Republic of the Philippines

5th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch 3
Legazpi City

FRITZ ANGELO VARGAS

Plaintiff,
CIVIL CASE No. ______
for: FORCIBLE ENTRY
- versus -

VICTOR O. MIJARES
Defendant.

x----------------------x

PRE-TRIAL BRIEF
Plaintiff, through counsel, to this Honorable Court, respectfully submits this Pre-Trial
Brief as follows:

A. CONCISE STATEMENT OF FACTS AND THE RELIEFS PRAYED FOR

1.1 The plaintiff, Fritz Angelo Vargas, is the lawful owner of Lot 6970-D,
with an area of 250 square meters, located at Brgy. Cagbacong,
Legazpi City, covered by Transfer Certificate of Title (TCT) No. 123-
456-7890-A.

1.2 Plaintiff has been in actual possession of the subject land since its
acquisition on June 12, 1994, and has diligently paid real property
taxes thereon.

1.3 On November 26, 2023, the defendant, Victor O. Mijares, along with
other individuals, forcibly entered the plaintiff's lot by destroying the
fence and subsequently erected a structure thereon, despite the
plaintiff's objections.

1.4 Despite the plaintiff's repeated demands for the defendant to cease
construction and vacate the premises, the defendant persisted in his
unlawful activities.
1.5 The plaintiff sought conciliation through Barangay Authorities on
December 28, 2023, but no settlement was reached, as evidenced by
Annex C3 attached to the complaint.

1.6 Consequently, the plaintiff was compelled to file this complaint,

incurring legal fees amounting to ₱60,000.00.

Therefore, the plaintiff most respectfully prays unto this Honorable

Court that;

1.7 The judgment be rendered in favor of the plaintiff;

1.8 The defendant immediately vacates the premises of the subject lot;

1.9 The defendant pays the amount of ₱20,000.00 per month as

compensation for the unauthorized use of the subject premises until
he finally vacates the same;

1.10 To pay the costs of the suit.

B. SUMMARY OF ADMITTED FACTS AND PROPOSED

STATEMENT OF FACTS

The following admission of facts are proposed:

2.1 The plaintiff is the lawful owner of the parcel of land situated at
Barangay Cagbacong, Legazpi City;

2.2 The plaintiff is in actual possession of the aforementioned land since

its acquisition on June 12, 1994;

2.3 The defendant deprived the plaintiff the possession of the land on
November 26, 2023 by means of destroying the fences and thereafter
occupied the land and erected structures thereon through the use of a
bulldozer, chainsaws, sledgehammers, and other similar equipment;

2.4 The defendant refused to vacate the said land despite of repeated
demands of the plaintiff;

2.5 The plaintiff brought the matter before the Katarungang

Pambarangay of Cagbacong on December 28, 2023 and the defendant
refused to attend the proceedings;
2.6 The defendant admits the due execution of the certificate of title in
favor of the plaintiff;

2.7 The defendant admits to the truthfulness and due execution of the
barangay blotter filed by the plaintiff;

2.8 The defendant admits to the truthfulness and due execution of the
summons made by the Punong Barangay of Barangay Cagbacong
against him;

2.9 That the defendant admits to the truthfulness and due execution of
the certificate to file action signed by the Punong Barangay of
Barangay Cagbacong.

2.10 The defendant admits the truthfulness and due execution of the
judicial affidavits of the witnesses.

C. THE MAIN FACTUAL AND LEGAL ISSUES TO BE TRIED AND

RESOLVED
3.1 Whether the defendant's actions constitute forcible entry onto the
plaintiff's property;

3.2 Whether the plaintiff is entitled to the remedies sought, including the
Immediate vacation of the premises, removal of improvements, and
compensation for the use of the property.

D. THE PROPRIETARY OF REFERRAL OF FACTUAL ISSUES

TO COMMISSIONERS

4.1 The plaintiff respectfully manifests that the referral of factual issues
to commissioners be dispensed with, subject to the discretion of this
Honorable Court.

E. THE DOCUMENTS OR OTHER OBJECT EVIDENCE TO BE

MARKED, STATING THE PURPOSE THEREOF

EXHIBIT OBJECT/DOCUMENTARY EVIDENCE PURPOSE

A Certificate of Title with TCT No. 123- To prove that

456-789-A, Located at Cagbacong, the plaintiff is
 the lawful
Legazpi City in the name of Fritz
owner of the
Angelo Vargas.
subject realty

To prove that
the plaintiff
pays Real
Property Taxes
Tax Declaration Issued by the City
over the
Assessors Office bearing Tax
B subject
Declaration No. 987-654-321-B issued
property
to Fritz Angelo Vargas
therefore
constituting its
possession
thereof.

To prove that
the plaintiff
has been
paying the real
Tax Clearances from June 12, 1994 –
B1 property taxes
December 31, 2022
religiously
over the
subject
property.

To prove that
the bounds of
Approved survey plan of Lot 6970-D the land in
B2
of Cagbacong Cadastre. question
belongs to the
plaintiff

Barangay blotter filed by the plaintiff To prove that

C1
against the defendant. the plaintiff
resorted to
Summons issued by the Punong Barangay
C2 Barangay of Cagbacong Legazpi conciliation
against the defendant. proceedings

C3 Certificate to File Action from the To prove that

Punong Barangay of Barangay there was no
 Cagbacong, Legazpi City amicable
settlement was
reached thus
the plaintiff
moved to file
an action
before this
Honorable
Court.

D To prove that
Photographs of the Incident.
the defendant
Photo Depicting the entry of the actually
D1 bulldozer inside the premises of the destroyed the
subject property. fence in order
for him to
Photo of the defendant that he was in
D2 enter the
the subject property.
subject
Photo of the defendant and his men property to
destroying the fences and other build
D3
structures using sledgehammers. structures
thereon.

Photo of the defendant and his To prove that

workers constructing/introducing the defendant,
improvements thereon over the built
D4
subject property. structures in
the subject
property.

F. THE NAMES OF THE WITNESSES, AND THE SUMMARY

OF THEIR TESTIMONIES

WITNESSES PURPOSE OF TESTIMONY

Fritz Angelo Vargas To prove that he is the lawful

owner and possessor of the subject
parcel of land;

Ms. Karen De Leon; City Assessor, To prove that the ownership and
Legazpi City possession of the parcel of land in
 question belongs to the plaintiff by
identifying the tax declaration
issued by their office

Engr. Vincent N. Colle; Geodetic To testify that he was the one who
Engineer surveyed the land and approved
the survey plan.

Mr. Jude P. Lee ; Punong Barangay, a. To prove that the plaintiff

Barangay Cagbacong, Legazpi City filed a complaint against the
defendant;
b. To prove that he issued the
service of summons against
the defendant to appear in the
Katarungang Pambarangay
Proceeedings; and
c. To prove that the defendant
did not cooperated with
them, causing him to issue of
certificate to file action
against the defendant.

Mrs. Maria Atayado; Lupon To corroborate with Mr. Arjo A,

Member, Barangay Cagbacong, Lim with regards to the non-
Legazpi City. appearance of the defendant in the
conciliation proceedings before the
Lupon

Mr. Arjo A. Lim To prove and identify the

photographs taken during the
incident.

G. BRIEF STATEMENT OF POINT OF LAW AND CITATION OF

AUTHORITIES

7.1