Republic of the Philippines

Third Judicial Region

MUNICIPAL TRIAL COURT OF BULAKAN
Province of Bulacan

JOSEPHINE RODRIGUEZ CRUZ Civil Case No. 1352

Plaintiff FOR: UNLAWFUL DETAINER

-versus-

GILDA B. CALIMON
SONIA D.C. PANTANILLA
AIZA P. BAYOT
Defendants.
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PRELIMINARY CONFERENCE BRIEF

FOR THE COMPLAINT

Complainant, by counsel, and unto this Honorable Court respectfully submits their
Pre-trial brief in compliance with this Honorable Court’s Order dated ______________, and
states that:

I. POSSIBILITY OF AMICABLE SETTLEMENT AND SUBMISSION TO

ALTERNATIVE MODES OF DISPUTE RESOLUTION

1. Plaintiff respectfully manifest, without admitting liability or waiving any of her

rights or defenses, that she is open to any reasonable proposal for amicable
settlement from Defendants pr referral of the case to alternative modes of
dispute resolution, including mediation and or judicial dispute resolution.
II. SUMMARY OF ADMITTED AND UNDISPUTED FACTS

2. Defendants live in the subject property located in Bambang Bulakan Bulacan

without a written contract but only by mere tolerance.

3. Plaintiff acquired ownership of the subject property on 5 July 2021 by virtue of

an Extra Judicial Settlement of Estate with Sale executed by the heirs of
Bienvenido Teodoro, Elena Lopez-Teodoro and Rommel Teodoro.

4. Plaintiff religiously paying the real property tax of the property.

5. Defendants introduced some improvements in the property.

6. Plaintiff has previously demanded orally the defendants to vacate their property
and which was refused to by the defendants.

7. The plaintiff initiated a complaint against the defendants before the Katarungan
Pambarangay.

8. The plaintiff and the defendants failed to reach a settlement in the Lupong
Tagamayapa for the Barangay of Bambang. The Lupong Tagamayapa issued a
Certificate to File Action on ______________.

9. Defendants allegedly asked a certain Norberto Cruz that they may be permitted
to live temporarily at a small portion of the subject lot.

10. To resolve amicably, Plaintiff request the survey of the property which
Defendants refused.

11. The plaintiff sent a demand letter to the defendants by registered mail on
November 17, 2024 and which was received by the defendants on _____________.

III. PROPOSED STIPULATION OF FACTS WITH REQUEST FOR

ADMISSION
 12. That Defendants stay on the subject property without a contract but by mere
tolerance of the owner Bienvenido Teodoro and the legitimate heirs after the
demised of the former.

13. That Plaintiff orally demanded the defendants to vacate the property, but the
latter refused.

14. That plaintiff sent a demand letter to the defendants by registered mail, and
which was received by the latter.

15. That plaintiff initiated a complaint against the defendants before the Katarungan
Pambarangay, where in the former and the latter failed to reach into a
settlement in the Lupong Tagamayapa for the Barangay of Bambanh.

IV. STATEMENT OF FACTUAL AND LEGAL ISSUE

16. Plaintiff respectfully submits the following issues to be tried or resolved by this
Honorable Court:

A. Whether or not the Defendants should be evicted from the Subject Premises
and the plaintiffs may recover physical possession thereof;

B. Whether or not the defendants are liable to pay interest by way of damages
for their failure to pay the rentals due for the use of the subject premises which
deprived the plaintiff of the enjoyment thereof

V. DOCUMENTARY EVIDENCE

17. Exhibit “A” a copy of the Extra-Judicial Settlement of Estate of Bienvenido

Teodoro executed by Elena Lopez Teodoro and Bienvenido Teodoro. This is to
prove that the Plaintiff acquired ownership over the subject property.
18. Exhibit “B” a copy of the Marriage Certificate of Elena Lopez Teodoro and
Bienvenido Teodoro. This is to prove that Elena Lopez-Teodoro is one the legal
heirs of Bienvenido Teodoro.

19. Exhibit “C” a copy the Certificate of Live Birth of Rommel Teodoro. This is to
prove that Rommel Teodoro is the son and one of the legitimate heirs of
Bienvenido Teodoro.

20. Exhibit “D” a copy of the Tax Declaration of the subject property. This is to prove
the identity of the subject property in the name of Bienvenido Teodoro.

21. Exhibit “E” a copy of the Official Receipts for the payment of the real property tax
made by the Plaintiff. This is to prove the payment of real property tax by the
plaintiff.

22. Exhibit “F” a copy of the Tax Clearance. This is to prove the payment of real
property tax by the plaintiff.

23. Exhibit “G” a copy of the Certificate to File Action issued by the Lupong
Tagamayapa for the Barangay of Bambang on _____________. This is to prove that
no amicable settlement has reached by the parties.

24. Exhibit “H” a copy of minutes of the meeting during the Brgy. Conciliation. This is
to prove that the plaintiff is willing to settle the matters.

25. Exhibit “I” a copy of the Kasunduan Labas sa Hukuman executed by a certain
Norberto Cruz permitting the defendants to live temporarily at a small portion of
the subject property. To prove that the defendants admittedly that their
occupation on the subject property are temporary in nature.

26. Exhibit “J” a copy of the Notice to Survey the subject property. To prove that
Plaintiff formally requested the survey of the subject property which defendants
refused.

27. Exhibit “K” a copy of the formal demand letter that was sent by the plaintiff to
the defendants. This is to prove that the plaintiffs sent a notice to the defendants
to vacate the property.
 28. Exhibit “L” a copy of the return card signed by one of the defendants Aiza Bayot.
This is to prove that defendants receipt of the Formal Demand Letter to Vacate.

VI. APPLICABLE LAW IN SUPPORT OF PLAINTIFF’S CLAIMS

29. Rule 70 Section 1 of the Rules of Courts provides that:

Who may institute proceedings, and when. — Subject to the provisions of the next
succeeding section, a person deprived of the possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person
against whom the possession of any land or building is unlawfully withheld after the
expiration or termination of the right to hold possession, by virtue of any contract,
express or implied, or the legal representatives or assigns of any such lessor, vendor,
vendee, or other person, may, at any time within one (1) year after such unlawful
deprivation or withholding of possession, bring an action in the proper Municipal Trial
Court against the person or persons unlawfully withholding or depriving of
possession, or any person or persons claiming under them, for the restitution of such
possession, together with damages and costs.

30. Provisions on Unlawful Detainer found in the Rules of Court

31. Provisions of the Civil Code on the Statute of Frauds;

32. Rule 131, Sec. 2(b), Rules of Court;

33. Jurisprudence applicable to this case.

34. Provisions of the Civil Code on Lease, Lease Contracts, Rentals, and Ejectment;

VII. WITNESSES TO BE PRESENTED

35. Plaintiff to prove the allegations of the Complaint. Reserve two witnesses
namely Elena Lopez-Teodoro and Rommel Teodoro.
VIII. RESERVATION

36. Plaintiff respectfully reserves the right to present other witnesses, documents
or evidences in addition to, or in substitution of, those mentioned above and or
for purposes in addition to or in substitution of those mentioned should be a need
thereof arises; propose other issues as the exigencies of trial may demand; cite
and invoke other laws and jurisprudence that may be relevant in the course of the
proceedings; amend his petition, as may be warranted.

WHEREFORE, Plaintiff, respectfully prays that the Honorable Court order

Defendants to vacate the property and to pay the amount of Five Thousand Pesos
(Php 5,000.00) beginning November 21, 2023 and other expenses for litigation.

RESPECTFULLY SUBMITTED this ____________________ at Bulacan,

Philippines.

GLORIA LAW OFFICE

_________________________________________
ATTY. ARACELI GLORIA
Counsel for the Plaintiff
3049 Bambang Bulacan Bulacan
Roll Number 69656
IBP Number 380998 January 1, 2024
MCLE No. VII-0022720 April 14, 2025
Tel No (044) 305-8905
Mobile No. +63917-555-0367
Atty.araceligloria@gmail.com

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