REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Dagupan City
Branch ____

Ms. Juana Dela Cruz,

Plaintiff,
- versus -

CIVIL CASE NO.

For: Nullity of Documents,
Cancellation of Title and Damages

Mr. Pedro dela Cruz,

Defendant.
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PRE-TRIAL BRIEF
COMES NOW, the DEFENDANT by counsel and to this
Honorable Court, respectfully submits his pre-trial brief containing
the following:
1. Defendant is willing to enter into an amicable settlement
of the case, under the terms and conditions agreeable to
both parties and submit to alternative modes of dispute
resolution;
2. Defendants admits the following facts:
a. Paragraph 2, 3, 4, and 5 of the complaint;
b. Defendant admits that there was a new tax declaration
issued with respect to the tax declaration in the name of
defendant, as stated in paragraph 6 of the complaint, but
DENY for lack of knowledge sufficient to form a belief as to
the truth or falsity that plaintiff attempted to pay real
property tax on January 15, 2014 on the aforesaid
property;
1

c. As mention in paragraph 7 of the complaint, Defendant

admits that there was a Transfer Certificate of Title No.
567890 under his name, but DENY for lack of sufficient
knowledge to form a belief that plaintiff made further
inquiries with the Register of Deeds;
d. Paragraph 8, 10 and 11 of the complaint.
3. Issues tried or to be resolved:
a. Whether or not the plaintiff has the cause of action.
b. Whether or not the Deed of Absolute Sale executed by
spouses, Mr. and Mrs. Jose Dela Cruz, in favor of the
defendant, valid?
c. Whether or not the plaintiff has the locus standi to
order the cancellation of Transfer Certificate of Title
No. 567890 and reinstating Transfer Certificate Title
No. 123456.
d. Whether or not the plaintiff is entitled to the reliefs
prayed for.
4. Defendant will present the following exhibits:
a. Original Copy of Deed of Absolute Sale
b. Sworn Affidavit of the witnesses, Mr. and Mrs. Derp
Sikatsafb.

5. Witness to be presented:
a. Mr. Pedro dela Cruz, the defendant is willing to take the
stand and become a witness for his cause and to testify on
allegations stated in the complaint and denials in his
Answer;

b. Witnesses, Mr. Derp Sikatsafb and Mrs. Derpina Sikatsafb

to testify on matters and circumstances during the
execution of Deed of Absolute Sale made by Mr. Jose dela
Cruz and Maria dela Cruz.

c. Atty.Jose Manalo, the Notary Public, who notarized the

Deed of Absolute Sale, to corroborate the testimony of
spouses Mr. and Mrs. Derp Sikatsafb that such document
was executed prior to the death of spouses Jose and Maria
Dela Cruz.

6. Defendant Reservation:
The Defendant reserves the right to present additional
documentary and testimonial evidence as the exigencies of the
trial may require.
7. Specific Trial Dates:
It is respectfully requested that the trial dates be set during
the pre-trial conference to dates most convenient to this
Honorable Court and to all the parties.
RESPECTFULLY SUBMITTED.
Dagupan City, September 12, 2014.
FRANCISCO-TUPAS-CAYETANO-JUNIO
Counsel for the Defendant
PEDRO DELA CRUZ
9th Floor, Prime Condominium I
989 Dbest Street, Diz Village
9 Makati City, Metro Manila, Philippines
Telephone: (075) 523-4404; (075) 522-4026
Office Mobile: (0932) 864-0684; Fax: (075) 403-3127
Email address: tabithafrancisco@gmail.com
abraham_junio@yahoo.com

TABITHA F. A. FRANCISCO
Notary Public
Until December 31, 2014
PTR No. 987654
Issued on January 3, 2014
Dagupan, Pangasinan
IBP No. 876543, 1-3-14
Atty. Roll No. 98789
ABRAHAM F. JUNIO
Notary Public
Until December 31, 2016
PTR No. 143143
Issued on January 7, 2014
Dagupan, Pangasinan
IBP No. 876543, 1-1231-1
Atty. Roll No. 99323
Copy Furnished:
(By Registered Mail)
ANGELA MERICCI G. MEJIA
Counsel for plaintiff
Juana Dela Cruz
Brgy. Cayanga,
San Fabian, Pangasinan