Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
Branch S.S
Tabaco City, Albay
CYNTHIA BONEO as an heir of Segunda and
Anacleto Boneo,
Plaintiff,
Civil Case No.165065
- versus –
Other heir of Segunda and Anacleto Biso namely
FE MORAN
,
Defendants,
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PRE-TRIAL BRIEF
Plaintiff, through counsel, to this Honorable Court, respectfully submits this Pre-
trial Brief as follows –
A. STATEMENT OF FACTS AND CASE
This is a complaint for partition against defendants involving a parcel of land
located at Barangay Panal, Tabaco City (as per tax declaration No. 123-567890 under lot
no. 02). Spouses Segunda Boneo and Anacleto Boneo (both deceased) are the owners of
the said parcel of land consisting Twenty Thousand (20,000 sq. m.) square meters or two
(2) hectares covered by TCT NO. 123456 as Lot 02 with an assessed value of Thirty
Thousand Pesos (P30,000.00).
Sometime in year 1994, defendant Fe Moran was charged of Estafa in Court. Fe
who wasn’t financially capable at that time, was helped by her parents by donating to her
the 2 hectares of the subject land to settle the case. Thereafter, there was only one hectare
left under the name of spouses Segunda and Anacleto Boneo but was being constructively
possessed by the defendant where she cultivates the land.
Plaintiff Cynthia Boneo, the other child of Segunda and Anacleto (defendants’
sister) now claims the remaining one hectare for her portion in the subject property as her
rightful share. However, defendant refuse to give it on the ground that it was given to
them by their deceased parents as an aid to her during the Estafa Case and the remaining
served as her bread and butter.
The continuing failure and refusal of the defendants to give the subject land
notwithstanding the fact that plaintiff has the right over it, compels the plaintiffs to file
this case against defendants;
B. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
Plaintiff is not open to settlement.
C. ADMITTED FACTS
All allegations indicated in the pleadings submitted by the plaintiff.
D. PROPOSED STIPULATIONS OF FACTS
As provided under Rule 26 of the Rule on Civil Procedure, Plaintiff requests
defendant to admit the genuineness and due execution of the following documents
within fifteen (15) days after service thereof, otherwise each of the following documents
shall be deemed admitted:
A. Transfer Certificate of Title No. 123456
B. Tax declaration No. 123-567890
C. Barangay Certification to File Action
Plaintiffs also proposed to stipulate on the following facts-
a. Plaintiff was deprived of her legitime
c. That the donation is inofficious and it impaired plaintiff’s legitime
E. PROPOSED ISSUES TO BE RESOLVED
Whether or not the donations were valid?
Whether or not defendants are obliged to give the plaintiff her share in the
property as her legitime?
Whether or not plaintiff was deprived of her legitime which could warrant a
reduction of the donations given to her sibling?
F. TESTIMONIAL EVIDENCE
Plaintiff intend to present one (1) or two (2) witnesses to prove plaintiff’s
allegations and claims set forth in the complain.
G. DOCUMENTARY EVIDENCE
Plaintiffs request the marking as exhibits of the following documents:
1.) Transfer Certificate of Title No. 300820. (Exhibit “A”)
2.) Tax declaration No. 0021-00317. (Exhibit “B”)
3.) Barangay Certification (Exhibit “C”)
H. AVAILMENT OF MODES OF DISCOVERY
Plaintiffs reserve the right to avail of the modes of discovery in addition to the
aforementioned request for stipulation.
I. APPLICABLE LAWS AND JURISPRUDENCE
The Plaintiffs grounds its claims on the provision of the New Civil Code and 1997
Rules on Civil Procedure.
J. POSSIBILITY OF AMICABLE SETTLEMENT
Plaintiff is not amenable to a reasonable settlement.
K. RESERVATION
Plaintiffs respectfully reserve the right to present additional oral and documentary
evidence as may become necessary in the course of the trial.
L. SPECIFIC 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.
July 15, 2021, Tabaco City.
ATTY. JOYCE AMARA VOSOTROS
Counsel for Plaintiff
Vostros-Bornilla Law Firm
Office Address: 1366, Zone 7, San Lorenzo, Tabaco City
Roll of Attorney No. 11249 – March 13, 2019
PTR No.52212/Issued at Legazpi City/Jan 10,2021
IBP No. 787878 1-10-2020/Legazpi City
Copy Furnished:
Municipal Trial Court in Cities
Branch S.S
Tabaco City
Atty. Vincenzo Casano
Counsel for the Defendant
Casano-Co Law Offices
Bombon, Tabaco City
EXPLANATION
Copies of the foregoing Brief were served to defendant’s counsel through
registered special mail considering the distance between the address of defendant’s
counsel and the undersigned counsel. Moreover, the office of the undersigned has no
personnel to effect personal service to the defendants.
JOYCE AMARA VOSOTROS
Exhibit “A”
Exhibit “B”
Exhibit “C”
Republic of the Philippines
Province of Albay
City of Tabaco
BARANGAY PANAL
OFFICE OF THE PUNONG BARANGAY
CERTIFICATION OF OWNERSHIP
This is to certify that FE MORAN, of legal age, Filipino Citizen and resident of Brgy.
Panal, Tabaco City, after having been duly sworn to in accordance with the law states that she is
the land owner of TC – 123456 located at Cabiles St., Panal Tabaco City.
This certification is being issued upon the request of the above-named person in support
to any purpose it may serve.
Issued this 14th day of July 2021 at Panal, Tabaco City, Albay, Philippines.
FE B. MORAN
Owner
CARLO CRUZ
Punong Barangay
