REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

8th Judicial Region
Branch _
Tacloban City

CHLOE MARIELLE DE LA CRUZ,

Plaintiffs,

- versus - CIVIL CASE No. _______

FOR: Quieting of Title with
Temporary Restraining Order
and Preliminary Injunction

ASHTON PAMINTUAN,
Defendant.

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

PRE-TRIAL BRIEF OF THE DEFENDANT

The DEFENDANT, represented by the undersigned counsels as his

attorney-in-law, most respectfully submits to this Honorable Court this Pre-
Trial Brief, to wit;

I
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE DISPUTE
RESOLUTION

The defendant is not willing to consider any amicable settlement, or

undergo any alternative modes of dispute resolution with respect to the
prayer of the petition/complaint, for such issues are sensitive and requires
judicial resolution.

II
SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACT

The following are the admitted facts:

1. Defendant admits the averments contained in paragraphs

1,2,3,4,5,6,7,8,9,14,16,17 of the complaint.
The following are the proposed stipulation of facts:

1. That the defendant sent a letter by registered mail signifying the

reasons why such Transfer Certificate of Title (TCT. 10070) was not
sent to Julia de la Cruz.

2. That upon Julia de la Cruz return on April 6, 2011, the latter came up
with an agreement with the defendant subjecting the property in
question to a conditional sale, hence the execution of the deed of sale.

3. That the deed of sale is genuine and duly executed as it appears, and
that the signatures appearing thereon are true as to the respective
signatories.

4. That with all the foregoing statements, Plaintiff no longer have any
equitable title or interest upon the property in question.

III
ISSUES TO BE RESOLVED

1. Whether or not, the Plaintiff has a cause of action against the

defendant.

IV
DOCUMENTS TO BE PRESENTED

The following documents are to be presented:

Exhibit 1 - Registry receipt to prove that a letter was sent by the

Defendant while Julia de la Cruz was in the United States of America.

Exhibit 2- Deed of conditional sale to prove the veracity of the

document and that plaintiff, Julia de la Cruz consciously and
voluntarily executed the Deed of Conditional Sale.

Exhibit 3(1) Judicial Affidavit of the defendant Ashton Pamintuan to

prove that both parties voluntary and consciously executed the deed
of conditional sale.

Exhibit 3(2) - Judicial affidavit of Nico Robin To prove that the deed
of conditional sale was voluntary signed personally by Julia de la Cruz
 without any attending circumstances, and that the latter was fully
aware of the nature of the documents presented before her.

Exhibit 3(3) - Judicial affidavit of Felipe Manciano To prove that the

deed of conditional sale was voluntary signed personally by Julia de
la Cruz without any attending circumstances, and that the latter was
fully aware of the nature of the documents presented before her.

V
WITNESSES TO BE PRESENTED

1. The defendant himself to testify that both parties voluntary and

consciously executed the deed of conditional sale.

2. Nico Robin to testify that the deed of conditional sale was voluntary
signed personally by Julia de la Cruz without any attending circumstances,
and that the latter was fully aware of the nature of the documents presented
before her.

3. Felipe Manciano to testify that the deed of conditional sale was

voluntary signed personally by Julia de la Cruz without any attending
circumstances, and that the latter was fully aware of the nature of the
documents presented before her.

VI
TRIAL DATES

Specifically all Mondays of the month, with the regular appearance of

the undersigned counsel before this Honorable Court.

RESPECTFULLY SUBMITTED.
Tacloban City, Leyte, Philippines 6501 June 3, 2008

LEONIDA, MARQUEZ, and MONTALLANA LAW OFFICE

4th Flr. New Bldg.
Cor. Real and Imelda Avenida Sts.
Tacloban City

By:
 ATTY. ROD FRANCIS B. MARQUEZ
Counsel for the Defendant
PTR No. 1326619 01/02/2013
IBP No. 884306 12/20/2012
Roll No. 57385
MCLE No. III-0019302
Date Issued: 10/1/2014

ATTY. KERWIN GERARD REYNATO LEONIDA

Counsel for the Defendant
PTR No. 1326618 01/02/2013
IBP No. 884305 12/20/2012
Roll No. 57384
MCLE No. III-0019301
Date Issued: 10/10/2012

ATTY. NEIL MONTALLANA

Counsel for the Defendant
PTR No. 1326620 01/02/2013
IBP No. 884307 12/20/2012
Roll No. 57386
MCLE No. III-0019303
Date Issued: 09/1/2013

Copy Furnished by personal service:

Molvizar, Pacala, and Petilla Law Office
2nd Flr BPI Bldg.
cor. J. Romualdez del Pilar Sts.,
Tacloban City

Received by: Date:

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