REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 10
La Trinidad, Benguet
NOBEL TANGACAN,

Civil Case No. 12345

Plaintiff,

FOR

-versusNOVELYN SUMAKEY,
Defendant.
x-----------------------------------x

CANCELLATION OF SALE
OF PARCEL OF LAND

PRE-TRIAL BREIF
WITH UTMOST DEFERENCE TO THE HONORABLE COURT.
PLAINTIFF, by and through the undersigned counsel, and unto this
Honorable Court, most respectfully submit his pre-trial brief as follows:
POSSIBILITY OF AMICABLE SETTLEMENT
Plaintiff is willing to enter into any amicable settlement provided it is
just and reasonable under the circumstances.
FACTS FOR ADMISSION AND/OR
STIPULATION AND DOCUMENTS
FOR ADMISSION
By way of stipulation, the plaintiff proposes the admissions of the
following:
Plaintiff is the owner of a parcel of land located at #354
Pico, La Trinidad, Benguet and covered by Transfer Certificate of
Title No. 060-20122435467 containing a total area of one
thousand (1,000) square meters, more or less;
Plaintiff and defendant entered into a written agreement
of sale which was Contract to Sell on January 20, 2015;
Despite of demand and sufficient time, defendant did not
comply with the terms and conditions of said contract.

ISSUES TO BE RESOLVED
Whether or not the Contract to Sell entered into by the parties on
January 20, 2015, should be annulled and/or declared null and void?
Who between the parties is entitled to damages?
DOCUMENTARY EXHIBITS
EXHIBIT
A

NATURE OF DOCUMENT
Transfer Certificate of Title No. 06020122435467;
PURPOSE: To prove that the plaintiff is
the owner of the parcel of land.

Contract to Sell dated January 20, 2015;

PURPOSE: To prove that the parties was
entered into a written agreement subject
to the following terms and conditions.

Proof of Delivery or Return Copy dated

January 25, 2016;

Proof of Delivery or Return Copy dated

March 20, 2016
PURPOSE: To prove that defendant was
notified and given demand and due time
to comply with her obligation.
WITNESSES TO BE PRESENTED

In addition to the plaintiff, NOBEL TANGACAN, he will be presenting

TWO (2) witnesses including but not limited to CRAME PECKLEY and
PATERSON AGYAO. The plaintiff will testify on what are alleged in his
complaint. The rest will be presented to corroborate to the testimony of the
plaintiff and to testify on the circumstances attending to the perfection of the
Contract of Sell. They however take a reservation to present additional
witnesses when circumstances inquire during the trial proper.
TRIAL DATES
Dates of trial will be agreed upon by the parties in conformity
with the available calendar of the Honorable Court.

RESPECTFULLY SUBMITTED this August 31, 2016 at La Trinidad,

Benguet, Philippines.
ATTY. ELMER MONTINO
Counsel for the Plaintiff
Privilege Tax Receipt No. 2636352, January 15, 2016
Supreme Court Roll No. 150059372 May 5, 2015, Manila
IBP Membership No. 3626718; Baguio-Benguet Chapter
Suite 411, Dean Malaya Building, Poblacion
La Trinidad, Benguet

NOTICE:
The Branch Clerk of Court
Regional Trial Court
Branch 10
La Trinidad, Benguet
Greetings:
Please submit forthwith the foregoing Pretrial Brief to the Honorable
Court upon receipt hereof.
La Trinidad, Philippines, August 31, 2016.
ELMER MONTINO

Copy furnished: (By personal delivery)

_______________________________
Public Attorneys Office
La Trinidad, Benguet