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Republic of the Philippines

Second Judicial Region


REGIONAL TRIAL COURT
Branch 22
Cabagan, Isabela

REBECCA ZIPAGAN Civil Case No. 22-1339


Plaintiff,
For:
ANNULMENT OF INSTRUMENT
and QUIETING OF TITLE with
PRELIMINARY INJUNCTION

-versus-
CYNTHIA BANGUILAN ANSAN,
LOURDES Z. LABIAN, HEIRS
OF RAMON ZIPAGAN,
Represented by MARIFI MAGNO
and HEIRS OF LUDIVINA Z.
GUARIÑO Represented by
SANTOS GUARIÑO,
Defendants.

X -------------------------------------------------X

PRE-TRIAL BRIEF

DEFENDANT CYNTHIA BANGUILAN ANSAN, through the


undersigned counsel, unto this Honorable Court, respectfully submits this
Pre-Trial Brief:

STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE


SETTLEMENT AND TO OTHER MODES DISPUTE RESOLUTION

Defendant Cynthia Banguilan Ansan manifests her intention to submit


to other modes resolution under terms which are just and equitable in the
premises.

SUMMARY OF ADMITTED FACTS


AND PROPOSED STIPULATED FACTS

The following are the admitted facts:

1. The respective identities and addresses of plaintiff and defendant


Cynthia Banguilan Ansan;
2. The fact of sale between plaintiff’s siblings representing their
respective share of the property in favor of defendant

The following are the proposed stipulated facts:

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1. Defendant Cynthia Banguilan Ansan acquired lawful ownership of
the 2, 408 square meters of land through sale as evidenced by A
Deed of Adjudication with portion Sale;
2. The property bought by defendant represents the pro-indiviso
shares of said legal heirs of Renato R. Zipagan, who died without any
will or testament;
3. After the consummation of the sale to the defendant, she
immediately occupied and took possession of the subject property
through tenants, namely Paula Buraga and Juanito Buraga;
4. The said tenants in turn, deliver the “tercia” or proceeds to the
defendant;
5. The property was fenced and was introduced with improvements by
the defendant without any opposition from the plaintiff or from
anyone;
6. She has declared the same property under her name for tax purposes
and has been paying religiously the corresponding realty tax
thereon;
7. The fact of sale was known not only to the plaintiff and the heirs but
also by the general public;
8. The plaintiff and Ceferino Zipagan knew that the respective shares of
their co-heirs were sold to the defendant;
9. After learning the fraudulent title of the plaintiff, the heirs
particularly Ceferino Zipagan, opposed the same by annotating an
adverse claim at the back of the transfer certificate of title of the
plaintiff;
10. Plaintiff never set foot to the property sold to the defendant.

LEGAL ISSUES

1. Whether or not the plaintiff secured her torrens title


fraudulently and surreptitiously without regard of her siblings’
pro-indiviso shares; and
2. Whether or not Plaintiff’ alleged Deed of Sale in her favor was
simulated;and
3. Whether or not Plaintiff never set foot to the property sold to
the defendant.

EVIDENCE FOR MARKINGS

1. ANNEX “1” – Deed of Adjudication with portion Sale-to prove


that defendant Cynthia Banguilan Ansan is the lawful owner of the 2,
408 square meters subject land ;

2. ANNEX “2”- Original Certificate of Title No. ______ - to prove


that the was originally registered under the name of Renato Zipagan
which caused to be cancelled through fraud and misrepresentation;

3. ANNEX “3” – Sketch Plan - to show the area sold to the


defendant and further to prove that Renato Zipagan’s heirs including
plaintiff and Ceferino Zipagan knew the sale of a portion of the land
in favor of the defendant

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4. ANNEXES “4”, “5” and “6”- Tax Declaration, Certification and
Tax Receipts, respectively –to prove that defendant has tried to
effectuate the transfer of title in her name after the sale and to prove
further that she already took possession of the lot sold;

5. ANNEX “7” – Pinagsamang Sinumpaang Salaysay Ng Pagbawi


Ng Naunang Salaysay of Juanito Buraga and Paula Buraga - to
prove that defendant was the owner of the lot they are tilling; to
prove defendant’s occupation and possession; to prove that plaintiff
and Ceferino Zipagan never took possession of the property and to
prove the recantation of the previous Sinumpaang Salaysay dated
May 17, 2018;

6. Reservation of other documentary exhibits.

APPLICABLE LAWS

1. ______________
2. ______________
3. ______________

WITNESSES

1. Defendant Cynthia Banguilan Ansan;


2. Juanito Buraga
3. Reserved for other persons who have knowledge of the premises
of this case and they will be identified during Pre-Trial –
he/she/they will likewise testify the surrounding circumstances
related in the above-captioned case.

AVAILABLE DATES FOR TRIAL

The defendant respectfully requests that the trial dates be agreed


upon in open court at such dates and time convenient to the parties and the
calendar of this Honorable Court.

PRAYER

PREMISES CONSIDERED, it is most respectfully prayed of this


Honorable Court to give due course to this Pre-Trial Brief by admitting the
same.

Other reliefs, which are just and equitable are likewise prayed for.

_________________. August _______, 2018.

By:

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Copy furnished:

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