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    Jun Capon
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    This document is the Defendants' Pre-Trial Brief in the civil case of Norma N. Orbisio et al. vs. Carlos Amistad Sr. et al. for ejectment. It summarizes that the Defendants are willing to settle the case amicably under fair terms. It admits no facts beyond what was stated in the Answer. The brief lists the issues to be tried, including whether the plaintiffs were in prior possession and whether their cause of action is barred by prescription or erroneous. The Defendants will present documentary evidence and 5-6 witnesses. They reserve the right to pursue discovery procedures. The brief is submitted to the court for consideration without the Defendants' counsel appearing.

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    This document is the Defendants' Pre-Trial Brief in the civil case of Norma N. Orbisio et al. vs. Carlos Amistad Sr. et al. for ejectment. It summarizes that the Defendants are willing to settle the case amicably under fair terms. It admits no facts beyond what was stated in the Answer. The brief lists the issues to be tried, including whether the plaintiffs were in prior possession and whether their cause of action is barred by prescription or erroneous. The Defendants will present documentary evidence and 5-6 witnesses. They reserve the right to pursue discovery procedures. The brief is submitted to the court for consideration without the Defendants' counsel appearing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    142 views3 pages

    Amistad Pretrial Brief

    Uploaded by

    Jun Capon
    This document is the Defendants' Pre-Trial Brief in the civil case of Norma N. Orbisio et al. vs. Carlos Amistad Sr. et al. for ejectment. It summarizes that the Defendants are willing to settle the case amicably under fair terms. It admits no facts beyond what was stated in the Answer. The brief lists the issues to be tried, including whether the plaintiffs were in prior possession and whether their cause of action is barred by prescription or erroneous. The Defendants will present documentary evidence and 5-6 witnesses. They reserve the right to pursue discovery procedures. The brief is submitted to the court for consideration without the Defendants' counsel appearing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    of 3

    1|Page

    Republic of the Philippines


    MUNICIPAL TRIAL COURT IN CITIES
    7th Judicial Region
    Branch 3
    Lapu-Lapu City, Cebu

    NORMA N. ORBISO, ET. AL.,


    Plaintiffs,

    -versus- Civil Case No. M-LLP-18-00336-SC

    FOR: EJECTMENT

    CARLOS AMISTAD SR., ET. AL.,


    Defendants,
    x-----------------------------------------/

    DEFENDANTS’ PRE-TRIAL BRIEF

    DEFENDANTS, through counsel, respectfully submit their pre-trial brief


    as follows:

    POSSIBILITY OF AMICABLE SETTLEMENT

    Defendants are willing to enter into an amicable settlement of the


    case, under terms and conditions which are fair and acceptable.

    ADMITTED FACTS

    Subject to a concrete proposal for stipulation of additional facts from


    plaintiff during pre-trial or even thereafter, defendants admit no facts other
    than as stated in the Answer.

    ISSUES TO BE TRIED AND RESOLVED

    • Whether or not herein plaintiffs were in prior physical possession.

    • Whether or not plaintiffs’ cause of action is barred by prescription.

    • Whether or not plaintiffs’ cause of action is erroneous.

    . Whether or not the court has jurisdiction.


    2|Page

    EXHIBITS FOR MARKING

    Defendants will present pertinent documentary evidence.

    WITNESSES

    Defendants will present five [5] to six [6] witnesses with their
    corresponding judicial affidavits with the reservation that additional
    witnesses may be presented, as needed, in the course of the trial.

    MODES OF DISCOVERY

    The defendants reserve its right to avail of discovery procedure or


    refer the matter to a commissioner as may be deemed necessary in the
    course of the proceedings.

    WHEREFORE, Defendants pray that the foregoing Pre-trial Brief be


    admitted.

    Respectfully submitted. Cebu City for Lapu-lapu City. February 15,


    2019.

    Atty. DOMINADOR CAFÉ


    Room M-04, Oftana Bldg., Cor Jasmin and Mariano Cui Streets, Cebu City,
    Roll No. 59824
    PTR No. 186762 (Jan. 25, 2018)
    IBP No. 023484 (Jan. 25, 2018)
    MCLE Compliance No. VI-0003577 (Oct. 25, 2017)
    Contact no. 0943-3472012
    3|Page

    NOTICE & EXPLANATION

    THE CLERK OF COURT


    MTCC 3
    Lapu-Lapu City

    Atty. BONIFACIO DEGAMO, JR.


    Counsel for the Plaintiffs
    Poblacion, Cordova
    Cebu

    GREETINGS!

    Kindly take notice that the undersigned will submit the foregoing for
    the consideration and approval of the Honorable Court sans appearance of
    counsel and without further arguments.

    SERVICE to all parties is done via registered mail. Lack of personnel,


    distance and proximity considered.

    Atty. Dominador Cafe

    Copy furnished

    Atty. BONIFACIO DEGAMO, JR.


    Counsel for the Plaintiffs
    Poblacion, Cordova
    Cebu

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