REPUBLIC OF THE PHILIPPINES

National Capital RegionCity of MANILA

MUNICIPAL TRIAL COURTBranch No. _____

MARIA S. DALUZPlaintiff

-------- versus--------- Case No. CC-11-0621For: Ejectment

PEDRO P. PALMADefendant

x------------------------x

PRE-TRIAL BRIEF FOR THE PLAINTIFF

COMES NOW PLAINTIFF, MARIA S. DALUZ, thru counsel, unto this Honorable

Court, most respectfully files this pre-trial brief as follows:

T H E P A R T I E S

1. That plaintiff, Maria S. Daluz plaintiff is of age, and a resident of #15 44 th St.,

Brgy. South Forbes, Makati City where she may be served with summons

and other processes of this Honorable Court.

2. That defendant, Pedro P. Palma is is also of age, with residence and post

office address at 1028 Ibarra St., Sampaloc, Manila, where he may also be

served with summons, notices and other processes of thie Honorable Court.

F A C T S O F T H E C A S E

1. That the plaintiff is the absolute owner of that property located at 1028 Ibarra

St., Sampaloc, Manila, as stated in Transfer Certificate of Title No. 12345 as

per legal acquisition from the National Housing Authority.

2. That plaintiff has been deprived of her right to use, enjoy and possess the

premises of her duly acquired property as it has been unlawfully occupied by

the defendant

3. That the plaintiff has twice demanded for the defendant to vacate the

premises of the aforementioned property but the latter has refused to do so

for the past seven (7) years.

4. That due to the unlawful occupation of the defendant the plaintiff has suffered

actual damages of Five Hundred Twenty One Thousand Pesos (Php

521,000.00) in tax payments without having even gained possession of her

property; incurred litigation expenses amounting to Seventy Thousand Pesos

(Php 70,000.00), due to evident bad faith of the defendant; defendant should

also pay One Hundred Fifty Thousand Pesos (Php 100,00.00) in back lease

or rentals for the past seven (7) years of his unlawful possession and

occupation of the property; defendant must surrender and vacate the

premises of the aforementioned property; and, to provide for Fifty Thousand

Pesos (Php 50,000.00) in attorney’s fees and the costs of this suit.

P O S S I B I L I T Y O F A M I C A B L E S E T T L E M E N T

a. The Plaintiff is willing to enter into an amicable settlement provided that

he will pay the tax dues on the property amounting to Five Hundred

Twenty One Thousand Pesos (Php 521,000.00) and rental arrears

amounting to One Hundred Fifty Thousand Pesos (Php 100,00.00)

and that he vacates the premises and surrenders the possession and

occupation of the property to the plaintiff as it’s lawful owner

immediately.

SUMMARY OF ADMITTED FACTS AND STIPULATION OF FACTS

Plaintiff proposes that the following be admitted by the Defendant:

a. That Maria S. Daluz the true and lawful owner of the property

situated at #1028 Ibarra St., Sampaloc, Manila as evidenced by

Transfer Certificate of Title No. 12345.

b. That Defendant has twice been demanded in writing to vacate

the said premise but he has refused to do so on both occasions.

I S S U E S

a. Whether or not the Defendant unlawfully occupies and refuses

to vacate the premises of the Plaintiff’s property.

b. Whether or not the Defendant is liable to pay actual damages,

rental arrears, litigation costs, and attorney’s fees.

D O C U M E N T A R Y E X H I B I T S

a. Photocopy of Transfer Certificate Title no. 12345.

b. Demand letters sent to Defendant Pedro P. Palma

A P P L I C A B L E L A W S

The Revised Rules of Court and the Civil Code of the Philippines.

Respectfully submitted.

Manila, July 25, 2011.

(Signed)

Atty. Lani D. Mapacali

Counsel for Plaintiff

PTR No.070613

MCLE No. 54321-A

Roll of Attorney No. 35650

Mapacali, Mapalagay, & Associates

1820 Wainwright Ave., Manila 1006

ldmapacali@gmail.com

Copy furnished with registered mail:

Atty. Alan D. Maligalig

Maligalig, Mabalisa, & Associates

810 Kadiwa St., Quiapo, Manila 1001

E X P L A N A T I O N

Service of copy to the Defendant and his counsel were done by registered mail due to lack of manpower to effect personal service.

(Signed)

Atty. Lani D. Mapacali