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    Pre-Trial Brief of The Defendant

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    Jane CA
    This document is a pre-trial brief submitted by the defendant's counsel in the case of Josefa M. Trias v. Cristobal Horceba, Abundio Nahid, and Melogen Calimutan. The defendant admits the plaintiff's claims but raises the defense that they have a valid agreement with the previous land owner allowing them to occupy the land. The defendant proposes admitting stipulations of fact and presenting witness testimony and documentary evidence to prove the existence of the agreement. The key issues to be resolved are whether the defendant can be held liable for unlawful detainer and if the agreement is binding to the new land owner.

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    © All Rights Reserved
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    Pre-Trial Brief of The Defendant

    Uploaded by

    Jane CA
    101 views4 pages
    This document is a pre-trial brief submitted by the defendant's counsel in the case of Josefa M. Trias v. Cristobal Horceba, Abundio Nahid, and Melogen Calimutan. The defendant admits the plaintiff's claims but raises the defense that they have a valid agreement with the previous land owner allowing them to occupy the land. The defendant proposes admitting stipulations of fact and presenting witness testimony and documentary evidence to prove the existence of the agreement. The key issues to be resolved are whether the defendant can be held liable for unlawful detainer and if the agreement is binding to the new land owner.

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    pRE TRIAL BRIEF.docx

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    This document is a pre-trial brief submitted by the defendant's counsel in the case of Josefa M. Trias v. Cristobal Horceba, Abundio Nahid, and Melogen Calimutan. The defendant admits the plaintiff's claims but raises the defense that they have a valid agreement with the previous land owner allowing them to occupy the land. The defendant proposes admitting stipulations of fact and presenting witness testimony and documentary evidence to prove the existence of the agreement. The key issues to be resolved are whether the defendant can be held liable for unlawful detainer and if the agreement is binding to the new land owner.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    101 views4 pages

    Pre-Trial Brief of The Defendant

    Uploaded by

    Jane CA
    This document is a pre-trial brief submitted by the defendant's counsel in the case of Josefa M. Trias v. Cristobal Horceba, Abundio Nahid, and Melogen Calimutan. The defendant admits the plaintiff's claims but raises the defense that they have a valid agreement with the previous land owner allowing them to occupy the land. The defendant proposes admitting stipulations of fact and presenting witness testimony and documentary evidence to prove the existence of the agreement. The key issues to be resolved are whether the defendant can be held liable for unlawful detainer and if the agreement is binding to the new land owner.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The key takeaways are that this is a case of unlawful detainer filed by Josefa M. Trias against Cristobal Horceba, Abundio Nahid, and Melogen Calimutan. The defendants claim they have a right to occupy the land based on an agreement with the previous land owner.

    This is a case of unlawful detainer filed by the plaintiff Josefa M. Trias against the defendants Cristobal Horceba, Abundio Nahid, and Melogen Calimutan for occupying a portion of land registered under TCT No. 1032011000481.

    The plaintiff claims the defendants have no right to occupy the land while the defendants argue they are entitled to do so based on an agreement they had with the previous land owner. The defendant admits the facts stated in paragraphs 1 and 2 of the complaint.

    Republic of the Philippines

    MUNICIPAL TRIAL COURTS


    BRANCH
    Municipality of Santa Catalina
    Province of Negros Oriental

    JOSEFA M. TRIAS Case no. 423


    Plaintiff

    FOR:UNLAWFUL DETAINER WITH DAMAGES

    -versus-

    CRISTOBAL HORCEBA,ABUNDIO NAHID,


    AND MELOGEN CALIMUTAN
    Defendants
    x----------------------------------------------------x

    PRE-TRIAL BRIEF OF THE DEFENDANT

    THE DEFENDANT, represented by the undersigned counsel,


    respectfully submits to this Honorable Court this Pre-Trial Brief to wit:
    I
    BRIEF STATEMENTS OF CLAIMS AND DEFENSES
    The defendant admits the following fact/s:
    2.Paragraphs 1 and 2 of the complaint;
    2.1 Plaintiff claims that defendants have no rights to occupy the
    portion of the land with TCT no.1032011000481.
    2.2 Defendants raise as a defense that they are entitle to occupy
    the said land as per agreement with the previous owner of
    the land.
    II
    PROPOSE STIPULATION OF FACTS
    1) Defendants possess a valid agreement that allows them to occupy the
    subject lot.
    2) Defendants had pay the amount with the previous owner for them to
    be allowed to toil and stay on the land.

    1
    II.
    BRIEF STATEMENTS OF CLAIMS AND DEFENSES
    The defendant admits the following fact/s:
    2.Paragraphs 1 and 2 of the complaint;
    2.1 Plaintiff claims that defendants have no rights to occupy the
    portion of the land with TCT no.1032011000481.
    2.2 Defendants raise as a defense that they are entitle to occupy
    the said land as per agreement with the previous owner of the land.

    III
    POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES
    OF DISPUTE RESOLUTION

    1) The defendant is willing to consider any amicable settlement or


    undergo alternative modes of dispute resolution.
    1.1 Provided that the plaintiff is open to settling the dispute amicably
    subject to a concrete proposal that is fair and reasonable and a reciprocal
    manifestation of openness from plaintiff.

    IV.
    ISSUE TO BE TRIED AND RESOLVED

    3. Whether or not the defendant can be held liable of unlawful


    detainer?
    3.1 Whether or not the defendants has right to occupy the land
    with TCT no.103-2011000481?
    3.2 Whether or not the “ Kasunduan” Agreement between the
    previous owner and the defendants are binding with new
    owners ?

    V.
    DOCUMENTARY EVIDENCES TO BE PRESENTED

    4.The defendant will present the following documents:

    2
    4.1 Copy of the “Kasunduan”------------“Exhibit 1”
    4.2 Judicial Affidavit of CRISTOBAL HORCEBA ----“Exhibit 2”
    4.3 Judicial Affidavit of ABUNDIO NAHID -“Exhibit 3”
    4.4 Judicial Affidavit of MELOGEN CALIMUTAN ------“Exhibit 4”

    VI.
    WITNESSES TO BE PRESENTED

    5.The defendant intends to present the following witnesses:


    5.1 MR. CRISTOBAL HORCEBA- To established the fact that the agreement was signed
    between previous owners and the defendants, that allows the defendants to stay and
    occupy the land for a period of 15 years.
    5.2 ABUNDIO NAHID,- To corroborate the statement of MR. CRISTOBAL HORCEBA.
    5.3 MELOGEN CALIMUTAN- To corroborate the statement of the other two defendants.
    Additional witnesses and other documentary evidence are hereby
    reserved for presentation and proper identification during scheduled
    hearing.
    VI
    RESORT TO DISCOVERY
    6.1 Considering the relatively simple issues presented, plaintiff does
    not intend to avail the discovery at this time.
    6.2 Subject ,however,to concrete and reasonable request for
    discovery from defendant ,plaintiff reserves the right to resort to
    discovery before trial.

    VII.
    TRIAL DATES

    Specifically every other tuesday of the month, with the regular


    appearance of the undersigned counsel before this Honorable Court.

    RESPECTFULLY SUBMITTED.
    July 03, 2018

    3
    ATTY.CRISTINE JOY JAGODILLA
    Counsel for the Defendant
    Ancheta Apartment Siliman Avenue Extension Dumagete City
    PTR No. 01234; 1/4/2017
    IBP No. 56789; 1/4/2017
    Roll of Attorneys No. 11111
    MCLE Compliance No. 22222; 1/4/2017

    Copy Furnished by Personal Service:


    ATTY. IAN BLANCO
    Counsel for the Plaintiff
    Dumaguete City

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