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Defendants' Pre-Trial Brief

Defendants submitted a pre-trial brief in a civil case regarding forcible entry, damages, and injunction. The brief states that the defendant Taguic owns the disputed land under an original certificate of title since 1957 and a resurvey confirms his ownership. The brief also argues that the case should be dismissed because the plaintiffs did not properly initiate barangay conciliation and lack a cause of action since they are not the lawful owners of the land. Finally, the brief reserves the right to present exhibits and witnesses in support of the defendant's claim of ownership.

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Francis A. Dacut
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52 views1 page

Defendants' Pre-Trial Brief

Defendants submitted a pre-trial brief in a civil case regarding forcible entry, damages, and injunction. The brief states that the defendant Taguic owns the disputed land under an original certificate of title since 1957 and a resurvey confirms his ownership. The brief also argues that the case should be dismissed because the plaintiffs did not properly initiate barangay conciliation and lack a cause of action since they are not the lawful owners of the land. Finally, the brief reserves the right to present exhibits and witnesses in support of the defendant's claim of ownership.

Uploaded by

Francis A. Dacut
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT _______


Province of Misamis Oriental

CIVIL CASE NO. xx-xxxx


FOR:

Plaintiffs, FORCIBLE ENTRY,


DAMAGES AND INJUNCTION
-versus-

Defendants.
x---------------------/

DEFENDANTS’ PRE-TRIAL BRIEF

DEFENDANTS, thru undersigned and unto the Honorable Court,


most respectfully submits:
1. That defendants are willing to undergo any alternative modes of
dispute resolution;
2. That the fact of defendant Taguic’s ownership of the questioned
lot under OCT No. P-28225 and his possession thereof since
1957 is admitted. Also, a resurvey of the whole land of Taguic
shows that the contested portion of the land is still owned by
him;
3. That defendants do not propose any stipulation of fact;
4. That the application by plaintiff to have the subject lot titled did
not prosper as they are not the lawful owner over the same,
thus plaintiff lacks the cause of action in filing this case;
5. That forcible entry, injunction and damages should instead be
made against plaintiff as they do not have any right to the lot in
question;
6. That this case was not properly brought before the Lupong
Tagapamayapa for the correct barangay conciliation, hence
should be dismissed;
7. That exhibits to be marked are those attached to the answer as
Annexes “1” to “4” and other possible exhibits with its sub-
markings are reserved;
8. That referral to Commissioners when necessary is permited;
9. That the defendants will testify if required;
10.That other witnesses are also hereby reserved.
WHEREFORE, it is most respectfully prayed of that the foregoing
be favorably considered.
June 18, 2009, _____________.

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