Republic of the Philippines

Regional Trial Court

Branch 3
Baguio City

JOHN CLIFFORD V.
EVANGELISTA
Plaintiff, CIVIL CASE NO. 3435690
FOR: RESCISSION OF
-versus- AGREEMENT AND ABSOLUTE
DEED OF SALE, DAMAGES AND
ION C. GUMABUN ATTORNEY’S FEES
Defendant.
x------------------------------------------x

PRE-TRIAL BRIEF
(for the plaintiff)

COMES NOW PLAINTIFF, JOHN CLIFFORD V. EVANGELISTA,

through counsel, unto this Honorable Court, most respectfully files this pre-trial
brief as follows:

A. THE PARTIES

1. Plaintiff is of legal age residing at #66 Motorpool Compound, Brgy.

Engineer’s Hill, Baguio City where he may be served with summons and
other processes of this Honorable Court.

2. Defendant is of legal age residing at #22 Morning Glory St., Saint Joseph
Village, Baguio City where he may also be served with summons, notices
and other processes of this Honorable Court.

B. STATEMENT OF FACTS OF AND CASE

This is a complaint for rescission of contract where the defendant is the

registered owner of a parcel of land with a total area of three hectares (3 ha.)
covered by Transfer Certificate of Title (TCT) No. T-54321-A situated at Saint
Joseph Village, Baguio City. The same parcel of and was posted for sale in a
local newspaper at Baguio City where the plaintiff resides. The parcel of land
was also the subject of a mortgaged in favor of PS Bank, Baguio Branch,
Lower Session Road and of a private mortgage in favor of Terd D. Pearson.

On October 12, 2019, plaintiff and defendant entered into an agreement

(Annex “A”) for the sale and purchase of said parcel of land for a total contract
price of PhP 3,600,000.00. On the same day, plaintiff made an initial payment
(Annex “B”) in favor of the defendant amounting to PhP 1,600,000.00 to be
applied by the defendant as follows: (a) PhP 1,000,000.00 of said amount was
for the redemption of subject property which was mortgaged in PS Bank,
 Baguio Branch, Lower Session Road, Baguio City to enable the plaintiff to get
hold of the title and register the sale; and (b) PhP 600,000.00 was for
redemption of the said land from a private mortgage in favor of Terd D.
Pearson to enable the plaintiff to possess and cultivate the same. The parties
agreed that the possession of TCT No. T-54321-A shall be transferred to the
plaintiff upon redemption of the land and execution of the Deed of Sale and
that whatever balance left from the agreed purchase price, after deducting the
proceeds of the loan and PhP 1,600,000.00 already received by defendant shall
be paid by the plaintiff not later than July 12, 2020.

On November 12, 2019, defendant redeemed the said land from PS Bank –
Baguio and withdrew TCT No. T-54321-A. On December 3, the parties
executed the Deed of Sale (Annex “C”). However, the defendant failed to
transfer possession of TCT No. T-54321-A to the plaintiff, contrary to their
agreement. Despite plaintiff’s repeated oral and written demands for the
delivery of the title, the defendant failed to deliver the title to the plaintiff.
Consequently, plaintiff has not and could not physically, actually, and
materially possess and cultivate the subject property because the area is not yet
fully cleared from encumbrances and the private mortgage and/or present
possessor refuse to vacate the same.

Because of defendant’s indifference to the demands of the plaintiff (Annex

“D”, “E”, “F”, and “G”), the latter was constrained to notify the former
through a notarial act of his desire and intention to rescind the said contract
(Annex “H”) of sale.

As a result of the defendant’s refusal to comply with the contract, plaintiff

suffered actual damages of PhP 1,600,000.00 representing the latter’s initial
payment handed to the defendant as early as October 12, 2019. Plaintiff also
suffered moral damages for the serious anxiety, mental anguish and sleepless
night at having parted with his hard-earned money for a promise that remains
unfulfilled up to the present. Moreover, defendant’s indifference to plaintiff’s
demands pursuant to the provisions of the contract evidenced his bad faith. He
acted in a wanton, fraudulent, reckless, oppressive and malevolent manner
justifying the award of exemplary damages. Furthermore, plaintiff is
constrained to file this suit and to engage the services of counsel with an
acceptance fee of PhP 20,000.00 plus PhP 2,000.00 per court appearance.

C. AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF

DISPUTE RESOLUTION

Plaintiff is willing to enter into an amicable settlement. Likewise, if

applicable, plaintiff is willing to submit the case to any of the alternative modes of
dispute resolution.

D. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

Plaintiff and defendant hereby admit the following facts and circumstances:
1. That Plaintiff is of legal age residing at #66 Motorpool Compound, Brgy.
Engineer’s Hill, Baguio City, and Defendant is of legal age residing at #22
Morning Glory St., Saint Joseph Village, Baguio City
 2. That Defendant is the registered owner of a parcel of land with a total area of
three hectares (3 ha.) covered by Certificate of Title (TCT) No. T-54321-A.
situated at Saint Joseph Village, Baguio City and the same parcel of land
was the subject of a mortgaged in favor of PS Bank, Baguio Branch, Lower
Session Road. and of a private mortgage in favor of Terd D. Pearson.

3. That on October 12, 2019, plaintiff and defendant entered into an agreement
for the sale and purchase of said parcel of land for a total contract price of
PhP 3,600,000.00. On the same day, plaintiff made an initial payment
(Annex “B”) in favor of the defendant amounting to PhP 1,600,000.00 to be
applied by the defendant as follows: (a) PhP 1,000,000.00 of said amount
was for the redemption of subject property which was mortgaged in PS
Bank, Baguio Branch, Lower Session Road, Bsguio City to enable the
plaintiff to get hold of the title and register the sale; and (b) PhP 600,000.00
was for redemption of the said land from a private mortgage in favor of Terd
D. Pearson to enable the plaintiff to possess and cultivate the same.

The parties also agreed that whatever balance left from the agreed purchase
price, after deducting the proceeds of the loan and PhP 1,600,000.00 already
received by defendant, shall be paid by the plaintiff not later than July 12,
2020.

4. On November 12, 2019, defendant redeemed the said land from PS Bank –
Baguio and withdrew TCT No. T-54321-A.

Plaintiff proposes to stipulate on the following facts:

1. That there was an execution of a valid Deed of Sale;

2. That there was an agreement between the parties for the defendant to deliver
TCT No. T-54321-A upon the execution of the Deed of Sale;

3. That there was a valid delivery and receipt of the demand letters by the
defendant.

E. STATEMENT OF ISSUES
Plaintiff hereby submits the following issue/s for trial and subsequent resolution to
this Honorable Court, viz:

1. Whether or not the Deed of Absolute Sale executed between the parties is
valid.
2. Whether or not the Agreement for the sale and purchase of said parcel of land
covered by TCT No. T-54321-A may be rescinded.
3. Whether or not the Defendant may be ordered to return the initial payment of
Php1,600,000.00 with interests.
4. Whether or not the Defendant is liable to pay actual damages, moral damages,
litigation costs and attorney’s fees.
 F. DOCUMENTARY EXHIBITS

1. Contract to Sell. (Annex “A”)

2. Acknowledgement of Funds Received (Annex “B”)
3. Deed of Absolute Sale (Annex”C”)
4. Demand Letters (Annex “D”, “E”, “F”, “G”)
5. Notarial Act to Rescind Contract (Annex “H”)

G. APPLICABLE LAWS AND JURISPRUDENCE

The plaintiff grounds his claims on the provisions of the New Civil Code and 2020
Rules on Civil procedure.

H. RESERVATION OF TESTIMONIAL AND DOCUMENTARY

EVIDENCE

Plaintiffs hereby reserve the right to present additional testimonial and/or

documentary evidence in the course of the trial as they may deem fit and necessary
towards the successful litigation of their causes of action.

I. AVAILABLE TRIAL DATES

The undersigned counsel shall make themselves available on the trial dates agreed
by the parties for complete presentation of evidence which must be within a period
from the first day of trial.

MOST RESPECTFULLY SUBMITTED.

03 December 2020, Baguio City Philippines.

ATTY. SHER LOCK

Counsel of the plaintiff
Rm. 221B, Baker Street Building
Roll No. 917142-2009; Baguio City
IBP No. 72109-2/3/12
PTR No. 5290303- 2/13/12
MCLE Compliance III No. 09171420
Issued on May 4, 2020
Email Address: sherlockholmes@
gmail. Com

Copy Furnished:

ATTY.SHELVINECHOG.FERNANDEZ
Counsel of the Defendant
RollNo.4002011; May06,2000
PTRNo.111567; 05/14/2001; Baguio City
IBPNo.3211901 05/14/2001; Baguio City
MCLEComplianceNo.0004321;06/30/2019
 FernandezLawOffice,449PortaVaga,
Upper Session Road, BaguioCity
(075)567-8900

ION C. GUMABUN
#22 Morning Glory St.,
Saint Joseph Village,
Baguio City, Philippines.