Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURT
Branch 64, Mauban, Quezon

INTERNATIONAL HARDWOOD
& VENEER COMPANY, represented
by Corazon Bantayan and Christian
Nehru Valera,
Plaintiff,
-versus-
SPECIAL CIVIL ACTION
NO. 093-M
For: QUIETING OF TITLE
DANILO LAURELES,
HEIRS OF GASPAR LAURELES, namely,
NENITA B. LAURELES and
DELILAH LAURELES TAPUYAN, and
QUEZON POWER PLANT EMPLOYEES’
MULTI-PURPOSE COOPERATIVE,
Defendants.
x-----------------------------------------------------x

PRE-TRIAL BRIEF
(For the plaintiff)

COMES NOW the plaintiff thru the undersigned counsel and to this
Honorable Court most respectfully submits the following brief:

I. POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiff is open for an amicable settlement of the subject matter of the case.

II. SUMMARY OF ADMITTED FACTS

The subject matter of the instant action is a parcel of land (classified as

Industrial land), situated in Barangay Cagsiay 1, in Mauban, Quezon, formerly
covered by Transfer Certificate of Title No. T-92824 of the Registry of Deeds of
Quezon. The title was registered in the name of spouses Dominador Devela and
Concepcion Jugueta, 1/3 share; Pacita Jugueta, married to Pedro Miraflores, 1/3

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share; and Ariesto Laureles, married to Resurrecion Eranista, Rodencio Laureles
married to Marina Llante, Nimfa Laureles married to Rosauro Escueta, Gaspar
Laureles, single, and Danilo Laureles, single, 1/3 share.

It appears that Dominador Devela and Concepcion Jugueta sold 1/3 share to
Quezon Power Plant of Mauban, Quezon while plaintiff bought 2/3 share of the
land on separate dates from Rosario Laureles et al. on June 5, 1986 and from
Francisco Miraflores et al. on June 7, 1997.

Plaintiff has been in actual possession of the land it purchased above when in
November, 2018 it noticed a signboard where it is written: PAABISO that another
person is claiming ownership over the same.

With that notice, plaintiff made a research and it found out that with use of a
suspicious Kasulatan ng Bilihang Lampasan, dated April 29, 1979, purportedly
signed by the original owners of the land in favor of Gaspar Laureles and Danilo
Laureles, they (Gaspar and Danilo) filed in court a petition for the issuance of 2nd
owner’s copy of the missing TCT No. T-92824 which was granted by the same
court. And, using the court order Gaspar and Danilo were able to register their
questionable deed of sale. As a consequence, TCT No. T-92824 was cancelled and
TCT No. T-47135 was issued in their name (Gaspar and Danilo)

Records show further that in June 2016 defendants Danilo Laureles and the
Heirs of Gaspar Laureles sold the entire land, including the portions bought by the
plaintiffs, to defendant QPPEMC.

III. PROPOSAL FOR STIPULATION

From the date the plaintiff bought the portion of the land in 1986 and also
another portion of the land in 1997, until the present, it has been in actual
possession of the two-third (2/3) portions of the same.

IV. ISSUES

1. Whether or not the plaintiff has a better right over the portions of the land
subject matter of the case against defendants.

2. Whether or not defendant QPPEMC is a purchaser in bad or good faith in

buying the land knowing that plaintiff is in actual possession of the same.

3. Who among the parties are liable to pay for all sorts of damages?

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 V. DOCUMENTARY EVIDENCE

Exhibit A is Secretary’s Certificate, dated August 15, 2019 signed by the

Corporate Secretary authorizing Mr. Christian Nehru Valera and Corazon
Bantayan to institute the instant case.

Exhibit B is Certified true electronic copy of Transfer Certificate of Title

No. T-92824 registered in the name of Dominador Devela et al. Exhibit B-1 is the
Affidavit of loss annotated at the back of the title. Exhibit B-2 is the annotation at
the back of the title showing that a court decision dated December 14, 2007 was
issued ordering the issuance of a second owner’s copy of TCT No. T-92824.

Exhibit C is Bilihang Lampasan ng lupa dated June 5, 1986 signed by

Rosario Laureles et al in favor of the plaintiff.

Exhibit D is Bilihang Lampasan ng lupa, dated June 7, 1997 executed by

Francisco Miraflores et al in favor of the plaintiff corporation.

Exhibit E is the controversial Bilihang Lampasan, dated April 29, 1979

purportedly executed by Dominador Devela et al selling the entire property to the
late Gaspar Laureles and Danilo Laureles.

Exhibit F is Transfer Certificate of Title No. T-471350 registered in the

name of Gaspar and Danilo, both surnamed Laureles. Exhibit F-1 is the
annotation of Lis Pendens under Entry No. 2019000549 to the effect that there is a
case filed by Resurreccion Eranista-Laureles et al versus Danilo Laureles et al for
the nullity of the document subject matter of the instant case. It is docketed as Civil
Case No. 19-0858-M. The lis pendens was annotated on Jan. 15, 2019.

Exhibit F-2 is the annotation of Lis pendens under Entry No. 961799
stating that a civil case was filed by Senen Miraflores involving the nullity of
document and title involving the same defendant and the same property pending
before the RTC of Mauban, Quezon. It is docketed as Civil Case No. 08-0670-M.
The date of the inscription is April 21, 2008.

Exhibit G is the Deed of Absolute Sale dated June, 2016 executed by Heirs
of Gaspar Laureles, Danilo Laureles and the representatives of defendant
QPPEMC.

Exhibit H is the Judicial Affidavit of Corazon C. Bantayan

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 Plaintiff reserves to submit additional evidence during the trial.

VI. WITNESSES

1. Corazon C. Bantayan, the duly authorized representative of the plaintiff

corporation, who may be notified at Dalig, Barangay Cagsiay II, Mauban,
Quezon; plus Two others

Lucena City, for Mauban, Quezon, this June 7, 2021.

Respectfully submitted,

BIENVENIDO ALVA MAPAYE

Counsel for the plaintiff
Roll No. 22864
IBP No. 138582, Jan. 5, 2021, Lucena
PTR No. 1104022, Jan. 4, 2021, Lucena
MCLE Compliance No. VI-0010425 valid
Until April 14, 2022

Copy furnished: Encl. as stated

Atty. Rodolfo M. San Diego, Jr and

Atty. Christopher Dann C. Mercado
Trident Tower, 312 Sen. Gil Puyat, Salcedo Village
Makati City

Atty. Julius Christopher T. Buela

Buela Law Office
No. 229 Merchant St., Lucena City.

Mr. Danilo Laureles

Mabini St., Daungan, Mauban, Quezon

Explanation and filing by registered mail

Due to long distance and lack of personnel to serve this pre-trial brief
plaintiff sent a copy thereof by registered mail, under registry receipts
nos._________,____________and_______________, posted at Quezon capitol
post office, Lucena City.

BIENVENDO A. MAPAYE
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