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Pre-trial Brief of Plaintiff

REPUBLIC OF THE PHILIPPINES

Municipal Trial Court in Cities
9th Judicial Region
Branch 3
Zamboanga City
--oOo--

ANALYN A. MAGPANTAY,

Plaintiff,
SPECIAL CIVIL ACTION NO.: 101011

-versus- -for-

JUDICIAL PARTITION OF REAL

ESTATE
NASER A. MAGPANTAY and
MARY MAE A. MAGPANTAY

Defendant.
x- - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF FOR PLAINTIFF

COME NOW, PLAINTIFF, through undersigned counsel and unto this

Honorable Court most respectfully submits this Pre-trial brief and states that:

I. STATEMENT OF PLAINTIFF’S WILLINGNESS TO ENTER INTO

AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE
RESOLUTION

- The plaintiff will not agree to the possibility of an amicable

settlement of the case.

II. THEORY/STATEMENT OF FACTS

- Herein Parties are all of legal age and legitimate heirs of Spouses
Armando and Merle Magpantay, who are the registered owner of
a Real Estate property situated in Logoy Grande, Talon-talon,
Zamboanga City, Philippines.
- Said Property is covered under TCT no. T-77,517 of the registry
of Deeds of Zamboanga City, with an assessed value of
P74,000.00.
- Spouses Magpantay died intestate, leaving the property
undivided among their children.
- On the subject lot, two (2) residential units stand; the house of
the deceased spouses, now inhabited by the defendant Mary Mae
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Pre-trial Brief of Plaintiff

A. Magpantay, and the other is leased by tenant Mrs. Ann Chique

Labitad-Miguel, who pays P10,000.00 per month.
- The monthly rental should have been equally divided among the
heirs, however, Plaintiff never did receive any of her part of that
rental.
- Plaintiff is also the only one who shoulders all the Property Tax
and all and any government mandated Fees for the subject
property.
- Being so, Plaintiff decided to ask her siblings, the Defendants, to
Partition the said property for the sake of justice and equality,
however, despite multiple verbal and written requests,
Defendants chose to ignore her pleas, which left the plaintiff no
choice but to file a complaint for specific performance against
Defendants before the Punong Barangay of Talon-talon, to
compel the partition of said property.
- However, despite summons properly served, Defendants failed
to appear before the same for confrontation and possible
settlement.
- Up to the present, the subject property remained undivided
among the parties and no portion of the real estate nor its fruit
has been given to the Plaintiff Analyn A. Magpatay.
- Plaintiff, as co-owner of the subject property, agree with and
earnestly demand the partition of the subject property, but the
Defendants refuses to accede to the same without renouncing
the existence of a co-ownership. Hence, this instant complaint
for Partition.

III. STIPULATION OF FACTS

- That this Honorable Court has Jurisdiction to hear and decide on

this case, considering the Assessed Value of the subject property
is One Hundred Thousand Pesos (P74,000.00) Philippine
Currency.
- That both parties have Equal rights for the said property and its
fruits.
- That Plaintiff is the only one Paying for all Real Property Tax and
and and all Fees mandated by the Government.
- That the Plaintiff has been transparent on her intention to
partition the said property for the sake of justice and equality.
- That the Defendants denies Plaintiff of her equal share of the
said property.

IV. ISSUES TO BE TRIED AND RESOLVED

1. Whether or not Plaintiffs are entitled to equal share of the parcel

of land located at Talon-Talon, Zamboanga City covered by TCT
No. T-77,517 of the Registry of Deeds of Zamboanga City,
Philippines and its fruits.
2. Whether a particular property may be divided without prejudice
to the interests of the parties is a question of fact.
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Pre-trial Brief of Plaintiff

V. A. WITNESSES TO BE PRESENTED, ABSTRACT OF THEIR

TESTIMONIES AND APPROXIMATE TIME FOR THEIR TESTIMONY

1. ANALYN A. MAGPANTAY -To testify on matters relevant to the

present case;
2. REYMUNDO L. ITURRALDE - To testify on matters relevant to
the present case;
3. A representative from the Registry of Deeds for Zamboanga City
- To prove that the SPOUSES ARMANDO TRINIDAD MAGPANTAY
and MERLE A. MAGPANTAY are the registered owners of a
parcel of land covered by Transfer Certificate of Title No. T-
77,517;
4. A representative from the Office of the City Assessor - To prove
that the plaintiffs, as co-owners of the subject lot, declared the
subject property for taxation purposes.

B. DOCUMENTS OR EXHIBITS TO BE PRESENTED.

● Exhibit “A” – Death Certificate of Armando Trinidad

Magpantay
● Exhibit “B” – Death Certificate of Merle A. Magpantay

● Exhibit “C” – Owner’s Duplicate Copy of Transfer Certificate

of Title No.T-77,517
● Exhibit “D” – Certificates of Live Birth of Analyn A. Magpantay

● Exhibit “E” – Certificates of Live Birth of Nasser A. Magpantay

● Exhibit “F” – Certificates of Live Birth of Mary Mae A.

Magpantay
● Exhibit “G”- Tax Declaration of Real Property No.
1101008303302, dated June 9, 2022
● Exhibit “H” – Certification of Real Property Holdings dated
June 15, 2022
● Exhibit “I” – Certification of Land with Improvement, dated
June 15, 2022
● Exhibit “J” – the Statement of Account (dtd June 9, 2022)

● Exhibit “K”&”L” – official receipts (dtd May 7, 2022 and June

15, 2022)
● Exhibit “M” – Sketch Plan of Lot 37-A-6 (LRC) PSD-10032,
dated November 15, 2021
● Exhibit “N” – July 8, 2022 Letter re Extrajudicial Settlement of
Estate
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Pre-trial Brief of Plaintiff

● Exhibit “O” – Certification to File Action, dated December 11,

2021
● Exhibit “P” – Photographs of the subject property and the
improvements thereon

VI. APPLICABLE LAWS AND JURISPRUDENCE.

1. Civil Code of the Philippines;
2. Revised Rules of Court;
3. Other applicable laws; and,
4. Applicable jurisprudence and Supreme Court decisions.

VII. AVAILABLE TRIAL DATES FOR PRESENTATION OF ACCUSED’S

EVIDENCE.

Any available dates of the Honorable Court.

Respectfully submitted.

City of Zamboanga, Philippines, 05 May 2023.

ATTY. JOHN A. DOE

Counsel for the Plaintiff
Happy Lane Sta. Maria, Zamboanga City
Roll No. 2301; 05-23-01
IBP No. 254683; 12-16-2023; ZAMBASULTA
PTR No. 2344600; 01-03-2023; ZC
MCLE Compliance No. VII-0013335
Valid until April 14, 2025

Copy furnished:

MARY MAE A. MAGPANTAY

321 Logoy Grande, Talon-Talon, Zamboanga City