTY. JOERICH MILA CUEVAS

Registry of Deeds
Iligan City