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 extra-
ordinary 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 extra-
ordinary 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.
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. 14-
025025295-8, 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
