Republic of the Philippines MUNICIPAL TRIAL COURT IN CITY Branch 4 Sta. Barbara, Zamboanga City
SPS. VERMELLO DELOS REYES & AZULA DELOS REYES, Plaintiffs, -versus-
Special Civil Action No: 3333-3333-33
-for-
SPS. VERDE ODONES & MARIELLU ODONES, UNLAWFUL DETAINER Defendants. x----------------------------------------x
PRE-TRIAL BRIEF FOR THE COMPLAINT
Complainants, by counsel, and unto this Honorable Court respectfully submits their Pre-trial brief in compliance with this Honorable Court’s Order dated 27 February 2017, and states that:
I. POSSIBILITY OF AMICABLE SETTLEMENT AND SUBMISSION TO ALTERNATIVE MODES OF DISPUTE RESOLUTION 1.1
Spouses Vermello Delos Reyes and Azula Delos Reyes respectfully manifest, without admitting liability or waiving any of their rights or defenses, that they are open to any reasonable proposal for amicable settlement from Spouses Verde Odones and Mariellu Odones or referral of the case to alternative modes of dispute resolution, including mediation and or judicial dispute resolution.
II. SUMMARY OF ADMITTED AND UNDISPUTED FACTS 2.1
That even before the document upon which the title was based, plaintiff has long been the owners thereof.
2.2
Spouses spouses
Vermello and Azula Verde and Mariellu
Delos Reyes allowed the Odones to live in their
property located in Tugbungan, Zamboanga City without a written contract but only by mere tolerance. 2.3
Defendants introduced some improvements in the property.
2.4
Plaintiffs have previously demanded orally defendants to vacate their property and which refused to by the defendants.
2.5
The plaintiffs sent a demand letter to the defendants by registered mail on November 17, 2016 and which was received by the defendants.
2.6
The plaintiffs initiated a complaint against defendants before the Katarungan Pambarangay.
2.7
The plaintiffs and the defendants failed to reach a settlement in the Lupong Tagamayapa for the Barangay of Tugbungan.
2.8
The Lupong Tagamayapa issued Action on December 12, 2016.
2.9
Another formal letter was sent by the Plaintiffs to the defendants requesting the latter to enter into a settlement, and the defendants ignored the said letter.
a
Certificate
to
the was
the
File
III. PROPOSED STIPULATION OF FACTS WITH REQUEST FOR ADMISSION
3.1
That Plaintiffs allowed the defendants to stay on their property without a contract but by mere tolerance.
3.2
That Plaintiffs orally demanded the defendants to vacate the property, but the latter refused.
3.3
That plaintiffs sent a demand letter to the defendants by registered mail, and which was received by the latter.
3.4
That plaintiffs initiated a complaint against the defendants before the Katarungan Pambarangay, where in the former and the latter failed to reach into a settlement in the Lupong Tagamayapa for the Barangay of Tugbungan.
3.5
That Plaintiffs as a last ditched to avoid litigation send a formal letter requesting the defendants to enter a settlement but was ignored by the latter.
IV. STATEMENT OF FACTUAL AND LEGAL ISSUE
4.1 Plaintiff respectfully submits the following issues to be
tried or resolved by this Honorable Court: A. Whether or not the Defendants should be evicted from the
Subject
Premises
and
the
plaintiffs
may
recover
physical possession thereof; B.
Whether
or
not
the
defendant
is
liable
to
pay
interest by way of damages for their failure to pay the rentals due for the use of the subject premises which deprived the plaintiff of the enjoyment thereof
V. DOCUMENTARY EVIDENCE
5.1
Exhibit “A” a copy of the Certificate of title of the lot located in Tugbungan, Zamboanga City. This is to prove that the Plaintiffs are the real owners of the lot.
5.2
Exhibit “B” a copy of the Tax Decaration duly asses by the City Assessor of Zamboanga City. This is another proof that the Plaintiffs are the owners of the lot and that they are the one named in the tax declarations.
5.3
Exhibit “C” a copy of the the demand letter that was sent by registered mail on November 17, 2016. This is to prove that the plaintiffs sent a notice to the defendants to vacate the property.
5.4
Exhibit “D” a copy of the Certificate to File Action issued by the Lupong Tagamayapa for the Barangay of Tugbungan on December 12, 2016. This is to prove that the plaintiffs are willing to settle the matters.
5.5
Exhibit “E” a copy of the formal letter that was sent by the plaintiffs to the defendants This is to prove that the plaintiffs in order to avoid litigation, made a last effort to enter into a settlement with the defendants.
VI. APPLICABLE
6.1
LAW IN SUPPORT OF PLAINTIFF’S CLAIMS
Rule 70 Section 1 of the Rules of Courts provides that:
Who may institute proceedings, and when. — Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs. 6.2
Provisions on Unlawful Detainer found in the Rules of Court
6.3
Provisions of the Civil Code on the Statute of Frauds;
6.4
Rule 131, Sec. 2(b), Rules of Court;
6.5
Jurisprudence applicable to this case.
6.6
Provisions of the Civil Code on Lease, Lease Contracts, Rentals, and Ejectment;
VII. WITNESSES TO BE PRESENTED 7.1
Plaintiff will submit her affidavit allegations of the Complaint.
to
prove
the
VIII. RESERVATION 8.1
Plaintiff respectfully reserves the right to present other witnesses, documents or evidences in addition to, or in substitution of, those mentioned above and or for purposes in addition to or in substitution of those mentioned should be a need thereof arises; propose other issues as the exigencies of trial may demand; cite and invoke other laws and jurisprudence that may be relevant in the course of the proceedings; amend his petition, as may be warranted.
WHEREFORE, Plaintiffs Vermello and Azula Delos Reyes, respectfully prays that Defendants, Verde and Mariellu Odones to pay the amount of P24,000.00 and other expenses for litigation.
RESPECTFULLY SUBMITTED
this ____________________ at Zamboanga City,
Philippines.
A’eesa Mar’wa A. Alihuddin
Counsel
Roll of Attorneys No.12345; 5-9-15 IBP No. 123456; 01-10-2015; Zamboanga City PTR No. 123456; 01-03-2015; Zamboanga City MCLE Compliance No. V-0001234; 05-13-2015/Z.C Copy Furnish:
Office of the Clerk of Court Zamboanga City
Atty. Fatima Shenzen Unga Counsel for the Defendant
