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KATRINA B. KAPUNAN
Plaintiff,
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PRE-TRIAL BRIEF
(for the defendants)
respectfully submit the instant pre-trial brief and hereby avers, thus:
In May 2016, after the sale was completed, defendants lived and
managed the property since then. Spouses began constructing a one-storey
residential building on the said property. The building was finished after three
(3) months.
In December 2016, a certain Katrina Kapunan arrived at the property
and claimed to be it’s rightful owner. She sent letters demanding defendants
to surrender the property and vacate it’s premises. She also presented
Original Certificate of Title No. 123456 and claimed that the Transfer
Certificate of Title No. 118888 was invalid.
STATEMENT OF ISSUES
Defendants hereby submits the following issue/s for trial and
subsequent resolution of this Honorable Court, viz:
a. Whether or not plaintiff has legal or equitable title to the property in
question based on OCT No. 123456;
b. Whether or not the Defendant is liable to pay actual damages,
rental arrears, litigation costs, and attorney’s fees.
WITNESSES
The witnesses to be presented by the petitioners are as follows, viz:
a. MA. RUBY GAMAYAO - Property consultant of Southville
Subdivision. Seller of parcel to Spouses;
b. MAECYN BALCENA - Secretary of Gamayao’s Office;
c. MICHELLE GAYANILO - The lady butler of Spouses who facilitated
the sale of the property and the transfer of the title to the name of the
former, to testify on the truthfulness of the documents which are
being alleged by plaintiff to have been fraudulently acquired.
d. JEREMIAH BANTIGUE - Secretary, Salaya Alobin Law Office
e. JOE OSAL - Neighbor and close family friend of the spouses
DOCUMENTARY EXHIBITS
a. Marriage Certificate of Defendant Karla Celerian and George
Christopher Dolar;
b. Birth Certificate of Defendant Spouses;
c. Deed of Sale of Lot No. 3805 located in Southville Subdivision,
Brgy. North San Jose, Molo, Iloilo City;
d. Transfer Certificate Title no. 118888;
e. Excerpt from Barangay Meeting during the conference before the
Lupon ng Tagapagpayapa.
f. Check No. 1234567890
[1] Art. 433, Civil Code of the Philippines: “Actual Possession under claim of ownership raises a
disputable presumption of ownership. The true owner must resort to judicial process for the recovery of
the property.”
[2] Art. 434, ibid.: “In an action to recover, the property must be identified, and the plaintiff must rely on
the strength of his title and not on the weakness of the defendant’s claim.
[3] Art. 477, ibid.: “The plaintiff must have legal or equitable title there to, or interest in the real property
which is the subject-matter of the action. He need not be in possession of said property.”
Copy furnished:
EXPLANATION