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    Pre-Trial Brief For Plaintiff Sample

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    Victor Sarmiento
    This pre-trial brief is for a case filed by Xander Ford against Jake Zyrus regarding recovery of possession of land. [1] Xander Ford inherited the land from his father Juan Dela Cruz, who originally purchased it in 1952. [2] The land was later subdivided, with one lot (Lot 4070) registered under Juan Dela Cruz. [3] Xander Ford purchased this lot from Juan Dela Cruz in 1995 but Jake Zyrus has since encroached on the land and claims ownership, leading to the current case.

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    © All Rights Reserved
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    Pre-Trial Brief For Plaintiff Sample

    Uploaded by

    Victor Sarmiento
    8K views4 pages
    This pre-trial brief is for a case filed by Xander Ford against Jake Zyrus regarding recovery of possession of land. [1] Xander Ford inherited the land from his father Juan Dela Cruz, who originally purchased it in 1952. [2] The land was later subdivided, with one lot (Lot 4070) registered under Juan Dela Cruz. [3] Xander Ford purchased this lot from Juan Dela Cruz in 1995 but Jake Zyrus has since encroached on the land and claims ownership, leading to the current case.

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    Sample of pre-trial brief, Civil case on recovery of possession

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    Pre-Trial Brief for Plaintiff Sample

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    This pre-trial brief is for a case filed by Xander Ford against Jake Zyrus regarding recovery of possession of land. [1] Xander Ford inherited the land from his father Juan Dela Cruz, who originally purchased it in 1952. [2] The land was later subdivided, with one lot (Lot 4070) registered under Juan Dela Cruz. [3] Xander Ford purchased this lot from Juan Dela Cruz in 1995 but Jake Zyrus has since encroached on the land and claims ownership, leading to the current case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    8K views4 pages

    Pre-Trial Brief For Plaintiff Sample

    Uploaded by

    Victor Sarmiento
    This pre-trial brief is for a case filed by Xander Ford against Jake Zyrus regarding recovery of possession of land. [1] Xander Ford inherited the land from his father Juan Dela Cruz, who originally purchased it in 1952. [2] The land was later subdivided, with one lot (Lot 4070) registered under Juan Dela Cruz. [3] Xander Ford purchased this lot from Juan Dela Cruz in 1995 but Jake Zyrus has since encroached on the land and claims ownership, leading to the current case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4
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    The key takeaways are that the plaintiff Xander Ford is seeking to recover possession of a piece of land from the defendant Jake Xyrus who has encroached on the land. The plaintiff claims ownership of the land through inheritance from his father Juan Dela Cruz.

    The plaintiff's theory is that the subject property was originally owned by Juan Dela Cruz who purchased it in 1952. Juan Dela Cruz then subdivided the land and sold part of it to the plaintiff Xander Ford in 1995. However, the defendant Jake Xyrus has now encroached on the land and claims it as his own.

    Three key facts are proposed for admissions: 1) Juan Dela Cruz originally owned the land, 2) The land was subdivided and part was registered under Juan Dela Cruz's name, 3) Juan Dela Cruz sold the land to the plaintiff Xander Ford in 1995.

    Republic of the Philippines

    REGIONAL TRIAL COURT


    8th Judicial Region
    Branch 20
    Catarman, Northern Samar

    XANDER FORD
    Plaintiff,

    -versus- Civil Case No. A-1234


    For: RECOVERY OF POSSESSION

    JAKE ZYRUS,
    Defendant.
    x-------------------------------------------------------------------------------------x
    PRE-TRIAL BRIEF FOR THE PLAINTIFF

    MANIFESTATION

    PLAINTIFF by counsel respectfully states that:

    I. WILLINGNESS TO COMPROMISE

    Plaintiff is open to offer for a compromise agreement in the amount not


    less than 250,000 pesos.

    II. PLAINTIFFS THEORY

    The subject property is owned by Juan Dela Cruz (plaintiffs father)


    evidenced by the latters Deed of Sale from Pedro Lumundag dated March
    27, 1952 containing an area of 12,000 Square Meters. One of the adjoining
    lots is one owned by Roger Federer which is located in Brgy. Jose Abad
    Santos, Catarman, N. Samar.

    In year 1956, the land owned by Juan Dela Cruz was subdivided into four
    (4) lots such as Lot Nos. 4070, 4100, 4128 & 4129. Lot 4070 is a registered
    land declared in the name of Juan Dela Cruz covered by Original Certificate
    of Title No. 2173 containing an area of 8,840 Square Meters.

    Page 1 of 4
    The lot subject of this case is part of Lot No. 4070 which is now owned by
    Xander Ford.
    However, Jake Xyrus encroached on said area and claimed that it is his
    property which is the subject of the instant case.

    III. FACTS PROPOSED FOR ADMISSIONS

    1. The plaintiff through his father Juan Dela Cruz owned the subject
    land it being bought from Elpidio Lumundag on March 27, 1952;

    2. Land owned by Juan Dela Cruz was subdivided into 4 lots where
    one of its Lot No. 4070 is registered in the name of Juan Dela Cruz
    as covered by Certificate of Title No. 2173 containing an area of
    8,840 Square Meters located in Brgy. Jose Abad Santos, Catarman,
    Northern Samar;

    3. The land owned by Juan Dela Cruz under Lot No. 4070 was already
    sold to Xander Ford on December 6, 1995;

    4. The authenticity and due execution of the documentary exhibits as


    shown in the documentary evidences;

    IV. ISSUES

    1. Factual Issues

    1.1. Whether or not the land area covered by the foreshore


    lease agreement encroached Lot No. 4070, the area
    subject of this case;

    2. Legal Issues

    2.1. Whether or not the contract of sale is superior to the


    foreshore lease;

    2.2. Whether or not the possession of herein defendant is


    lawful by virtue of the foreshore lease agreement;

    V. EVIDENCE FOR THE PLAINTIFF

    1. Special Power of Attorney (Exhibit A) To show the authority of Atty.


    Japheth Serafin, as Attorney-in-fact of Xander Ford, to represent him in the instant
    case;

    Page 2 of 4
    2. Deed of Absolute Sale of Unregistered Land (Exh. B)- To show the
    title of ownership of Juan Dela Cruz;

    3. Original Certificate of Title No. 2173 (Exh. C) To show the registration


    of ownership of Juan Dela Cruz of the land subject of this case;

    4. Tax Declaration No. 10038 (Exh. D) To show actual and constructive


    possession of Juan Dela Cruz of the lot covered and declared hereto;

    5. Deed of Absolute Sale (Exh. E) To show title of ownership of Xander


    Ford of the land subject of this case after it conveyed to him by Juan Dela Cruz;

    6. Tax Declaration No. 100121 (Exh. f) To show actual and constructive


    possession of Xander Ford of the lot covered and declared hereto;

    7. Sketch Plan (Exh. F)To show the relative location of Lot Nos. 4070, 4100 &
    4129;

    8. Sketch Plan (Exh. G) To show the relative location of Lot 4070 in relation
    to Catarman River and other adjoining lots;

    9. Sketch Plan (Exh. H) To show the relative location of the subdivided lots
    of Lot 4070 (A-D) and other constructions made inside Lot 4070;

    10. Lot Survey (Exh. I) To show the extent of the land area and location of
    Lot No. 4070

    11. Others reserved.

    VI. WITNESSES

    1. Xander Ford Catarman, N. Samar To testify on the title of ownership of


    the subject land and prior possession thereto against the defendant;

    2. Eulogio Labrador/Crispulo Obida Catarman, N. Samar To testify on


    the ownership of Juan Dela Cruz in relation to the area sold to Xander Ford;

    3. Municipal Assessor, Catarman, N. Samar To testify on the tax


    declarations in the name of Juan Dela Cruz and to further testify the
    genuineness and due execution of the lot survey;

    4. Others reserved.

    Page 3 of 4
    JURISPRUDENCE AND LAW

    Pertinent provisions of the Civil Code of the Philippines and other


    applicable laws and relevant decisions of the Supreme Court.

    Catarman, Northern Samar, October 16, 2017.

    Respectfully submitted.

    ATTY. JAPHETH S. SERAFIN


    Counsel for the Plaintiff
    001 J.P. Rizal Street
    Catarman, Northern Samar
    PTR No. 1769970 1/3/17
    IBP No. 823624 1/1/17
    Roll No. 51050
    MCLE No. III-1611-12/23/17

    The Clerk of Court


    REGIONAL TRIAL COURT
    8th Judicial Region
    Branch 20
    Catarman, Northern Samar

    Please submit the foregoing pleading to this Honorable Court for


    its consideration and resolution.

    ATTY. JAPHETH S. SERAFIN

    Copy furnished:

    ATTY. VICTOR GREG SARMIENTO


    Catarman, Northern Samar

    Page 4 of 4

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