Republic of the Philippines

MUNICIPAL TRIAL COURT

Fourth Judicial Region
Sablayan, Occidental Mindoro

TRIZELA N. FANOGA,
Plaintiff,

- versus - CIVIL CASE NO. 169_________

For: Forcible Entry and Damages

SPS.WILMER AND EVELYN

NAPILA AND ALMER M.
NAPILA
Defendants.
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PRELIMINARY CONFERENCE BRIEF

PLAINTIFF, by counsel, respectfully submits her Preliminary

Conference Brief as follows:

I. Brief Statement of Plaintiff’s Case

This is a case for Forcible Entry filed by the Plaintiff in order to

eject the Defendant and recover the physical possession of the parcel of

land covered by TCT. 01056348 and TCT No. 01056346 containing an

area of EIGHT THOUSAND NINE HUNDRED AND THIRTY EIGHT

(8,938) SQUARE METERS MORE OR LESS and SEVENTEEN

THOUSAND, SIX HUNDRED AND SEVENTY-SEVEN (17,677) SQUARE

METERS OR MORE respectively (hereafter “Subject Premises).

 Defendant was the registered owner of the Subject Premises.

Plaintiff and her predecessors-in-interest has been in peaceful

possession of the land continuously and uninterruptedly since the year

2005. On December 23, 2020 just days after the Plaintiff harvested her

crops, Defendants together with their hired laborers without the

knowledge, consent and authority of the Plaintiff, by force, strategy and

stealth on the subject properties, encroached on and took possession of

the portion of the lands

II. Proposed Stipulation of Facts

Plaintiff proposes the following facts to be admitted/stipulated by

the other party.

1. The identities of the parties;

2. The location of the subject properties;

3. The jurisdiction of the court;

III. Issues to be Tried or Resolved

Plaintiff respectfully submits the following issues to be tried or

resolved by this Honorable Court.

1. Whether or not Defendant should be evicted from the Subject

Premises;

2. Whether or not the Confirmation of Sale by Potenciano Sison

could prevent the Ejectment of Defendants.

 IV. Documentary Exhibits

Plaintiff respectfully submits the following documents for marking

as follows and as her exhibits.

Exhibit Description

Exhibit “A” TCT. 01056348

Purpose: This Exhibit is being offered to prove that the parcel of land

containing an area of EIGHT THOUSAND NINE HUNDRED

AND THIRTY EIGHT (8,938) SQUARE METERS MORE OR

LESS is registered in the name of TRIZELA N. FANOGA.

Exhibit “B” TCT No. 01056346

Purpose: This Exhibit is being offered to prove that the parcel of land

containing an area of SEVENTEEN THOUSAND, SIX

HUNDRED AND SEVENTY-SEVEN (17,677) SQUARE

METERS OR MORE is registered in the name of TRIZELA

N. FANOGA.

Exhibit “C” KATIBAYAN UPANG MAKADULOG SA

TANGGAPAN NG HUKUMAN

Purpose: This Exhibit is being offered to prove that the Plaintiff has

complied with the condition precedent for the filing of the

present case.
Exhibit “D” Deed of Sale between

Potenciano Sison and

Rodolfo Napila dated April

21st, 1986;

Exhibit “E” The name and signature of

then MTC Judge Gaspar

Bercasio as Notary Public;

Exhibit “F and F-1” The Confirmation of Sale

executed by Potenciano

Sison in favor of Rodolfo

Napila dated April 30, 1986

notarized by MTC Judge

Gaspar Bercasio;

Exhibit “G” The Certificate Authorizing

Registration dated June 27,

1986 issued by the Bureau

of Internal Revenue in favor

of Rodolfo Napila;

Exhibit “H” The stamp of Register of

Deeds for Mamburao

certifying that the

 Instrument Deed of Sale was

registered therein dated

January 5, 1987;

Purpose: These Exhibits are being offered to prove that a Deed of Sale

was executed by Potenciano Sison in favor of the Plaintiff’s predecessor

in interest Rodolfo Napila.

Exhibit “I to I-2” The approved

subdivision plan of Lot

No. 581 covered by

OCT No. P-5876 with

the date of approval

dated December 15,

2009 signed by Lydia

S. Lopez, OIC

Technical Director,

Land Management

Services

Purpose: This Exhibit is being offered to show and prove the metes

and bounds of the property sold to Rodolfo Napila by Potenciano Sison

and later registered under the name of the Plaintiff.

Exhibit “J to J-1” The photo of the

property registered in
 the name of the

Plaintiff before and

after it was fenced by

the Defendants.

Purpose: These Exhibits are being offered to show and prove that a

fence was constructed at the property of the Plaintiff.

Plaintiff reserves the right to present other documents and such

other witnesses deemed material.

V. Witnesses to be Presented

Plaintiff respectfully submits the following persons as her

witnesses:

1. Plaintiff will submit her judicial affidavit to prove the allegations

of the Complaint

2. Julio R. De Jesus, Jr. will execute his judicial affidavit to prove

that Plaintiff Trizela N. Fanoga and her predecessor-in-interest have been

in open and continuous possession of the subject premises until the

unlawful entry.

Plaintiff reserves the right to present additional witnesses as may

be needed.

VI. Possibility of Amicable Settlement

Plaintiff is willing to have this case amicably settled under terms

that are fair and reasonable.

 VII. Applicable Laws and Jurisprudence

Plaintiff respectfully submits that the following laws and jurisprudence

are applicable.

1. Provisions on Forcible Entry found in the Rules of Court;

and Rules on Summary Proedure;

2. Jurisprudence applicable to this case.

VIII. Modes of Discovery

Plaintiff is not availing herself of the modes of discovery at this

time.

IX. Available Trial Dates

Plaintiff respectfully requests that trial dates be set in the

presence of counsels and parties in order to avoid conflict of schedule.
Respectfully submitted.

This 23rd of April at Sablayan, Occidental Mindoro

ATTY. MELVIE E. SILVERIO-DACAYANAN

Counsel for the Petitioner
1261 Claudio Salgado Street,Buenavista
Sablayan, Occidental Mindoro
Roll of Attorneys No. 68003
IBP Lifetime Roll No. 016948
PTR No. B-8378984, Occ. Mindoro
MCLE Compliance No. VI-0016804
bhem197896@gmail.com
Copy Furnished:

ATTY. LEVITICO SALCEDO

Counsel for Defendant
Barangay Pag-Asa, San Jose
Occidental Mindoro