Republic of the Philippines
Sixth Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Sipalay City, Negros Occidental
SPOUSES SERAFIN ALEJANO, SR.
and PRESENTACION PATEÑO,
represented by Attorney-in-Fact
MARLYN ALEJANO-KHO,
Plaintiffs,
-versus- CIVIL CASE NO. 393
FOR: EJECTMENT
JUANITO O. JAMANDRE,
Defendant.
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PRELIMINARY CONFERENCE BRIEF
[FOR THE DEFENDANT]
DEFENDANT Juanito O. Jamandre, through the undersigned
counsel, and unto this Honorable Court, most respectfully submits his
Preliminary Conference Brief, to wit:
I. BRIEF STATEMENT OF THE CASE
Sometime in 1967, Jacobo F. Jamandre, the father of herein
defendant, started occupying and cultivating Lot No. 3658 which is
situated in Barangay 3, Sipalay City, Negros Occidental.
The subject agricultural land was later placed under the coverage
of the Comprehensive Agrarian Reform Law (CARL). Being a qualified
tenant-farmer, the defendant’s father was consequently awarded a
Certificate of Land Transfer (CLT). In effect, he was deemed owner of
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the subject land, and he was qualified to possess the land and to
comply with certain conditions preparatory to ownership.
The defendant’s predecessors continued to actually possess and
cultivate the subject land until their untimely death. Subsequently, the
same was succeeded by herein defendant by operation of law.
The plaintiffs, however, claim that they are the registered owners
of the subject land, and that the defendant’s possession was by virtue
of their tolerance only.
Several demands to vacate, both verbal and written, were
allegedly made by the plaintiffs, but to no avail. Hence, this ejectment
case.
II. STATEMENT OF WILLINGNESS TO
ENTER INTO AMICABLE SETTLEMENT
Defendant is willing to enter into an amicable settlement with the
plaintiffs, for as long as the terms and conditions thereof are
acceptable to the defendant, and in keeping with the basic principles
of good human relations.
III. SUMMARY OF ADMITTED FACTS
The following are admitted facts:
1. The personal circumstances of the parties;
2. The subject land is situated in Barangay 3, Sipalay City, Negros
Occidental; and
3. The defendant has been occupying the subject land.
IV. PROPOSED STIPULATIONS OF FACTS
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Defendant proposes the following facts for stipulation:
1. Will plaintiffs admit that the Original Certificate of Title No. 72-
N was partially cancelled by Emancipation Patent issued by the
Department of Agrarian Reform (DAR)?;
2. Will plaintiffs admit that the subject matter of this case is an
agricultural land?;
3. Will plaintiffs admit that the subject land was placed under the
coverage of the CARL?; and
4. Will plaintiffs admit that the defendant’s father was a farmer-
beneficiary of the subject land?
V. THE ISSUES
1. Whether or not this case is proper for trial and this Honorable
Court has jurisdiction to try this case;
2. Whether or not the ejectment case will prosper; and
3. Who between the parties is entitled to damages, if at all, and
to what extent?
VI. DOCUMENTARY EXHIBITS
Herein defendant intends to present the following documentary
exhibits to support his allegations:
EXHIBIT 1- ORIGINAL CERTIFICATE OF
TITLE NO. 72-N;
This document will be offered in evidence to prove that the
Original Certificate of Title has been partially cancelled by
Emancipation Patent issued by the DAR.
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EXHIBIT 2- CERTIFICATION dated July 16,
1999;
EXHIBIT 3- CERTIFICATION dated
November 12, 2015;
EXHIBIT 4- CERTIFICATION dated August
22, 2014;
These documents will be offered in evidence to prove that the
defendant’s predecessors were farmer-beneficiaries and awardees of
Certificates of Land Transfer (CLTs).
Defendant respectfully reserves his right to present the following
if the same will be available in the course of the proceedings, or when
warranted:
EXHIBIT 5- CERTIFICATE OF LAND TRANSFER
NO. 0051357; and
EXHIBIT 6- CERTIFICATE OF LAND TRANSFER
NO. 0051355.
VII. APPLICABLE LAWS AND JURISPRUDENCE
1. Civil Code of the Philippines;
2. Rules of Court; and
3. Supreme Court Decisions relevant to this case.
VIII. OTHER MATTERS AS MAY AID IN THE
PROMPT DISPOSITION OF THE ACTION
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Herein defendant respectfully prays that this case be referred to
the DAR which shall determine and certify whether an agrarian dispute
exists.1
Respectfully submitted.
Kabankalan City for Sipalay City, Negros Occidental, June 20,
2019.
PUBLIC ATTORNEY’S OFFICE
Counsel for the Defendant
Kabankalan City District Office
Ground Floor, Hall of Justice Building
New City Hall Grounds
Justice Jesus Y. Perez National Highway
Kabankalan City, Negros Occidental
by:
VINCENT ENRIQUE VARONA
Roll of Attorneys No. 67650
PTR Exempt
IBP Receipt No. 097751
MCLE Compliance No. VI-0011564
COPY FURNISHED:
ATTY. BIMBO D. LAVIDES
Counsel for the Plaintiffs
Door No. 7, Robello’s Building
Talisay City, Negros Occidental
EXPLANATION
The foregoing Preliminary Conference Brief [for the Defendant]
is being filed with this Honorable Court, and a copy of which is being
1
DAR Administrative Order No. 04, series of 2009; Sec. 19 of R.A. No. 9700, amending Sec. 50 of R.A.
No. 6657, as amended.
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served to the plaintiffs, through registered mail because the Public
Attorney’s Office has no Process Server to effect personal service.
VINCENT ENRIQUE VARONA
