Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch 2
Zamboanga City
BRUNO TAN
Plaintiff,
-versus-

CIVIL CASE NO. 2314

FOR: NULLIFICATION OF ABSOLUTE

DEED OF SALE, CANCELLATION

OF TITLE, RECONVEYANCE AND
RECOVERY OF OWNERSHIP OF
REAL PROPERTY AND DAMAGES
CHINA-ARAB BANK OF THE
PHILIPPINES, INC. Rep. By ABULANNANG
CHAN and ALBERTO TAN
Defendants.
x-----------------------------------------------x
PRE TRIAL BRIEF
PLAINTIFF, through counsel and unto this Honorable Court respectfully
submits herein Pre-Trial Brief declaring the following:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND
POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete
proposal that is fair and reasonable and a reciprocal manifestation of openness
from defendant,
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, Plaintiff
respectfully submits that the desired terms of any amicable settlement would
involve, first, an admission of amount due and owing to plaintiff and, second, a
schedule of payments.
1.3. Plaintiff is willing to submit itself to mediation and other alternative
modes of dispute resolution.
II. BRIEF STATEMENT OF THE CASE AND CLAIMS OF THE PARTIES
2.1. This is a case for nullification of absolute Deed Of Sale, Cancellation of
Title, Reconveyance and Recovery of Ownership of Real Property and Damages.

2.2. The Plaintiff seeks nullification of the Deed of Absolute Sale of

Real Property transferring the subject parcel of land to Defendant
ALBERTO TAN;
2.3 The Plaintiff also seeks the cancellation of Transfer Certificate
Title No. Y-7589 in the name of CHINA-ARAB BANK OF THE
PHILIPPINES, INC. covering the subject parcel of land;
2.4 The plaintiff also seeks the reconveyance of the subject parcel
of land to the Plaintiff as its legal owner with all the rights attributable
to ownership including the right of enjoyment and possession
III. STIPULATION OF FACTS AND OTHER MATTERS ADMITTED BY
THE PARTIES
3.1. The following facts are admitted:
3.1.1. Personal Circumstances of the Parties;
3.1.2. Ownership of the parcel of land as evidence by Certificate Of
Title with TCT No. W-5673 located in Ayala, Zamboanga City by the Plaintiff
Bruno Tan;
3.1.3. Death of the Ngu Tan, the father of Alberto Tan and Bruno Tan
which vested right to the Parcels of land involved to the Plaintiff.
3.1.4. The existence of the Extrajudicial Partition executed by the Tan
Siblings and their taking possession of each of their own lots.
3.1.5. That Bruno entrusted his personal effects and documents to
Alberto Tan when he left the country for work.
3.1.6. That Alberto with abuse of trust and confidence, maliciously
took advantage of the said documents by executing a Deed of Absolute Sale,
conveying and transferring the lot of Bruno to the Defendant himself with
intent to commit fraud.
3.1.7. That Alberto, the defendant, using the effected fraudulent sale
asked a Certificate of Title in his favor, which he then used to apply for a
loan with the China Arab Bank through a Real Estate Mortgage with the
property as security.
3.1.8. That Alberto failed to pay with utter disregard for the obligation
he entered into which prompted the China Arab Bank to foreclose the same.
3.1.9. That due to the fraudulent, willful and deliberate schemes by
Alberto Tan, the Plaintiff has been injured with the loss of the land that
rightfully belongs to him.
3.1.10. That Defendant Bank acted negligently in disregard of extraordinary diligence required by law in the approval of the loan application.
3.1.11. That Defendant Bank neglected to conduct proper
investigation as mandated by law in granting the loan agreement in favor of
Defendant Alberto Tan.
3.1.12. Because of the invalid transfer of the lot subjected to the Real
Estate Mortgage between Defendant Alberto Tan and the Defendant Bank.
The Lot did not belong to Alberto Tan in the first place.

3.1.13. Therefore; the extrajudicial foreclosure which also violated the

express terms of the mortgage agreement, the Transfer Certificate of Title in
favor of Defendant Bank is also void.
IV. ISSUES
4.1. Plaintiff respectfully submits that the issues on this case are:
4.1.1. Whether or not the Defendant Alberto Tan, maliciously with
intent to gain, falsify documents to deprive Bruno Tan if his rights to
his own land.
4.1.2. Whether or not Defendant Bank failed to exercise extraordinary diligence by granting incessantly a loan to Defendant Alberto
Tan and extra-judicially foreclosing the subject property, contrary to
the agreement.
4.1.3. Whether or not the fraudulent machinations by the defendant
Alberto Tan and the negligence by China-Arab Bank will entitle the
court to nullify the fraudulent Deed Of Sale of Real Property
transferring the subject parcel of land to Defendant Alberto Tan, the
nullification of the Deed of Real Estate Mortgage executed by the
Defendants, the cancellation of TCT No. Y-7859 in the name of
CHINA-ARAB BANK, the reconveyance of the Subject Parcel of
land to its rightful owner, BRUNO TAN.
4.1.4. Whether or not the Defendants are liable for damages for the
injuries sustained by the Plaintiff.
V. DOCUMENTS TO BE MARKED AND PRESENTED
5.1. Plaintiff will present the following documents as evidences:
5.1.1. Exhibits A, B, C- Certificates of Peso Deposit Account
of Alberto Tan, Bruno Tan and Cynthia Tan with Defendant Bank
5.1.2. Exhibit D - Certificate of Foreign Deposit of Bruno Tan
with Defendant Bank
5.1.3. Exhibit E - Transfer Certificate of Title No. T-09063 of Ngu
Tan on the Pre-Partitioned Lot
5.1.4. Exhibit F Extrajudicial Settlement of Estate of Ngu Tan
5.1.5. Exhibit G Subdivision Plan of the Lot owned by Ngu Tan as
subdivided for his heirs.
5.1.6. Exhibit H Transfer Certificate of Title No. W-5672 which
shows the share of Albert Tan of Ngu Tans estate.
5.1.7. Exhibit I Transfer Certificate of Title No. W-5673 which
shows the share of Bruno Tan of Ngu Tans estate.
5.1.8. Exhibit J Transfer Certificate of Title No. W-5674 which
shows the share of Cynthia Tan of Ngu Tans estate

5.1.9 Exhibit K Certificate of Overseas Employment of Bruno Tan

5.1.10 Exhibit L Philippine Passport of Bruno Tan
5.1.11 Exhibit M United States Visa of Bruno Tan
5.1.12 Exhibit N Forged Deed Of Absolute Sale
5.1.13 Exhibit O - Transfer Certificate of Title No. UV-5198
belonging to Alberto Tan, the result of the forged Deed of Sale
5.1.14 Exhibit P - Personal Loan Contract between Alberto Tan and
China Arab Bank of the Philippines
5.1.15 Exhibit Q Real Estate Mortgage executed by Alberto Tan
and China Arab Bank of the Philippines.
5.1.16 Exhibit R Transfer Certificate of Title No. Y-7589
belonging to China Arab Bank of the Philippines, the result of the
Extrajudicial Foreclosure Sale
5.1.17 Exhibit S Tax Declaration of Bruno Tan showing payment
of Real Property Tax with the City of Zamboanga.
VI. WITNESSES TO BE PRESENTED
Plaintiff will present the following three (3) witnesses:
Plaintiff himself- to testify on the materials allegations, causes of action, and
claims as set forth in the Complaint;
Regis Trare - offered to prove that the lot numbers in EXHIBITS G, H, I, J
are accurate and are consistent with the register of deeds.
Alejandra Wong to testify to prove the extrajudicial partition of the parcels
of land and that Bruno Tan was indeed the owner of the lot in dispute.
Plaintiff expressly reserves the right to present such additional witnesses and
other exhibits and evidence as the exigencies of the trial may require.
VII. RESORT TO DISCOVERY
7.1. Considering the relatively simple issues presented, plaintiff does not
intend to avail of discovery at this time;
7.2. Subject, however, to a concrete and reasonable request for discovery
from defendant, plaintiff reserves the right to resort to discovery before trial.

VIII. 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.
Zamboanga City, February 18, 2015
By:
Atty. Alman-Najar Namla
Counsel for Plaintiff
Ground Floor, Sauras Building
La Purisima St., Zamboanga City
IBP No. 56556, lifetime member
Roll No. 59999
MCLE Compliance No. II 01-23455
Copy Furnished:
Atty. Megan Garcia
Counsel for Defendant
La Purisima, Zamboanga City

Republic of the Philippines

City of Zamboanga

)
) s.s.

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, BRUNO TAN, Filipino, of legal age, single and a resident of 123-A
Jupiter Road, San Ramon, Zamboanga City, do hereby state that: I am the Plaintiff
in the Civil case entitled Civil Case No. 2314 for Nullification of Absolute Deed of
Sale, Cancellation of Title, Reconveyance and Recovery of Ownership of Real
Property and Damages; I caused its preparation; I have read its contents and affirm
that they are true and correct to the best of my knowledge and based on official
records; I hereby certify that I have not commenced any action or filed any claim
involving the same issues before any other court, tribunal or quasi-judicial agency;
to the best of my knowledge, there is no such pending action or claim; and, if I
should learn that a similar action or claim has been filed or is pending, I will report
such fact within five (5) days from discovery to this Honorable Court.
City of Zamboanga, February 18, 2015
BRUNO TAN
Plaintiff
SUBSCRIBED AND SWORN to before me this 18th Day of February, 2015
in Zamboanga City, Philippines, Affiant exhibiting to me his PhilHealth ID No. 14025025295-8, and SSS ID No. 10-0617203-8.
Atty. Alman-Najar Namla
Counsel for Plaintiff
Ground Floor, Sauras Building
La Purisima St., Zamboanga City
IBP No. 56556, lifetime member
Roll No. 59999
MCLE Compliance No. II 01-23455