Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch 41
Cantilan, Surigao del Sur
HEIRS OF EMERITO D.
LUGA NAMELY: EMELYN L.
REYES, ELMER A. LUGA,
ELSIE
A.
LUGA-LAROT,
EDGAR A. LUGA AND ERIC
A. LUGA,
Plaintiffs,
-versusCIRILA GUIJO PEANUEVA,
NELSON
JOSE
GUIJO
PEANUEVA
AND
MARCELO
GUIJO
PEANUEVA,
Defendants.
CIVIL CASE NO. C-147
For: Declaratory Relief for
Quieting
of
Title
and/or to Remove
Cloud Being Cast
Upon the Ownership
of Residential Lot
and
House
and
Damages
x-------------------------------------------------------------/
PRE-TRIAL BRIEF
(for the defendants)
DEFENDANTS, through counsel, unto this Honorable
Court, most respectfully submit the instant pre-trial brief and
hereby avers, thus:
1.
BRIEF STATEMENT OF CLAIMS.
On one hand, Lot No. 2014, Cad 354-D with an
area of 184.440 square meters located at Burgos
Street, Magosilom, Cantilan, Surigao del Sur was
supposed to have been sold to Emerito Luga by Cirila
and her sister, _______. However, a badge of irregularity
on the supposed Deed of Absolute Sale is the incorrect
spelling of the first name of Cirila, a matter which could
not have happened because defendant Cirila Guijo
Peanueva is a teacher by profession and can correctly
spelled her name. In fact, Cirila never executed a Deed
of Sale in favor of Emerito Luga and the signature
appearing in the said document is a forgery.
On the other hand, defendant Cirilo Guijo Peanueva
was the beneficiary of the subject land considering that
its original owners, namely, Spouses Marcelo Rejano
and Nazaria Uribiztondo Rejano, conveyed the same to
her.
2.
AMICABLE
SETTLEMENT
OR
ALTERNATIVE
MODES OF DISPUTE RESOLUTION. Defendants are willing
to enter into an amicable settlement; Likewise, if applicable,
defendants are willing to submit the case to any of the
alternative modes of dispute resolution;
3.
SUMMARY OF PROPOSED STIPULATION OF
FACTS. The proposed stipulations of facts are as follows:
1. Complaint are partly admitted in that the
subject residential lot and house were owned by
the
couple
Marcelo
Rejano
and
Nazaria
Uribiztondo Rejano;
2. Complaint are partly admitted in that,
indeed, herein defendant Marcelo G. Peanueva,
as
attorney-in-fact
of
defendant
Cirila
G.
Peanueva, filed a complaint before Barangay
Magosilom against Emerito D. Luga in an effort
to recover the subject land. It was only about the
early part of 2014 the herein defendants learned
about their rightful claim to the subject property;
3. Complaint is only partly admitted in that
there was a demand letter coming from the
undersigned
counsel
defendants.
The
cannot
confirmed
be
rest
representing
herein
of allegations therein
or
denied
by
herein
defendants for lack of knowledge or information
sufficient to form a belief as to the truth or falsify
of the same;
4.
STATEMENT OF ISSUES.
submits the following
Defendants hereby
issue/s for trial and subsequent
resolution of this Honorable Court, viz:
a. The only issue that should be resolved in any
application for Miscellaneous Sales Application and
the instant Protest thereto is:
a. 1. Whether the applicant is qualified
to apply for a Miscellaneous Sales Patent
under Republic Act No. 730 over Lot No.
852, Pls-480-D which is located at Montero
Street, Poblacion, Bislig City, Surigao del
Sur and containing an area of THREE
HUNDRED FIFTY EIGHT (358) SQUARE
METERS, more or less, especially in the
light of the instant protest.
5.
WITNESSES. The witnesses to be presented by
the petitioners are as follows, viz:
a.
6.
APPLICABLE LAWS AND JURISPRUDENCE.
a. The pertinent provisions of the Civil Code of the
Philippines, particularly, on double sale;
b. and other related procedural and substantive
7.
laws.
AVAILABLE TRIAL DATES.
The undersigned
counsel shall make themselves available on the trial dates
agreed by the parties for complete presentation of evidence
which must be within a period from the first day of trial.
8.
SUBMISSION OF JUDICIAL PLEADINGS. Herein
defendants would like to submit judicial pleadings which
shall constitute the direct testimony of defendants witnesses
subject to the cross-examination by respondents or their
counsel in order to facilitate the early disposition of the
instant case.
9.
RESERVATION
DOCUMENTARY EVIDENCE.
the
right
to
present
OF
TESTIMONIAL
AND
Defendants hereby reserve
additional
testimonial
and/or
documentary evidence in the course of the trial as they may
deem fit and necessary towards the successful litigation of
their causes of action.
MOST RESPECTFULLY SUBMITTED.
____ September 2015. Mangagoy, Bislig City, Surigao
del Sur, Philippines.
ATTY. GEOFFREY G. CAGAKIT
Counsel for the Defendants
CAGAKIT LAW OFFICE
J. Abarca Street, Mangagoy, 8311 Bislig City, Surigao del Sur
Attorneys Roll No. 47368
MCLE Compliance No. V-0006787 / 04-14-2019
PTR No. 5565015 / 010815 / City of Bislig;
IBP OR No. 811389 / 012215 / Surigao del Sur Chapter
Telephone number (086) 628-2007; Cellphone number
(0998)988-9285
Copy furnished:
Atty. Romeo C. Buenaflor
Counsel for Plaintiffs
Ortiz Street, Magosilom,
Cantilan, Surigao del Sur
Edgar A. Luga
San Pedro, Cantilan,
Surigao del Sur
Emelyn Luga Reyes
Burgos Street, Magosilom,
Cantilan, Surigao del Sur
Elsie L. Larot
San Pedro, Cantilan,
Surigao del Sur
EXPLANATION
A copy of the instant Pre-Trial Brief was registered
mail and personally served on the counsel for defendants
Cirila Guijo Peanueva, Nelson Jose Guijo Peanueva and
Marcelo Guijo Peanueva.
Geoffrey
Cagakit
G.
