Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES (MTCC)

CONSOLACION-CORDOVA
7th Judicial Region
CONSOLACION, Cebu

JULES BAGUIO,
Plaintiff,
CIVIL CASE NO. 123456
FOR: UNLAWFUL DETAINER
WITH
CLAIM FOR DAMAGES,
ATTORNEY’S
FEES, AND LITIGATION COSTS

- versus –

GEORGE SUMALINOG,
Defendant,

x- - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF

Defendant by counsel, respectfully submits the following:

I.
BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. Defendant admits that he occupied the Plaintiff’s property by

tolerance from January 01, 2021 to July 15, 2021;

2. Defendant admits his refusal to vacate the property despite written

demand from Plaintiff for the reason that a letter of agreement exists
between Defendant and Plaintiff’s father that if he was to be ejected
from the premises, he will be given time to vacate until the end of the
year from the date of demand to vacate;

3. Defendant admits the failure to reach at an amicable settlement with

the Plaintiff in the Barangay conciliation proceedings;

4. Defendant admits to vacating the property but only until the end of
year 2021.

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 II.
FACTS AND OTHER MATTERS ADMITTED BY THE
PARTIES

1. Defendant admits only the facts stated in the Answer.

2. Subject to a concrete proposal for stipulation of additional facts from

plaintiff during pre-trial or even thereafter, defendant admits no other
facts stated in the Complaint.

III.
ISSUES TO BE TRIED

Defendant submits the following issues, subject to proof:

1. Whether or not the letter of agreement should be upheld.

2. Whether or not Defendant should vacate the property after

expiration of the period set in the demand to vacate.

IV.
LIST OF EXHIBITS TO BE PRESENTED
Defendant will present the following exhibit:

1. Letter of Agreement (EXHIBIT 1) – to prove Defendant and the

father of Plaintiff’s agreement for Defendant to occupy the
property and to be ejected thereby only until the end of the year
from the date of demand to vacate.

V.
WITNESSES TO BE PRESENTED

1. Defendant himself – to testify on the material allegations and

claims as set forth in the Answer;

VI.
RESORT TO DISCOVERY

Defendant reserves the right to avail of the modes of discovery before

trial.

VII.

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 APPLICABLE LAWS AND JURISPRUDENCE

Defendant relies on the provisions of Obligations and Contract under

the Civil Code particularly Art. 1312 which provides that in contracts
creating real rights, third persons who come into possession of the object of
the contract are bound thereby. Moreover, contracts entered into by the
deceased prior to his death shall be respected for the disposition of his estate.

RESPESTFULLY SUBMITTED.

Cordova, Cebu, September 01, 2021.

ATTY. CARDO DALISAY

Counsel for Defendant
Room 101, Yburan Building,
1234 Road Street, Poblacion,
Cordova, Cebu City, Philippines
IBP Lifetime No. 014519/2-24-21
PTR NO. 4990569/ 1-14-21
Roll No. 38489
MCLE 000679/05-23-2021
Tel. No. 521-6139

Copy furnished:

ATTY. JENEVETH I. SITOY

Counsel for the plaintiff
123 Tomaquin Building,
Poblacion, Cordova, Cebu
IBP Lifetime No. 014510/2-24-21
PTR NO. 4990562/ 1-14-21
Roll No. 38488
MCLE 000678/05-23-2021
Tel. No. 521-6137

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