Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITY

Branch 4
Sta. Barbara, Zamboanga City

SPS. VERMELLO DELOS REYES & Special Civil Action

AZULA DELOS REYES, No: 3333-3333-33
Plaintiffs,

-versus- -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 Vermello and Azula Delos Reyes allowed the

spouses Verde and Mariellu 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 the

defendants to vacate their property and which was
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 the

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 a Certificate to File

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.

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 LAW IN SUPPORT OF PLAINTIFF’S CLAIMS

6.1 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 to prove the

allegations of the Complaint.
 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