trial brief_part v and vi

V. EVIDENCE

Fact No. 1 – that defendant impressed on the plaintiff that he has all the

rights to transact with her as if he is the owner of the property 1. Oral – plaintiff’s testimony

Fact No. 2 – that defendant personally requested that plaintiff should

course all payments through him and plaintiff complied 1. Documentary - Proof of payments (Annexes “C”, “D” & “E”)

2. Oral - plaintiff’s testimony

Fact No. 3 – that defendant brought out the problems regarding documentation and plaintiff found out the defendant was not fully authorized to negotiate the subject property and these prompted the plaintiff to stop the payment

1. Oral – plaintiff’s testimony

Fact No. 4 – that defendant said that the payments made by the plaintiff shall be applied to cover 857 square meters and plaintiff agreed

1. Documentary - defendant’s e-mail to Romulus (Annex “F”)

2. Oral - plaintiff’s testimony & Romulus’ testimony

Fact No. 5 – that defendant agreed to sell the 857 square meters at 600,000 per square meter

1. Documentary – Agreement (Annex “G”)


Fact No. 6 – that after several years, the property is still unsold by the defendant and plaintiff’s money remains unpaid

1. Oral – plaintiff’s testimony

Fact No. 7 – that defendant bound himself to buy back the property already bought by the plaintiff with the total area of 857 square meters

1. Documentary – Agreement in Principle (Annex “H”)


Fact No. 8 – that defendant bound himself to pay the plaintiff 450,000

1. Documentary – Final Agreement (Annex “I”)

2. Oral - plaintiff’s testimony & testimony of Romulus who was present at the signing of the Final Agreement and who himself signed as witness

Fact No. 9 – that defendant remains adamant not to comply despite repeated verbal and written demands

1. Documentary – Final Demand Letter (Annex “J”)

2. Oral –plaintiff’s testimony

VI. EVIDENCE, ORDER OF PRESENTATION

A. STIPULATION OF FACTS

Admitted by the defendant in his Answer: 1. that plaintiff Lilia was a close friend of defendant because both are

natives of province;

2. that defendant asked plaintiff sometime in 1993 if she was interested

in buying a property located in their province;

3. that plaintiff agreed to purchase about two thousand seventy eight (2,078) square meters of land area;

4. that a ‘’Kasunduan sa Pagbibili ng Solar’’ was executed on 15 March

1993 between the plaintiff as vendee and defendant’s mother, Visitacion ____, as vendor; and

5. that defendant e-mailed the plaintiff that the payments made by her

correspond to about 857 square meters of the agreed 2,080 square meters.

Additional Stipulation of Facts:

1. that defendant impressed on the plaintiff that he has all the rights to

transact with her as if he is the owner of the property

2. that defendant personally requested that plaintiff should course all

payments through him and plaintiff complied

3. that defendant brought out the problems regarding documentation

which prompted the plaintiff to stop the payment

4. that defendant said that the payments made by the plaintiff shall be

applied to cover 857 square meters and plaintiff agreed

5. that defendant agreed to sell the 857 square meters at 600,000 per

square meter

6. that after several years, the property is still unsold by the defendant

and plaintiff’s money remains unpaid

7. that defendant bound himself to buy back the property already bought by the plaintiff with the total ate of 857 square meters

8. that defendant bound himself to pay the plaintiff 450,000

B. WITNESSES

1. Lilia ____, the plaintiff

2. Romulus, plaintiff’s son and attorney-in-fact

C. LIST OF EXHIBITS

1. Special Power of Attorney executed by plaintiff

in favor of his son Romulus (Annex “A)2. “Kasunduan sa Pagbili ng Solar” (Annex “B”)

3. Proof of payments - list of payments

made by the plaintiff to defendant (Annex “C”)4. Proof of payments – receipts (Annex “D”)

5. Proof of payments – check payments (Annex “E”)

6. defendant’s e-mail to Romulus (Annex “F”)

7. Agreement dated July 20, ____(Annex “G”)

8. Agreement in Principle dated July 2, ____ (Annex “H”)

9. Final Agreement dated July 7, ___ (Annex “I”)

10. Final Demand Letter dated July 4, ____ (Annex “J”)

trial brief_part v and vi

Documents