Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Regional Trial Court- Branch 30
Basey, Samar

PEARL CARYL C. CADAVIS, CIVIL CASE NO. 2016-00310-

CV
Plaintiff,

FOR: RECOVERY OF
OWNERSHIP AND
-versus- POSSESSION OF REAL
PROPERTY WITH PRAYER
FOR DAMAGES

JOVANY DAMAYO,
Defendant.
x--------------------------------------------x

PRE-TRIAL BRIEF

COMES NOW, the plaintiff thru the undersigned counsel unto

this Honorable Court, hereby files the foregoing pre-trial brief and in
support thereof most respectfully avers that:

I. STATEMENT OF WILLINGNESS TO ENTER INTO

AMICABLE SETTLEMENT OR ALTERNATIVE MODES
OF DISPUTE RESOLUTION

The plaintiff is willing to have this case amicably settled or

enter into any alternative modes of dispute resolution in a manner
that is desirable to both parties.

II. SUMMARY OF ADMITTED FACTS

 The plaintiff admits only those which are stated in her
complaint.

III. PROPOSALS FOR ADMISSIONS AND STIPULATION

OF FACTS

1. The subject parcel of land was previously owned by the

defendant, prior to May 7, 1981;

2. On May 7, 1981 defendant executed a Deed of Absolute Sale in

favor of the plaintiff conveying Lot No. 123-A;

3. The defendant remained in possession of the subject property

as the administrator thereof;

4. Defendant’s possession of the subject property was by the mere

tolerance of the plaintiff;

5. Plaintiff left to work abroad on 1982 and left the property

behind in the care of defendant;

6. Plaintiff returned to the Philippines sometime in the year 2014;

7. Defendant constructed a concrete house and other

improvements on the subject property without the consent of
the plaintiff;

8. When plaintiff went to the subject property on July 20, 2014,

there was a confrontation between her and the defendant
regarding the concrete house and improvements defendant
constructed therein;

9. Defendant claims that the Deed of Absolute Sale dated May 7,

1981 is a mere forgery;

10.On August 15, 2016 defendant received a Notice to Vacate

dated August 13, 2016 from the plaintiff to cease from
exercising rights of ownership over the subject property and to
vacate the same, within fifteen (15) days from receipt of the
letter;

11.Despite plaintiff’s demand, defendant refuses to vacate the

subject property to this day;
 12.There was a confrontation between the parties before the
Lupon ng Tagapamayapa of Brgy. Lawa-an, Basey, Samar;

13.The parties failed to settle amicably before the Lupon ng

Tagapamayapa;

IV. ISSUES TO BE RESOLVED

1. WHETHER OR NOT THE DEED OF ABSOLUTE SALE IS

VALID;

2. WHETHER OR NOT THE PLAINTIFF HAS A BETTER

RIGHT OF POSSESSION OVER LOT NO. 123-A;

V. DOCUMENTS AND EXHIBITS TO BE PRESENTED

1. EXHIBIT “A”- Deed of Absolute Sale dated May 7, 1981;

2. EXHIBIT “B”- Notice to Vacate dated August 13, 2016;

3. EXHIBIT “C”– Certificate to File Action;

4. Plaintiff requests for the reservation for marking and

presentation of additional documentary evidences which
plaintiff may discover during the course of the
proceedings.

VI. WITNESSES TO BE PRESENTED

1. Plaintiff Pearl Caryl C. Cadavis, Brgy. Iba, Basey, Samar;

2. Jupet Depra, Brgy. Iba, Basey, Samar;

VI. AVAILMENT OF MODES OF DISCOVERY

Plaintiff willing to avail of the different modes of discovery.

VIII. TRIAL DATES

Plaintiff is willing to agree on such trial dates as may be agreed in

the course of the Pre-Trial Conference.
 Respectfully submitted. Tacloban City, Leyte; September 1,
2017.

CONDE & FERRER LAW OFFICE

1111 L&F Bldg., Real St.,
Tacloban City

ATTY. MAE KRISTINE CONDE

Attys. Roll No. 51111/May 10, 2006
IBP O.R. No. 1030878/01-03-17, Leyte Chapter
PTR No. PL 9835512/01-03-17, Tac. City
MCLE Compliance No. V-0005545, 11-12-2014
Valid Until April 14, 2019
COPY FURNISHED:

ATTY. PETER JOVEN DE OÑO

Counsel for the Defendant
DE OÑO AND ECALDRE LAW OFFICE
Room No. 3, Melecio Tan Bldg.,
Cor. Zamora & Salazar Sts.,
Tacloban City 6500

Received by: _________________________ Date: _________________