Republic of the Philippines

8th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Catbalogan City

ROSARIO J. YBOA
Plaintiff,

CIVIL CASE NO. Y23-03-09

- versus - FOR:
UNLAWFUL DETAINER

ENGR. JEREMIAS T. CABILOGAN

Defendant.
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PRELIMINARY CONFERENCE BRIEF

DEFENDANT by counsel and unto the Honorable Court respectfully
states that:

BRIEF STATEMENT OF FACTS

The supposed leased premises is beyond the plaintiff's title as which

fact was belatedly known to the plaintiff by the herein defendant: however,
the plaintiff insisted on the effectivity of the subject lease contract, and
which, if taken so, and the defendant continuously pays rentals, the same
would constitute unjust enrichment of the plaintiff at the expense of the
defendant.

The object of the lease is a patent nullity because the plaintiff had
maliciously represented herself to be the lawful owner of the leased
premises, which the defendant had erected a commercial structure thereon,
when in truth and in fact she is not, as such is located or stood within a
public land and therefore legally owned by the local government unit,
verily, the public land is beyond the commerce of man; while it is the
general rule that a lessee cannot ignore the rights of the lessor, the same is
not a hard and fast rule as the same admits certain exceptions as when the
property subject of the lease is not owned by the former but by the
government when baseless claim of ownership was discovered later or was
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induced to enter a fraudulent transaction, as in this case.

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 Despite this condition relayed to the plaintiff, the defendant
nonetheless offered to pay the plaintiff a lesser amount of rentals if only to
appease her or to buy peace, but the same proved to no avail, much to the
damage and prejudice of the defendant;

The plaintiff filed the instant case without prior resort to or

observance of the barangay conciliation/mediation as otherwise mandated
by the Katarungang Pambarangay Law as amended, as the parties herein are
residing in the same barangay, hence, this case was prematurely filed and
necessarily has to be dismissed.

POSSIBILITY OF AMICABLE SETTLEMENT/SUBMISSION

OF THE CASE TO ALTERNATIVE MODES OF DISPUTE
RESOLUTION

Defendant may entertain proposals for amicable settlement of instant

case as may be just and reasonable under the circumstances.

PROPOSALS FOR ADMISSION

1. The supposed leased premises is beyond the plaintiff's title as

which fact was belatedly known to the plaintiff by the herein defendant;

2. The object of the lease is a patent nullity because the plaintiff

had maliciously represented herself to be the lawful owner of the leased
premises;

3. The property in question is legally owned by the local

government unit and not by the plaintiff;

4. The case involves a boundary dispute;

5. The plaintiff filed the instant case without prior resort to or

observance of the barangay conciliation/mediation as otherwise mandated
by the Katarungang Pambarangay Law as amended, as the parties herein
are residing in the same barangay.

ISSUES TO BE TRIED

The principal issues to be resolved are (1) who among the parties is
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entitled to the physical possession of the property in question; (2) Whether

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or not there is a boundary dispute on the parties’ lot in question; (3)

whether the defendant is entitled to damages, attorney’s fees and cost of suit
out of the plaintiff’s baseless and groundless suit.

DOCUMENTS TO BE PRESENTED

1. Verified Answer dated 07 July 2023;

2. Sketch Plan;

3. Judicial Affidavit of Jeremias T. Cabilogan

4. Reserved.

WITNESSES

Defendant himself will testify to support the averments in his

answer;

With reservation to present other witnesses.

APPLICABLE LAWS AND JURISPRUDENCE

Pertinent provisions of Rule 70, Rules of Court, Civil Code on

damages, and pertinent jurisprudence.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that

the herein “Preliminary Conference Brief” be noted.

Catbalogan City, 26 October 2023.

ATTY. DEMETRIO MEDINO J. ACUBA

Counsel for the Defendant
G/F Laohoo Bldg., 196 San Bartolome St.
Brgy. 03 6700 Catbalogan City
IBP Official Receipt No.278346
PTR. No. 8853145 Catbalogan City 1.4.23
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Roll of Attorneys No. 71321

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MCLE Compliance No. VII-0019383

Cc: (By Personal Service)

ATTY. ALMA R. UY
Counsel for the Plaintiff
Curry Ave. Catbalogan City, Samar

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