Republic Of The Philippines

MUNICIPAL TRIAL COURT IN CITIES

First Judicial Region
Baguio City
Branch 3

MERCURIA B. MAGSI (a.k.a) MERCURIA

B. SCHERER) represented by MARIA
FRANCES MAGSI MANGAOANG
Plaintiff,
Civil Case No.14049
-versus- For

HEIRS OF IGNACIO A. LOPEZ JR. FORCIBLE ENTRY AND DAMAGES

NAMED: DELIA DE GUZMAN LOPEZ and WITH PRAYER FOR TEMPORARY
LORRAINE DE GUZMAN LOPEZ and RESTRAINING ORDER(TRO) AND
RODOLFO BARNACHEA SR. and all WRIT OF PRELIMINARY INJUNCTION
persons acting on their behalf
Defendant.
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PRE-TRIAL ORDER
When this case was called for pre-trial, Atty. Mary G. Wayagwag-Guibac
appeared for the plaintiff, and Atty. Guillermo R. Bandonill Jr. appeared for the
defendant. The plaintiffs, Maria Frances Magsi Mangaoang and the defendant, Delia De
Guzman Lopez, Lorraine De Guzman Lopez and Rodolfo Barnachea Sr., were also in
court.

POSSIBILITY OF AMICABLE SETTLEMENT

During the pre-trial, there was no agreement between the parties as to the
possibility of amicable settlement of the case.

STIPULATION OF FACTS BETWEEN THE PARTIES

The plaintiff, through his counsel and the defendant, through her counsel
stipulated on the following that:

1. The subject property (lot with cottage) was previously owned by National
Government, which by virtue of Republic Act No. 5951, amending Republic
Act No. 1361, is to be sold to the present lessee or occupant who has
continuously leased or occupied them;
2. The lot that was applied for by the plaintiff is Lot no. 50;
3. Lot no. 49 is already titled in the name of Ignacio Lopez, Jr.
4. The structure introduced by the plaintiff inside the titled property of Ignacio
Lopez Jr. had been the subject of a demolition order.

ISSUES TO BE TRIED OR RESOLVED

1. Whether or not the plaintiff is entitled to recover the possession of Lot no. 49,
it being that her application and the area she occupied is Lot no. 50.
2. Whether or not the plaintiff is entitled for damges.
3. Whether or not the defendants are entitled to their counter-claim.On the other
hand, the defendant would like the following issues to be resolved:

EXHIBITS MARKED AS DOCUMENTS

The plaintiff marked the following exhibits:

1. Exhibit A – Special Power of Attorney

2. Exhibit B – Plaintiff’s application for a lot award.

3. Exhibit C – Endorsement of Plaintiff by the Screening and Recommending

Awards

Committee for Lot Award.

4. Exhibit D – Written Protest by Plaintiff against Gaudencio Sebastian.

5. Exhibit E - Final Recommendation for Plaintiff for Lot 50

6. Exhibit F,G,H - Official Documents issued by the Land Management Office

of the DENR.

7. Exhibit I - Certificate of Clearance from the OIC District Engineer for the
Repair and Extension of Shanty

8. Exhibit J - Assessment of Real Property (ARP) No. 01-07036-95961 of

Plaintiff’s residential house to prove its contents.

9. Exhibit K - Assessment of Real Propety (ARP) No. 2008-07-03687285 of

Plaintiff’s assigned lot where her residential house is erected.

10. Exhibit L - Communication dated May 28, 1992 issued by the LMS-DENR

11. Exhibit M - Certificate of Non-tax Delinquencies

12. Exhibit N - Pictures of G.I sheets and fences introduced by Defendants

enclosing the Plaintiff’s property to prove illegal/forcible acts of defendants.

13. Exhibit O - Signage “NO TRESPASSING” placed by the Defendants behind

the door of the house of Plaintiff to prove the illegal/forcible acts of
defendants.

14. Exhibit P - Relocation Survey

15. Exhibit Q - Police Blotter to prove that Plaintiff reported the illegal acts of the
Defendants.

16. Exhibit R - Certificate to File Action to prove that the Plaintiff brought the
matter to the Barangay Justice System but no settlement was achieved.

17. Exhibit S - Inspection Certification

18. Exhibit T - Agreement (rental)

The defendant marked the following exhibits:

 1. Exhibit 1- Original Certificate of Title no. P-3097

2. Exhibit 2- Survey Plan of the lot as prepared by Ignacio Lopez

3. Exhibit 3 - Documents and orders pertaining to the demolition of the

Plaintiff’s structure.

4. Exhibit 4- Photographs depicting the structure constructed by the Plaintiff

in relation to the defendant’s titled property.

5. Exhibit 5- Receipts of rental payment

6. Exhibit 6- Receipts of payment of real property for lot 49

7. Exhibit 7- Special Power of Attorney conferred by the Heirs of Ignacio

Lopez, Jr. to Rodolfo Barnachea.

8. Exhibit 8- Authority conferred by the late Ignacio Lopez, Jr. to Rodolfo

Barnachea.

WITNESSES TO BE PRESENTED

The plaintiff will present the following witnesses:

1) Maria Frances Magsi Mangaoang;

2) Kardo Magsi
3) One neighbor as collaborating witness

The defendant reserves the right to present witnesses as deemed necessary.

DATE OF HEARING

Both parties agreed on the trial date to be held on the 6 h day of November 2017 in
the afternoon and shall present their witnesses also on the same date. The parties are
hereby directed to go over the Pre-Trial Order. Should they find any error therein as
maybe supported by the Transcript of Stenographic Notes, they should call the attention
of the Court before the start of the trial. Thereafter, no correction to the order shall be
allowed.

This 16th day of October, 2017 at Baguio City, Philippines.

LEODY M. OPOLINTO
Presiding Judge

Copy furnished:
1. Atty. Guillermo R. Bandonill Jr
Rm. 307 Laperal Building
Session Road, Baguio City

2. Atty. Mary G. Wayagwag-Guibac

Rm. 209/203, 2nd Flr, Dangwa Terminal Bldg.
Rajah Matanda Street, Baguio City