Republic of the Philippines

National Judicial Region

MUNICIPAL TRIAL COURT
Branch __

Arnel G. Reyes and Lorna F. Cruz,

Plaintiff,

- versus - CIVIL CASE NO. 0111

For: Forcible Entry
Chris T. Rivera,
Defendant,
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PRE-TRIAL BRIEF
(For the Defendant)

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as follows:

I.
SUMMARY OF ADMITTED FACTS

1. The personal circumstances of the parties

2. The defendant and the plaintiffs entered into a contract to lease the warehouse
located in 24 M. Carreon Street, San Andres Bukid, Manila owned by the former with
the stipulations that they leased and occupied the said warehouse for a period of five
(5) years, from 4 January 2016 to 4 January 2020, under the express obligation of
paying rent of Php 15,000.00 a month, payable in advance within the first five (5) days
of every month
 3. That lease contract stipulates that not less than sixty (60) days prior to the end of the
term of the lease, the lessee must inform the lessor in writing of his intention to renew
to lease;

4. That the plaintiffs sent a letter of intent to renew the lease to the defendant.

5. That the plaintiffs remained in the lease premises after the expiration of the lease on
February 4, 2021.

II.
PROPOSED STIPULATION OF FACTS

Defendant requests the plaintiff to stipulate on the following:

1. That the defendant sent a letter to the plaintiff dated November 20, 2020 stating that
he will agree to the renewal of the lease on the condition that the rental fee will be
increased by 10% of the current rate.

2. That the defendant went to Canada to visit his relatives and stayed there until Feb 1,
2021

3. That the lease of contract executed between defendant and plaintiff expired on
January 4, 2021

4. That the plaintiffs and the defendant did not agree on the stipulation for the increase
in the rent and no agreement was concluded between the parties regarding the
renewal of the lease contract.

5. That the plaintiffs continuously occupied the premises after the expiration of the
contract of lease and without the knowledge nor permission of the defendant.
 III.
ISSUES

Whether or not the plaintiff has a cause of action against defendant

Whether or not plaintiff is entitled to the reliefs prayed for

Whether or not defendant is entitled to the possession of the subject property

IV.
EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

Exhibit 1- Letter to Plaintiff dated November 30, 2020 that shows that Defendant agrees to
renew the lease on the condition that the rental rate will be increased by 15% per month.

Exhibit 2- Immigration Certificate issued by the Department of Foreign Affairs dated

______ to prove that Defendant was out of the country on November 15, 2020.

Exhibit 3- Judicial Affidavit of Defendant

V.
WITNESSES TO BE PRESENTED

1. The plaintiff himself – to testify regarding the unlawful continued possession by the
defendant of the subject property;

2. Defendant reserves the right to present other witnesses not herein enumerated as
deemed necessary.

VI.
AVAILABLE TRIAL DATES

The defendant would depend on the dates agreed upon during the pre-trial.
RESPECTFULLY SUBMITTED.

Manila, April 30, 2021.

ATTY. KRISSEL BOBIS PAMING

ATTY. CHERRY JEAN O. ROMANO

Counsels for the Defendant

Paming & Romano Law Office, Alta Tierra Village, Manila

Roll of Attorneys No. 1234

PTR NO. 654321, 01/06/22, Manila

IBP NO. 123456, 01/04/22,Manila

MCLE Comp. No. IV-0009876, 01/02/22

COPY FURNISHED:

BY PERSONAL SERVICE

Counsels for the Plaintiff

Received on May 03, 2021