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Legal Forms - Defendant Pre-Trial Brief

This document is a pre-trial brief submitted by the defendant's counsel in a civil case of unlawful detainer filed by the plaintiff against the defendant. The defendant claims their possession of the property is legal as they have been paying their monthly dues religiously. They will present exhibits such as checks as proof of payment and witnesses including the defendant and co-heir to refute the plaintiff's allegations. The defendant is open to settlement discussions to resolve the case early as long as their rights are not prejudiced.

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193 views4 pages

Legal Forms - Defendant Pre-Trial Brief

This document is a pre-trial brief submitted by the defendant's counsel in a civil case of unlawful detainer filed by the plaintiff against the defendant. The defendant claims their possession of the property is legal as they have been paying their monthly dues religiously. They will present exhibits such as checks as proof of payment and witnesses including the defendant and co-heir to refute the plaintiff's allegations. The defendant is open to settlement discussions to resolve the case early as long as their rights are not prejudiced.

Uploaded by

Ira
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Sixth Judicial Region
Iloilo City
Branch 4

AMIHAN L. GARCIA CIVIL CASE NO. 102938


Plaintiff, FOR: Unlawful Detainer

-versus-

LAURO A. REYES
Defendant.
x-------------------------------------------x

PRE -TRIAL BRIEF

COMES NOW, the defendant, thru the undersigned counsel,


unto this Honorable Court, most respectfully submit this
Pre–Trial Brief, to wit:

I. STATEMENT OF THE CASE

This is a case of unlawful detainer filed by the plaintiff


against the defendant. The allegations in the complaint that
it is unlawful detainer has no basis.

There was no specification or detailing of events to prove


that the plaintiff allowed or tolerated the stay of the
defendant in the premises allegedly owned by the plaintiff.
The possession of the defendant from the start and upon
notice of the plaintiff is legal and was not a mere tolerance.

The defendant did not deprive the plaintiff of the possession


of property. The defendant who had paid his monthly dues
religiously cannot be ousted by the lessor from the property.

II. SUMMARY OF ADMITTED FACTS/ STIPULATION


OF FACTS
1
1. The defendant is not the solely owner of the lot where
the structure of the defendants is located;

2. There was no prior oral and written demand from the


plaintiff;

3. The plaintiff has failed to establish that the acts of


tolerance have been present right from the start of the
possession of the defendant.

Defendant reserves his rights to stipulate other relevant


facts during the Pre-trial Conference proper.

III. ISSUES

Whether or not the defendant has the right of the


possession of the property

IV. EVIDENCE/EXHIBIT

1. Exhibit 1 – Copy of the checks addressed to Amihan


Garcia as proof of payment for the months of January
31, 2021 to December 31, 2022

2. Exhibit 2 – Copy of the Special Power of Attorney


executed in favor of Aymee Marchus Garcia

3. Exhibit 3 – Copy of the Checks as proof of payment for


the months of November 2020 to June 2021

The defendant reserves the right to present one additional


exhibit as the need arises.

V. WITNESSES

1. The defendant. He will refute the allegations stated in


the complaint filed by the plaintiff and will identify
pieces of documentary evidence and will further testify
to such other matters relevant to the above-entitled
case.

2
2. Ms. Aymee Marchus Garcia. The co-heir of the
property. She will refute the allegation that the
defendant had not paid its rental dues and will identify
pieces of documentary evidence.

The defendant reserves his right to present one additional


witness as the need arises.

VI. POSSIBILITY OF AMICABLE SETTLEMENT

The defendant is willing to avail any modes of discovery and


enter into any kind of settlement for the early resolution of
the case as long as the rights of the defendants will not be
prejudiced.

Respectfully Submitted.
Iloilo City, Philippines. April 1, 2022.

IMC LAW OFFICE


Counsel for Defendant
2nd Floor, Las Estrellas Bldg.,
MH Del Pilar St.
Iloilo City

By:
ATTY. IRA MARIE C. CAMOCON
IBP No. 461216; 11/22/2023/Iloilo City
Roll No. 789234; 12/31/2023
PTR No. 68251; 12/31/2023/Iloilo City
MCLE Exemption No. IV-246810
Email: [email protected]
Contact No: 09056685675

COPY FURNISHED:

ATTY. LORY STEL Z. AURECENCIA


Attorney’s Roll No. 85297
IBP No. 1024601
Jan. 14, 2018/Iloilo City
3
PTR No. 552968
Jan. 3, 2022/Iloilo City
MCLE Compliance No. VI-001099
Valid until May 31, 2024
Mobile. No.: 09382706197
Email:[email protected]

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