Republic of the Philippines
REGIONAL TRIAL COURT OF BUKIDNON
10th Judicial Region
Branch 10
Malaybalay City
ENGR. EMMANUEL V. Civil Case No. 4940-17
RAUSA
FOR:
ERMELINDA RAUSA-
ARRIOLA, CONSIGNATION WITH
DAMAGES
AND ALFREDO V. RAUSA,
Plaintiffs,
- versus –
JUKENS PROPERTY
DEVELOPMENT CORP., REP.
BY JOELITO TALAID,
Defendant.
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PRE-TRIAL BRIEF
(FOR THE PLAINTIFFS)
PLAINTIFFS, through undersigned counsel and unto this
Honorable Court, most respectfully submits this Pre-Trial Brief,
to wit:
I. POSSIBILITY OF AMICABLE SETTLEMENT
The plaintiffs’ manifest that they are willing to explore
possibilities for an amicable settlement provided it is fair and
reasonable under the circumstances.
II. ADMITTED FACTS
All of the allegations indicated in the pleading submitted by
the plaintiffs.
III. PROPOSED STIPULATIONS OF FACTS
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As provided under Rule 26 of the Rule on Civil Procedure,
the plaintiffs request defendant to admit the genuineness and
due execution of the following documents within fifteen (15)
days after service thereof, otherwise each of the following
documents shall be deemed admitted:
a. Transfer Certificate of Title No. AT-22040;
b. Transfer Certificate of Title No. AT-12004;
c. Transfer Certificate of Title No. AT-12005;
d. Transfer Certificate of Title No. AT-22039;
e. Transfer Certificate of Title No. AT-22038;
f. Transfer Certificate of Title No. AT-100756;
g. Transfer Certificate of Title No. AT-100757;
h. Transfer Certificate of Title No. AT-100758;
i. Transfer Certificate of Title No. AT-100759;
j. Transfer Certificate of Title No. AT-100760;
k. Transfer Certificate of Title No. AT-91969;
l. Special Powers of Attorney dated February 09, 2016;
m. Special Power of Attorney dated 02 February 2012;
n. Contracts to Sell over Parcels of Land between
Complainants and defendant Juken Property Development
Corporation;
o. Consolidated Subdivision Plan ;
p. Letter dated 17 February 2017 addressed to Atty. Joeffrey
Sayson;
q. Letters of Rescission dated 25 July 2017 and 28 September
2017 both addressed to Joelito Talaid;
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r. Notice of Consignation dated 03 October 2017 addressed to
Joelito Talaid;
s. Cashier’s Check with Check No. 7280002164 payable to the
order of Jukens Property Development Corporation;
Plaintiffs also propose to stipulate on the following facts:
a. The defendant is liable for the payment of the remaining
balance of the Contract to Sell in the amount of Php
8,921,350.00;
b. The defendant did not pay its monetary obligation to the
plaintiffs as they fall due;
c. Defendant received letters of rescission dated July 25 and
September 28, 2017;
d. Defendant did not reply to the same despite receipt;
e. Defendant received a Notice of Consignation dated October
23, 2017 together with a Check payable to its order in the
amount of Php 7,850,000.00;
f. Rescission of the Contract to Sell was proper;
g. Consignation was properly made;
h. Defendant encashed the aforementioned check;
i. The plaintiff incurred damages as a result of the
defendant’s refusal to accept the initial payments;
IV. STATEMENT OF THE ISSUES
a. Whether or not consignation was properly made;
b. Whether or not the plaintiff is entitled to damages.
V. WITNESSESS
a. Emmanuel V. Rausa
b. 2 others reserved
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VI. DOCUMENTARY EVIDENCE
Plaintiff requests the marking as exhibits of the following
documents:
a. Transfer Certificate of Title No. AT-22040;
b. Transfer Certificate of Title No. AT-12004;
c. Transfer Certificate of Title No. AT-12005;
d. Transfer Certificate of Title No. AT-22039;
e. Transfer Certificate of Title No. AT-22038;
f. Transfer Certificate of Title No. AT-100756;
g. Transfer Certificate of Title No. AT-100757;
h. Transfer Certificate of Title No. AT-100758;
i. Transfer Certificate of Title No. AT-100759;
j. Transfer Certificate of Title No. AT-100760;
k. Transfer Certificate of Title No. AT-91969;
l. Special Powers of Attorney dated February 09, 2016;
m. Special Power of Attorney dated 02 February 2012;
n. Contracts to Sell over Parcels of Land between
Complainants and defendant Juken Property Development
Corporation;
o. Consolidated Subdivision Plan ;
p. Letter dated 17 February 2017 addressed to Atty. Joeffrey
Sayson;
q. Letters of Rescission dated 25 July 2017 and 28 September
2017 both addressed to Joelito Talaid;
r. Notice of Consignation dated 03 October 2017 addressed to
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Joelito Talaid;
s. Cashier’s Check with Check No. 7280002164 payable to the
order of Jukens Property Development Corporation;
VII. MODES OF DISCOVERY PROCEDURE
Plaintiffs reserve the right to avail of the modes of discovery
in addition to the aforementioned request for stipulation.
VIII. APPLICABLE LAWS AND JURISPRUDENCE
a. The plaintiff grounds its claims on the pertinent provisions
of the New Civil Code and 1997 Rules on Civil Procedure
including the applicable jurisprudence.
IX. MODES OF DISCOVERY PROCEDURE
Plaintiff intends to avail of discovery procedures or referral
to commissioners when necessary.
X. RESERVATION
Plaintiff respectfully reserve the right to present additional
testimonial and documentary evidence as may become necessary
in the course of the trial.
XI. SPECIFIC TRIAL DATES
It is respectfully requested that the trial dates be set during
the pre-trial conference to dates most convenient to this
Honorable Court and to all the parties.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that the Pre-Trial Brief be noted.
Other reliefs just and equitable under the foregoing are
likewise being prayed for.
Respectfully submitted.
Malaybalay City, Bukidnon, 20 January 2020.
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LAGAMON AND ASSOCIATES LAW OFFICE
2nd Floor, Jamstar Bldg., corner
Judge Carillo-San Isidro St.
Brgy 5 Poblacion, Malaybalay City Bukidnon
Counsel for the Plaintiffs
By:
DENCE CRIS L. RONDON
Roll of Attorneys’ No. 67495
PTR No. 9648618/03 JAN. 2020/BUK.
IBP O.R. No. 089767/28-DEC-2019/BUK.
Tax Identification No. 496-556-017-000
MCLE Compliance No. VI-0011647
issued on 18 August 2018
09177038190
Copy Furnished:
ATTY. JEOFFREY C. SAYSON
Malaybalay City, Bukidnon
Counsel for
JUKENS PROPERTY DEVELOPMENT
CORPORATION rep. by JOELITO
TALAID
ATTY. EMILIO P. CASIÑO III
Unit 1216, Balagtas Royale Mansions,
Balagtas St., Pasay City
EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil
Procedure)
Due to distance, time constraints, and insufficient
manpower, personal filing and service of this pleading was not
resorted to and instead copies of the same were sent by
registered mail with attached registry receipts to the respective
addressees.
DENCE CRIS L. RONDON
