PRE-TRIAL BRIEF(for the Defendant)

DEFENDANT, by and through the undersigned counsel, and unto this Honorable Court, most respectfully submit this pre-trial Brief in compliance with its order DATED 16th day of March 2015 and in accordance with the rules, hereby state.

BRIEF STATEMENT OF FACTS

This case has its birthstone from the greediness of the plaintiff to grab the parcel of land owned and possessed by the defendant since time immemorial through their predecessors in interest. The said parcel of land has been inherited from defendants parents who were originally paying the real property taxes since 1965 until ownership was transferred to the herein defendant, who continued to pay the real property taxes. Said land was covered by an Original Certificate of Title No. P-1057 under the defendants name which was issued on July 23, 1990.

The defendants property had been long utilized as a residential lot. The defendant and his parents have been tilling, cultivating, planting, protecting the land and built their residential house therein, where the defendant spent his childhood. The residential house of herein defendant was erected by his parents in 1968. The said house was later renovated in 1976. A final renovation into a concrete house was made in 1988. In addition to the renovation made in 1988, a concrete fence was erected surrounding the property of the defendant. All these improvements were made long before December 2014 when the plaintiff went abroad.

During the occupancy of the defendant, they were never dispossessed nor was their possession disturbed until the plaintiff filed the instant case which must be dismissed for lack of cause of action.

POSSIBILITY OF AMICABLE SETTLEMENT

The defendant is willing to enter into reasonable settlement which is beneficial to both parties

ADMISSIONS AND STIPULATIONS

That the land is located in Imelda Village, Baguio City.

That upon application of the defendant with the Bureau of Lands for the titling of the property, an Original Certificate of Title No. P-1057 under the defendants name was issued on July 23, 1990.

That the parents of the defendant were the ones originally paying the real property taxes since 1965 until ownership was transferred to the herein defendant, who continued to pay the real property taxes.

That the concrete fence and the house were already erected long before December 2014 when the plaintiff went abroad.

That the parents of the defendant have been in an open, peaceful, continuous, exclusive, actual, notorious possession in the concept of an owner over the subject property since time immemorial. That they have been tilling, cultivating, planting, protecting the land and built their residential house therein, where the defendant spent his childhood.

The defendant has no further admission to make as of this moment except as alleged in his complaint

ISSUES

WHO BETWEEN THE PARTIES HAS BEEN IN PRIOR AND MATERIAL POSSESSION AND OCCUPATION OVER THE SUBJECT MATTER

WHO IS ENTITLED BETWEEN THE PARTIES TO DAMAGES

EXHIBITS

EXHIBIT 1A Copy of the Original Certificate of Title No. P-1057

EXHIBIT 2A Certified Copy Issued in Security Paper by the Register of Deeds of Baguio City of the Original Certificate of Title No. P-1057

EXHIBIT 3, 3-1, 3-2, 3-3, 3-4, 3-5, 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 3-13, 3-14, 3-15, 3-16, 3-17, 3-18, 3-19, 3-20, 3-21, 3-22, 3-23Copies of Real Property Tax Receipts

EXHIBIT 4Certificate Issued by the City Buildings and Architecture Office

EXHIBIT 4-1Certificate of Residency Issued by the Office of Barangay

EXHIBIT 4-2, 4-3, 4-4, 4-5, 4-6Five Photographs of the House Taken on the Years 1968, 1976, 1980, 1988, and 1995

EXHIBIT 5, 5-1Affidavit of a Witness and Certification from the Office of the Punong Barangay of Imelda Village, Baguio City

WITNESSES TO BE PRESENTED

Defendant GANI D. SALUPA will present herself and four (4) other witnesses namely:

Gani D. SalupaTo testify on the following, to wit:1. her ownership and her prior and material possession and occupation of the subject parcel of land since time immemorial, through her predecessors in interest to whom she inherited the subject land; and2. to the improvements made long before December 2014 when the plaintiff went abroad.

Director Phoebe PasiwenTo testify that said land was registered under Original Certificate of Title No. P-1057 under the defendants name which was issued on July 23, 1990 and the same appears on the Registry Book which was the basis on the issuance of the a certified copy issued in security paper by the Register of Deeds of Baguio City.

Punong Barangay Roy MagalgalitTo testify that the defendant, as well as the parents of the defendant, is a resident of the subject land of controversy.

Engr. Anafeil CruzTo testify that the defendant had applied for Building Permit for the construction of a residential house over the subject land and the same was duly approved by the City Building Office which was duly recorded on the Entry Book of the Office which was the basis for the issuance of the Certificate to the defendant.

Nestor TagolaoTo testify on the following, to wit:1. that he was the neighbor of Gani Salupa;2. to corroborate the prior and material as well as physical possession of the defendants; 3. to corroborate the facts that defendant is a resident on said parcel of land; and4. that the plaintiff was never been seen to possess or reside on the subject land.

LAWS AND JURISPRUDENCE APPLICABLE

Pertinent provisions of the Rules of Court, and of the Civil Code and other relevant laws and jurisprudence.

TRIAL DATES

The same would be determined during the pre-trial conference

Baguio City, Philippines, this 21st day of March 2015.