REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

9
TH
Judicial Region
Branch 1
SPS. GIOVANNI GUEVARA CIVIL CASE No. 12345
AND AREANNE GUEVARA
Plaintiffs,

-versus- ----- FOR-------
GRACE ANGELIE ASIO, UNLAWFUL DETAINER

Defendant,
x-----------------------------------x
PRE-TRIAL BRIEF FOR DEFENDANT
COMES NOW Defendant, through his undersigned counsel and to this
Honorable Court, most respectfully submits the Pre-Trial Brief, consisting of the
following:
I. STATEMENT OF DEFENDANT WILLINGNESS TO ENTER INTO
AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE
RESOLUTION, INDICATING THE DESIRED TERMS THEREOF.
Defendant is willing to enter into amicable settlement provided that the
THREE HUNDRED FIVE (305) SQUARE METERS out of the total area of
ONE THOUSAND EIGHT HUNDRED THIRTY ONE (1,831) SQUARE
METERS registered in favour of the Plaintiff-Spouses be segregated in favour
of the Defendants aunt RIZA E. SOTTO by virtue of the original extra judicial
settlement of estate.
II. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION
OF FACTS.
1. Plaintiffs personal circumstances.
2. That on October 8, 1983, an extrajudicial settlement of estate was executed
to subdivide the property of Juana Espinosa covered by TCT # 6-666
covering an area of 1, 831 sq. m. among Riza E. Sotto for 305, square meters
and Gabby C. Espinosa for 1,526 square meters.
3. That on September 12, 1984, defendants aunt, Riza Espinosa Sotto, thru an
affidavit allowed the defendant, being her niece, to occupy her property
containing an area of 305 square meters, a portion of the subject property
representing her share of their parents (defendants grandparents) estate as
shown in the approved subdivision plan and extrajudicial settlement of estate
since she is going abroad.
4. On December 4, 1986, while Riza Espinosa Sotto was in the U.S.,
defendants parents were forced to sign a new extrajudicial settlement by the
plaintiff spouses to exclude her aunt so they could sell the property to plaintiff-
spouses thinking that only their share was sold.
5. Plaintiffs have NO CAUSE OF ACTION against herein Defendant as they are
not the ones entitled to possession and occupation thereof, but Grace E.
Asio.
III. STATEMENT OF THE ISSUES TO BE TRIED AND RESOLVED.
I. WHETHER OR NOT PLAINTIFF-SPOUSES HAVE A CAUSE OF
ACTION TO EJECT DEFENDANT FROM THE SUBJECT
PROPERTY.
II. WHETHER OR NOT DEFENDANT IS ENTITLED TO DAMAGES,
ATTORNEYS FEES AND COST OF LITIGATION.
III. WITNESS TO BE PRESENTED, ABSTRACT OF THEIR
TESTIMONIES.
1. Grace E. Asio
2. Riza E. Sotto
3. Engr. Radz Monel
4. Atty. Alphalpha XXX.
Defendant reserves his right to present additional witnesses should
the need arises.
IV. LIST OF DOCUMENTS TO BE PRESENTED DURING TRIAL
Exhibit 1 - Affidavit to occupy a parcel of land containing an area of 305 sq.
m. executed by Riza E. Sotto
Exhibit 2 Approved Subdivision Plan and Sketch Plan
Exhibit 3 Extrajudicial Settlement of Estate executed by Gabby Expinosa
and Riza Sotto.
Defendant reserves his right to present additional witnesses should
the need arises.

V. DEFENDANTS INTENTION TO AVAIL OF ANY OF THE MODES OF
DISCOVERY PROVIDED UNDER RULE 23 TO 28 OF THE 1997
RULES OF CIVIL PROCEDURE.
Herein Defendant most respectfully manifests that he will avail of any of the
modes of discovery under Rule 23 to 28 of the 1997 Rules of Civil Procedure,
more particularly, production or inspection of documents or things.
VI. APPLICABLE LAWS AND JURISPRUDENCE.
1. Applicable provisions of the Civil Code of the Philippines.
2. Cases on Philippine Jurisprudence
Defendant reserves his right to present additional applicable laws and
jurisprudence.
VII. AVAILABLE TRIAL DATES OF COUNSEL TO COMPLETE
PRESENTATION OF EVIDENCE.
After the completion of the presentation of evidence of the Plaintiffs.
Respectfully submitted.
City of Zamboanga, Philippines, 23
rd
of December 2010.
ATTY. CHARLES A. TILOS
Counsel for the Defendant
The Firm Law Office
Canelar, Zambaonga City
PTR No. 0204754 1/5/12
IPB No. 000007 12/5/12
MCLE NO. II-006666-11/5/12
At Zamboanga City
Roll of Attorney No. 98765
Copy furnished:
ATTY. Harjade Dammang
647-A Mayor Jaldon St.,
Canelar, Zamboanga City