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    Sample Civil Case Pre-Trial Brief

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    luiscsrocks
    This document is the plaintiff's pre-trial brief in a civil case regarding unlawful detainer filed against the defendant Antonio Lopez. The plaintiff Corazon de Jesus is not willing to settle amicably but is open to settling expenses related to the subject property's maintenance. The plaintiff admits that the defendant is in physical possession of the subject property and the death of the original owner. The issues to be resolved are whether the defendant's possession or claim of ownership is valid, whether his possession became illegal, and whether relief sought is justified. The plaintiff will present documentary and testimonial evidence including the title, tax declarations, demand letter, birth and death certificates to support their case.

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    Sample Civil Case Pre-Trial Brief

    Uploaded by

    luiscsrocks
    9K views3 pages
    This document is the plaintiff's pre-trial brief in a civil case regarding unlawful detainer filed against the defendant Antonio Lopez. The plaintiff Corazon de Jesus is not willing to settle amicably but is open to settling expenses related to the subject property's maintenance. The plaintiff admits that the defendant is in physical possession of the subject property and the death of the original owner. The issues to be resolved are whether the defendant's possession or claim of ownership is valid, whether his possession became illegal, and whether relief sought is justified. The plaintiff will present documentary and testimonial evidence including the title, tax declarations, demand letter, birth and death certificates to support their case.

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    This is part of our Mock Trial in Law School

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    Sample Civil Case Pre-trial Brief

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    This document is the plaintiff's pre-trial brief in a civil case regarding unlawful detainer filed against the defendant Antonio Lopez. The plaintiff Corazon de Jesus is not willing to settle amicably but is open to settling expenses related to the subject property's maintenance. The plaintiff admits that the defendant is in physical possession of the subject property and the death of the original owner. The issues to be resolved are whether the defendant's possession or claim of ownership is valid, whether his possession became illegal, and whether relief sought is justified. The plaintiff will present documentary and testimonial evidence including the title, tax declarations, demand letter, birth and death certificates to support their case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    9K views3 pages

    Sample Civil Case Pre-Trial Brief

    Uploaded by

    luiscsrocks
    This document is the plaintiff's pre-trial brief in a civil case regarding unlawful detainer filed against the defendant Antonio Lopez. The plaintiff Corazon de Jesus is not willing to settle amicably but is open to settling expenses related to the subject property's maintenance. The plaintiff admits that the defendant is in physical possession of the subject property and the death of the original owner. The issues to be resolved are whether the defendant's possession or claim of ownership is valid, whether his possession became illegal, and whether relief sought is justified. The plaintiff will present documentary and testimonial evidence including the title, tax declarations, demand letter, birth and death certificates to support their case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    MUNICIPAL TRIAL CIRCUIT


    8th Judicial Region
    Branch I
    Catarman, Northern Samar
    Corazon de Jesus,
    Plaintiff,
    -versusDETAINER

    CIVIL CASE No. 1234


    For:
    UNLAWFUL

    Antonio Lopez,
    Defendant,
    X-----------------------------------x
    PLAINTIFFS PRE-TRIAL BRIEF
    PLAINTIFF, through counsel and unto this Honorable Court
    respectfully submits this Pre-Trial Brief compliance with the trial
    courts order received on January 11, 2014.
    I.
    POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE
    MODES OF DISPUTE RESOLUTION
    Plaintiff is not willing to consider any amicable settlement or
    undergo alternative modes of dispute resolution with respect to
    the primary prayer of this complaint. However, the plaintiff is
    open to the possibility of amicable settlement in relation to the
    necessary expenses made by the defendant in the maintenance
    and preservation of the subject property.
    II.
    ADMISSIONS TO THE STIPULATION OF FACTS
    Plaintiff admits the facts herein presented:
    1. Defendant is in physical/actual possession of the subject
    property;

    2. Under paragraph 9.3 of the Answer, as to the death of the


    primitive owner Mr. Andres Y. Bonifaquiao but not as to the
    date of the latters death.
    III.
    ISSUES TO BE TRIED AND RESOLVED
    The Plaintiff proposes the following issues to be tried and
    resolved by this Honorable Court:
    1. Whether the defendants claim of ownership of the subject
    property gives him a better right of possession over the
    same.
    2. Whether the defendants legal possession of the Subject
    Property became illegal upon plaintiffs demand to vacate.
    3. Whether the award of relief sought by defendant is
    justified.
    IV.
    TESTIMONIES AND DOCUMENTS TO BE PRESENTED
    Plaintiff will present
    Testamentary Evidence:

    the

    following

    Documentary

    and

    1. Transfer Certificate of Title No. T-9790 under the name of


    Marcelo and Corazon de Jesus (Annex A);
    2. A copy of the Sketch Plan of the subject property (Annex
    B);
    3. Deed of Absolute Sale between Mr. Andres Bonifaquiao
    and Gabriela Silang to Spouses Marcelo and Corazon de
    Jesus (Annex C);
    4. Tax Declaration No. 0500412 of the Subject Property
    (Annex D);
    5. Tax Declaration No. 0500590 of the Subject Property
    (Annex E);
    6. Demand Letter to Mr. Antonio Lopez date June 21, 2013
    (Annex F);
    7. Certification to File Action dated October 10, 2013 (Annex
    G);

    8. Original Certificate of Title under the name of Mr. Andres


    Bonifaquiao marked CANCELLED by the Register of
    Deeds (Annex H);
    9. Certificate of Death of Mr. Andres Bonifaquiao (Annex
    I);
    10. Affidavit of Ms. Andressa Bonifaquiao (Annex J);
    11. Certificate of Live Birth of Ms. Andressa Bonifaquiao
    (Annex K);
    12. Affidavit of Owner of Property adjacent to the Subject
    Property (Annex L);
    13. Proof of Delivery or the Return Slip of the delivered
    Demand Letter dated June 21, 2013 (Annex M).
    V.
    AVAILABILITY FOR TRIAL
    The Plaintiff respectfully informs this Honorable Court of her
    willingness to proceed to an actual trial of the case whenever
    necessary at the convenient time to the parties and the calendar
    of this tribunal.
    WHEREFORE, premises considered, it is respectfully prayed
    unto this Honorable Court that the foregoing Pre-Trial Brief be duly
    noted.
    Done this 11th day of January 2014.

    ATTY LUIS CISNEROS, JR.


    Counsel for Plaintiff
    Roll No. 1234
    IBP Membership No. 123
    PTR No. 2013-119
    MCLE No. 2013-123
    Catarman, Northern Samar

    COPY FURNISHED:
    ATTY HERBERT MISCREOLA
    Counsel for the Defendant
    JP Rizal St., Catarman
    Northern Samar

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