Republic of the Philippines

REGIONAL TRIAL COURT

4th Judicial Region
Branch 73
Antipolo City, Rizal

DAENERYS TARGARYEN, HEIR OF

AERYS TARGARYEN III,

CIVIL CASE NO. C-785

Plaintiff,
For:
-versus-

Declaratory

Relief

for

Quieting of Title and/or to

Remove Cloud Being Cast

HEIRS OF ROBBERT BARATHEON

Upon

the

Ownership

of

NAMELY: CERSEI LANNISTER AND

Residential Lot and House

TOMMEN BARATHEON,

and Damages

Defendants.
x-------------------------------------------------------------/
PRE-TRIAL BRIEF
(for the plaintiff)

COMES NOW PLAINTIFF, DAENERYS TARGARYEN, through counsel,

unto this Honorable Court, most respectfully files this pre-trial brief as follows:
THE PARTIES
1. That plaintiff, Danaerys Targaryen, of legal age, and a resident of #300,
Pyramid St., Meereen Village, Barangay Malanday, Marikina City where
she may be served with summons and other processes of this
Honorable Court.
2. That defendants, are the heirs of Robert Baratheon and both are also of
legal age, with residence and post office address at #128, Casterly
Rock St., Westerlands Subdivision, Barangay Mayamot, Antipolo City
where they may also be served with summons, notices and other
processes of this Honorable Court.
AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE
RESOLUTION

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Plaintiff is willing to enter into an amicable settlement;

Likewise, if

applicable, plaintiff is willing to submit the case to any of the alternative modes of
dispute resolution;
FACTS OF THE CASE
1. The property in question is a 500,000 square meter land with Lot No.
258963 located in Sitio Kaladkad, Barangay Inarawan, Antipolo City.
Said property has been occupied by the Targaryen family for over 60
years prior to the usurpation of Robert Baratheon in 2005. The property
is located in the mountain areas and previously had no access to roads
hence it was not cultivated or put to use;
2. The last known owner of the land in question Aerys Targaryen, as
evidenced by the Original Certificate of Title No. 123456 issued in favor
of Aerys in March 26, 1996;
3. Plaintiff is hereby the rightful owner of the said property since she is the
only living heir of Aerys Targaryen III who is her father;
4. Around April 2002, construction of a new road by the Department of
Public Works and Highways began and was finished in 2003, hereby
giving access to the plaintiffs property;
5. Sometime in 2002, Robert Baratheon approached the ailing father of
plaintiff and offered to purchase the property in question. However,
Aerys declined saying that he had plans of turning the property into a
resort and leisure facility;
6. In 2003, through a fraudulent Deed of Sale, and a forged copy of the
OCT in my fathers name, Robert Baratheon obtained Transfer
Certificate of Title No. 987654 from the Land Registration Authority
Region IV-A;
7. In August 2010, my father succumbed to his cancer and in his will left all
of his properties to my name. In the same month, I arrived from the
Netherlands where I worked as an Engineer, in order to arrange my
fathers funeral and the properties left by my father. I went to the LRA to
transfer the OCT to my name and that was when I found out about the
usurpation of Robert Baratheon onto the said property;
8. The plaintiff went to the property in question and found that Robert
Baratheon had built a commercial building called Red Keep on a portion
of the said property and was leasing it to several tenants;
9. After further inquiry, plaintiff discovered that Robert Baratheon had
passed away in 2008 and that it was his widow, Cersei Lannister, and
son, Tommen Baratheon, who were managing the property;
10. That plaintiff has been deprived of her right to use, enjoy and possess
the premises of her duly acquired property as it has been unlawfully
occupied by the defendants;

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11. That the plaintiff has twice demanded for the defendant to vacate the
premises of the aforementioned property but the latter has refused to do
so for the past six (6) years;
12. That due to the unlawful occupation of the defendant the plaintiff has
suffered actual damages of Four Hundred Seventy One Thousand
Pesos (Php471,000.00) in tax payments without having even gained
possession of her property; incurred litigation expenses amounting to
One Hundred Thousand Pesos (Php100,000.00), due to evident bad
faith of the defendant; defendants should also pay Three Million Pesos
(Php3,000,00.00) in back lease or rentals for the past six (6) years of his
unlawful possession and occupation of the property; defendant must
surrender and vacate the premises of the aforementioned property; and,
to provide for Two hundred Thousand Pesos (Php 200,000.00) in
attorneys fees and the costs of this suit.
STATEMENT OF ISSUES
Plaintiffs hereby submits the following issue/s for trial and subsequent
resolution of this Honorable Court, viz:
a. Whether or not the Defendant unlawfully occupies and refuses to
vacate the premises of the Plaintiffs property;
b. Whether or not TCT No. 987654 is a valid title which conveys upon
defendants ownership over the property subject thereof;
c. Whether or not the Defendant is liable to pay actual damages, rental
arrears, litigation costs, and attorneys fees.
WITNESSES
The witnesses to be presented by the petitioners are as follows, viz:
a. AEMON TARGARYEN - Plaintiffs great uncle who will testify that the
property has been, indeed, in the name of the Targaryen family;
b. MARGAERY TYRELL - Tenant of the Red Keep, to testify that the
Baratheon family has taken possession of the property in question;
c. ATTY. BARRISTAN SELMY - The lawyer of plaintiffs father, to testify
that the deceased Aerys Targaryen III was the rightful owner of the
property in question, that the signature on the Deed of Sale obtained by
Robert Baratheon was fake, and that Aerys never sold the said property.
a.
b.
c.
d.
e.

DOCUMENTARY EXHIBITS
Photocopy of Original Certificate Title no. 123456;
Birth Certificate of Plaintiff;
Death Certificate of Aerys Targaryen III;
Transfer Certificate Title no. 987654;
Demand letters sent to Defendants Cersei Lannister and Tommen
Baratheon;
APPLICABLE LAWS AND JURISPRUDENCE

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a. The pertinent provisions of the Civil Code of the Philippines, particularly,

Articles 428 which states:
The owner has the right to enjoy and dispose of a thing, without
other limitations than those established by law.
The owner has also a right of action against the holder and possessor of
the thing in order to recover it.;
b. And Article 433 of the Civil Code of the Philippines which states:
Actual Possession under claim of ownership raises a disputable
presumption of ownership. The true owner must resort to judicial process for the
recovery of the property.;
c. Also, Article 476 which states:
Whenever there is a cloud on title to real property or any interest
therein, by reason of any instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but is in truth and in fact
invalid, ineffective, voidable, or unenforceable, and may be prejudicial to
said title, an action may be brought to remove such cloud or to quiet such
title.
An action may also be brought to prevent cloud from being cast upon
title to real property or any interest therein.
d. Article 477 of the Civil Code of the Philippines which states
The plaintiff must have legal or equitable title there to, or interest in
the real property which is the subject-matter of the action. He need not be
in possession of said property.
e. and other related procedural and substantive 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.
SUBMISSION OF JUDICIAL PLEADINGS
Plaintiff would like to submit judicial pleadings which shall constitute the
direct testimony of defendants witnesses subject to the cross-examination by
defendants or their counsel in order to facilitate the early disposition of the instant
case.
RESERVATION OF TESTIMONIAL AND DOCUMENTARY EVIDENCE
Plaintiffs hereby reserve the right to present 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.
14 May 2016, Antipolo City, Rizal, Philippines.

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ATTY. JORAH MORMONT

Counsel for Plaintiff
MORMONT LAW OFFICE
Unit A, 172 M.L. Quezon Street, Barangay San Roque, Antipolo City, Rizal
Attorneys Roll No. 785432
MCLE Compliance No. V-251456 / 04-14-2019
PTR No. 138745 / 012215 / City of Antipolo;
IBP OR No. 354856 / 012215 / Rizal Chapter

Copy furnished:
Atty. Kevan Lannister
Counsel for Defendants
Unit 104, Ground Floor, Rikland Centre,
Marcos Highway, Mayamot,
Antipolo, 1870 Rizal
Cersei Lannister
#128, Casterly Rock St.,
Westerlands Subdivision,
Barangay Mayamot, Antipolo City
Tommen Baratheon
#128, Casterly Rock St.,
Westerlands Subdivision,
Barangay Mayamot, Antipolo City
Daenerys Targaryen
#300, Pyramid St., Meereen Village,
Barangay Malanday, Marikina City

EXPLANATION
A copy of the instant Pre-Trial Brief was registered mail and personally
served on the counsel for defendants Cersei Lannister and Tommen Baratheon.

ATTY. JORAH MORMONT

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