Republic of the Philippines

Municipal Trial Court in Cities

6th Judicial Region
Branch 5 - Bacolod City
-o0o-

AMT- MIO INC.,

Plaintiff,

- versus - Civil Case : 69123

For: “UNLAWFUL
DETAINER”
                                                                                                          
                                                                                           
KARL T. MANZON
Defendants.
x-------------------------------------------------------x

PRE -TRIAL BRIEF

COMES NOW, the defendant, thru the undersigned counsel,

unto this Honorable Court, most respectfully submit this Pre–Trial
Brief, to wit:

STATEMENT OF THE CASE

This is a case of unlawful detainer filed by the plaintiff against

the defendant. It cannot be determined on the basis of the complaint
filed and as per attached documents that the area where the
structures of the defendant’s house was situated is owned by the
plaintiff. These was no proper identification of the subject lot as
alleged in the complaint that it is the same lot where the structure of
the defendant is located. Defendant received no demand to vacate.
The allegations in the complaint that it is unlawful detainer has no
basis. There was no specification or detailing of events to prove that
the plaintiff allowed or tolerated the stay of the defendant in the
premises allegedly owned by the plaintiff considering that plaintiff
has no prior possession of the subject property. This is a case of
action publiciana.

SUMMARY OF ADMITTED FACTS/ STIPULATION OF FACTS

1. The Honorable Court has no jurisdiction to hear and try the

above-entitled case;
2. Plaintiff is not the owner of the lot where the structure of the
defendants are located;
3. The house of the defendant is located in a lot owned by the
plaintiff;
4. There was no prior written demand from the plaintiff;
5. There was no confrontation in the Barangay between the
defendant and the plaintiff that would convey the message to
the defendant that the plaintiff purchase lot from the
Villanueva’s and they are now the new owner of the alleged lot
purchase;
6. The plaintiff has no prior physical possession or failed to
establish that it has prior physical possession of the alleged
alleged subject lot before the sale of the said lot between the
plaintiff and the Villanueva’s;
7. Defendant is occupying and in prior physical possession of the
disputed property even before the sale was executed between
the plaintiff and the Villanueva’s, and defendant continuously
having prior physical possession of the subject property;
8. The representative of the plaintiff has no authority to sign in
the verification and certification of non-forum shopping;

Defendant reserves his rights to stipulate other relevant facts

during the Pre-trial Conference proper

ISSUES

1. Jurisdiction of the Honorable Court

2. Whether or not the plaintiff has prior physical possession of the
subject property;
3. Whether or not the plaintiff should have instituted a plenary
action before the Regional Trial Court.

EVIDENCE/EXHIBIT

1. Exhibit 1 – Certification from Barangay 30 that there was no

confrontation between the plaintiff and the defendant that the
former is the new owner of the subject property
2. Exhibit 2 – Certification from Barangay 30 that defendant has
been occupying and in prior possession of the lots where his
house is located before the sale executed between Villanueva’s
and the plantiff
3. Exhibit 3 – Judicial Affidavit of the defendant

Defendant reserve the right to present additional exhibits as the

need arises.

WITNESSES

The defendant. He will refute the allegations stated in the

complaint filed by the plaintiff and will identify pieces of
documentary evidence and will further testify to such other
matters relevant to the above-entitled case.
 Defendant reserves his right to present additional witnesses as the
need arises.

POSSIBILITY OF AMICABLE SETTLEMENT

Defendant is willing to avail any modes of discovery and enter

into any kind of settlement for the early resolution of the case as long
as the rights of the defendants will not be prejudiced.

Respectfully Submitted.
Bacolod City, Philippines. March 26, 2021.

THALIA B. DELA CRUZ

Counsel for the Defendant
c/o 590 Ylac St., Villamonte, Bacolod City
PTR No. 6685691 - Jan. 5, 2021 - Bacolod City
IBP No. 1064046 - Jan 16, 2021 - Manila
MCLE Compliance No. V-0022824 - July 4, 2021
Roll No. 52814

COPY FURNISHED:

ATTY. IVY P. CORTEZ

ATTY. ERIC JOSEPH O. TUANO
Counsels for the Defendant
ESPANO IBAY SYQUIA PLAZA-CORTEZ
TUANO MALAGAR MIRANDA-CAMPANA
AND FELIZARTA
10TH Floor, Smart Tower, 6799 Ayala Ave.
Makati City 1226