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    PTB Cataytay

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    giovanni
    This document is the pre-trial brief submitted by the defendant Felix Cataytay in the case of Josefina R. Hermosa v. Sps. Edgardo and Josephine Geollina, et al. for ejectment. The defendant argues that he owns the lot where his house is located, not the plaintiff's lot, and presents evidence including tax declarations and a survey to support this. The defendant proposes stipulations of facts and identifies the issues as whether the plaintiff has a valid cause of action against the defendant and whether the defendant occupies the plaintiff's lot. The defendant reserves the right to present additional testimony and documents at trial.

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    © All Rights Reserved
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    PTB Cataytay

    Uploaded by

    giovanni
    39 views3 pages
    This document is the pre-trial brief submitted by the defendant Felix Cataytay in the case of Josefina R. Hermosa v. Sps. Edgardo and Josephine Geollina, et al. for ejectment. The defendant argues that he owns the lot where his house is located, not the plaintiff's lot, and presents evidence including tax declarations and a survey to support this. The defendant proposes stipulations of facts and identifies the issues as whether the plaintiff has a valid cause of action against the defendant and whether the defendant occupies the plaintiff's lot. The defendant reserves the right to present additional testimony and documents at trial.

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    PTB-cataytay

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    This document is the pre-trial brief submitted by the defendant Felix Cataytay in the case of Josefina R. Hermosa v. Sps. Edgardo and Josephine Geollina, et al. for ejectment. The defendant argues that he owns the lot where his house is located, not the plaintiff's lot, and presents evidence including tax declarations and a survey to support this. The defendant proposes stipulations of facts and identifies the issues as whether the plaintiff has a valid cause of action against the defendant and whether the defendant occupies the plaintiff's lot. The defendant reserves the right to present additional testimony and documents at trial.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    39 views3 pages

    PTB Cataytay

    Uploaded by

    giovanni
    This document is the pre-trial brief submitted by the defendant Felix Cataytay in the case of Josefina R. Hermosa v. Sps. Edgardo and Josephine Geollina, et al. for ejectment. The defendant argues that he owns the lot where his house is located, not the plaintiff's lot, and presents evidence including tax declarations and a survey to support this. The defendant proposes stipulations of facts and identifies the issues as whether the plaintiff has a valid cause of action against the defendant and whether the defendant occupies the plaintiff's lot. The defendant reserves the right to present additional testimony and documents at trial.

    Copyright:

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

    1

    Republic of the Philippines


    MUNICIPAL TRIAL COURT
    7th Judicial Region
    San Fernanado, Cebu

    JOSEFINA R. HERMOSA
    Plaintiff,

    -versus- Civil Case No: R-58027


    FOR: EJECTMENT

    Sps. Edgardo and Josephine Geollina


    Marivic Lariosa; Angela Casa;
    Maria Luisa Lazaga; Susan Catalan
    Lando Mariao; Sps. Junjun and Edna Villafuerte
    And Sps. Felix and Evelin Lopez Cataytay
    Defendant,
    x-------------------------------------------//

    DEFENDANT’S PRE-TRIAL BRIEF

    Defendant Felix Cataytay, through undersigned counsel, and unto this


    Honorable Court, most respectfully submits this Pre-Trial and states that:

    A. POSSIBILITY OF AMICABLE SETTLEMENT

    Defendant is willing and open to enter into an amicable settlement


    with regards only to financial support.

    B. BRIEF STATEMENT OF FACTS

    Plaintiff claims that he owns Lot 1548 as stated in the Tax Declaration
    declared in his name with an area of 3,204 square meters. However, in the
    Deed of Absolute Sale that is attached in her complaint, her ownership is
    limited only to ½ of Lot 14548;

    In the same manner, the herein defendant is the owner of Lot 14549 where
    his house is located. He has a tax declaration of the lot where his house is
    located and is declared under the name of his wife under Tax Declaration
    No. 16322 with an area of 1,081 square meters.

    Likewise, the herein defendant had made a relocation survey in his lot
    through the Geodetic Engineer in the person of Atty. Reuel Pintor. The
    relocation survey shows that the house of the herein defendant is located
    inside his lot and not the lot of the plaintiff.
    2

    Moreover, the wife of the herein defendant had applied for a Free Patent
    Application on his lot under FPA No. 072241-1975 and had been granted
    with a free patent by the DENR-CENRO with Patent No. 3379323 under the
    name of his wife Evelyn Lopez.

    That the herein defendant also submitted a letter to DENR-CENRO


    informing the latter to hold any transaction by plaintiff on the subject lot
    because there is conflict between her lot and the defendant’s lot.

    PROPOSE STIPULATION OF FACTS.

    1) Will the Plaintiff admit that defendant Felix Cataytay did not
    occupy Lot 1548?

    2) Will the Plaintiff admit that defendant Felix Cataytay’s


    residence is located in the lot of the latter?

    3) Will the Plaintiff Admit that his ownership of the subject lot is
    only limited to ½ of the lot?

    C. ISSUES

    1) Whether or not plaintiffs had cause of action against the herein


    defendant?

    2) Whether or not defendant occupy a portion of the Lot of the


    plaintiff?

    D. DOCUMENTARY EVIDENCE TO BE PRESENTED.

    a) Tax Declaration No. 16322;


    b) Relocation survey by Geodetic Engineer in the person of Atty.
    Reuel Pintor;
    c) Certification from DENR-CENRO-Argao
    d) Letter to hold transaction by the wife of Felix Ctaytay

    Defendant reserve the presentation of his Judicial Affidavit and that of


    the witnesses and other documents which may be become relevant in
    the full blown hearing of this case;

    .
    3

    E. TESTIMONIAL EVIDENCE

    a) Testimony of the Defendant

    Defendants reserves the right to present other witnesses as may become


    necessary in the course of the proceedings of this case.

    Respectfully submitted. September 19, 2019

    ATTY. GIOVANNI D. SUSUSCO


    IBP NO. AR55344831/12/13/2018/ 0Cebu City
    PTR No. 3297652/ 01-03-2019/ Talisay City
    Roll of Attorneys No. 53097
    Admitted to the Bar on April 26, 2007
    MCLE COMPLIANCE NO. V-0008256

    COPY FURNISHED:

    ATTY. MARK PHILIP OPADA


    Counsel for the Plaintiff
    MONTECLAR SIBI and TRINIDAD LAW OFFICES
    G/F Eastern Shipping Lines, Bldg.,
    6000, Cebu City

    EXPLANATION:

    A copy of this Pre-Trial Brief was furnished to plaintiff through counsel by


    mail due to distance constraint and lack of personnel.

    Atty. Giovanni Sususco

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