REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

10th Judicial Region
Branch 01, Surigao City

BENITO T. TIMBAL,
Plaintiff,
CIVIL CASE NO. 2345
For: Ejectment (Unlawful Detainer)
- versus-

LUCIO C. TANI,
Defendant.

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PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his PRE-TRIAL BRIEF, as
follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

Subject to a concrete proposal that is fair and reasonable and a

reciprocal manifestation of openness from the Plaintiff, the Defendant is
open to the possibility of amicably settling this dispute.

II. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION

OF FACTS

1. That the defendant admits the identity of the plaintiff, Benito T. Timbal;

2. That the defendant admits that the plaintiff is the owner of a two-storey
house located at 143 P. Reyes St. Surigao City;

3. That the defendant admits entering into a contract of lease of the

aforementioned two-storey house for a consideration of Twenty Thousand
Pesos (20,000.00) a month;
 4. That defendant has made an advance payment of One Hundred Twenty
Thousand Pesos (120,000.00) to plaintiff, the said payment was good for six
(6) months of rental as evidenced by an official receipt dated June 25, 2015
and is hereto attached as Exhibit I;

5. That defendant used the two-storey house solely for residential purposes as
stated in the Contract of Lease;

6. That defendant admits to receiving a demand letter dated October 15, 2015
and has replied trough a letter regarding the misunderstanding which was
received by the plaintiff as shown in Exhibit II;

7. That on January 1, 2016, the defendant was in Cebu City as evidenced by an

airline ticket as shown in Exhibit III

III. ISSUES TO BE TRIED OR RESOLVED

Defendant submits the following issues:

1) Whether or not defendant violated paragraph no. 1 of the Contract of

Lease

2) Whether or not defendant should be ejected.

IV. DOCUMENTS OR EXHIBITS TO BE PRESENTED

Defendant intends to present the following documents:

1) Exhibit I: Official receipt by Benito T. Timbal;

Purpose: to prove that the defendant has made an advance payment

2) Exhibit II: Reply letter re: Non-residential used of the leased property;
Purpose: to prove that the defendant has answered the misunderstanding
regarding the non-residential use of the property

3) Exhibit III: Airline Ticket;

Purpose: to prove that the defendant was in Cebu City on January 1, 2016

4) Exhibit IV: Judicial Affidavit of Mr. Lucio C. Tani;

Purpose: to disprove the allegations made in the complaint of Mr. Benito
Timbal
 5) Exhibit V: Affidavit of Jovel Espejon;
Purpose: to disprove the allegations made in the complaint and to
corroborate the testimony of Mr. Lucio C. Tani

6) Exhibit VI: Affidavit of Jair Balde;

Purpose: to disprove the allegations made in the complaint and to
corroborate the testimony of Mr. Lucio C. Tani

7) Exhibit VII: Business Permit.

Purpose: to prove the business address of Mr. Lucio C. Tani

Defendant reserves the right to present any and all documentary evidence which
shall become relevant in the course of trial.

V. NUMBERS AND NAMES OF WITNESSES

Defendant intends to present the following witnesses:

1. Mr. Lucio C. TAni, the lessee, who executed the Lease Agreement and
will testify to disprove the allegations in the Complaint relative to the
Civil Case of Ejectment (Unlawful Detainer).

2. Ms. Jovel Espejon who will corroborate the testimony of Mr. Lucio C.
Tani that an advance payment was made between Benito T. Timbal and
Lucio C. Tani

3. Mr. Jair Balde who will corroborate the testimony of Mr. Lucio C. Tani
that the property leased was solely used for residential purposes

Defendant reserves the right to change his witnesses and/or present

additional witnesses, if necessary.

RESPECTFULLY SUBMITTED.

Surigao City; 9 March 2016.

ALVERASTINE, FORTUS & OLIVERIO LAW OFFICE

Counsel for the Defendant
Surigao City
 By:

ANALEE S. ALVERASTINE
Counsel for the Defendant
Surigao City, Surigao del Norte
Roll No. 8289
IBP No. 125; 01-03-18; Surigao City
PTR No. 422; 01-28-18; Surigao City
MCLE Compliance No. 4282

Copy Furnished
Through Personal Service:

ATTY. GLENN ALCESO

Counsel for the Plaintiff