Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Vigan City, Ilocos Sur

SHERYL SALVADOR CIVIL CASE NO. 88811

Plaintiff,
-versus- for

NICOLE KEITH CACABELOS UNLAWFUL DETAINER

Defendant.
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PRE-TRIAL BRIEF

Plaintiff, through counsel, to this Honorable Court, respectfully submits this

Pre-trial Brief as follows:

A. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Plaintiff Sheryl Salvador respectfully manifest, without admitting liability or

waiving any of plaintiff’s rights or defenses, that they are open to any reasonable
proposal for amicable settlement from defendant or referral of the case to alternative
modes of dispute resolution, including mediation and or judicial resolution.

B. STIPULATIONS OF FACTS

1. That plaintiff is the owner of a parcel of agricultural land which she

inherited from her parents situated in Brgy. Bulala, Vigan City, Ilocos Sur
proved by the Affidavit of Self-Adjudication (Exhibit A);

2. That by virtue of tolerance, plaintiff’s parents, during their lifetime, allowed

the defendant to till the parcel of agricultural land and plant it with palay;

3. That when plaintiff decided to optionally retire from being a public high
school teacher, she sent a demand letter to the defendant dated June 10, 2019
to vacate the property as she will take over the tillage of the land;

4. That despite personally receiving the demand letter as attached as “Exhibit

C”, defendant refused to vacate the land;

5. That plaintiff initiated a complaint against the defendant before the

Katarungan Pambarangay;
 6. That plaintiff and the defendant failed to reach a settlement in the Lupong
Tagamayapa for the Barangay of Bulala, Vigan City;

7. That Lupong Tagamayapa issued a Certificate to File Action on July 10,

2019; and

C. ISSUES TO BE RESOLVED

Plaintiff respectfully submits the following issues to be tried and resolved by

this Honorable Court:
1. Whether or not the defendant should be evicted from the subject land and
the plaintiff may recover physical possession thereof.
2. Whether or not plaintiff is entitled to the damages claimed by her

D. DOCUMENTARY EVIDENCE

Plaintiff request the marking as exhibits of the following documents:

1.) Affidavit of Self-Adjudication (Exhibit A) This is to prove that the Plaintiff

is the real owners of the lot.
2.) Tax declaration No. 0041-1123. (Exhibit B) This is another proof that the
Plaintiff is the owners of the lot and that they are the one named in the tax
declarations.
3.) Demand Letter (Exhibit C) This is to prove that the plaintiff sent a notice
to the defendant to vacate the property.
3.) Barangay Certification (Exhibit D) This is to prove that the plaintiff is
willing to settle the matters and avoid litigation.

E. REPORT TO DISCOVERY

The plaintiff intends to avail these discovery procedures under the 1997 Rules
of Court:
1. Depositions of witnesses upon oral examination
2. Interrogatories to the defendant
3. Admission by adverse party
4. Production and Inspection of Documents or Property

F. WITNESSES TO BE PRESENTED
The plaintiff intends to present four (4) witnesses. The following are her intended
witnesses:
 1. Daniel Padilla, neighbor, owner of the adjacent land of the subject land.
2. Enrique Iglesias, ex-barangay captain of Brgy. Bulala who was present when the
agreement between the plaintiff’s parents and defendant was made.
3. James Redo, present barangay captain of Brgy. Bulala who was present in the
Barangay conciliation proceeding.
4. Joshua Garcia, Registrar of Deeds of Ilocos Sur

G. RESERVATION

Plaintiff respectfully reserves the right to present other witnesses,

documents or evidences in addition to, or in substitution of, those mentioned
above and or for purposes in addition to or in substitution of those mentioned
should be a need thereof arises; propose other issues as the exigencies of trial may
demand; cite and invoke other laws and jurisprudence that may be relevant in the
course of the proceedings; amend his petition, as may be warranted.

H. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial
conference to dates most convenient to this Honorable Court and to all the parties.

RESPECTFULLY SUBMITTED this September 13, 2019 at Vigan City, Ilocos Sur.

Connie Joy A. Omaoeng

Counsel for the plaintiff
PTR No. 987654-32-21
IBP No. 54321/2-5-2021/Vigan City
Roll of Attorney No. 65765
MCLE Compliance No. V-0004321; 06-13-2023
Victoria Building, Brgy. Tamag, Vigan City
Tel. No. 98765