Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 58, Quezon City Arthur

Garcia Jr., Plaintiff, - versus Civil Case No. Q-11-38476 For: Quieting of Title with Damages

Chupeta Herman, Defendant. x --------------------------------------------------- x PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits this Pre-Trial Brief, as follows:

I. 1.1.

Willingness To Enter Into An Amicable Settlement

Subject to a concrete proposal that is fair and reasonable and a reciprocal

manifestation of openness from Defendant, Plaintiff is open to the possibility of amicably settling this dispute as the absolute owner of the lot in dispute. 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, Plaintiff

respectfully submits the case for alternative modes of dispute resolution.

II. 2.1.

Brief Statement of Claims and Defenses

Plaintiff, in his Complaint dated 21 November 2011, seeks to annul

Defendant s TCT No. 67787847 and recover damages on the following grounds: 2.1.1. He is the registered owner of a parcel of land (hereinafter LOT ) located at 20 Rockwell Drive, Rockwell Center, Makati City, as recorded in Transfer Certificate of Title (TCT) No. 11873645; 2.1.2. He acquired the LOT by succession from his father, Arturo Garcia, who died in 2001;

Page 1 of 6

2.1.3. Defendant s act of reconstituting the certificate of title is entirely baseless and fraudulent and creates a cloud upon Plaintiff s title to the LOT; 2.1.4. As a result of Defendant s actions in fraudulently and wantonly depriving Plaintiff of his property, Plaintiff is entitled to Moral Damages in the amount of One Million Pesos (Php 1,000,000.00); Exemplary Damages in the amount of One Million Pesos (Php 1,000,000.00); Attorney s Fees in the amount of One Hundred Thousand Pesos (Php 100,000.00) and other reliefs, just and equitable under the circumstances.

2.2. Defendant, in his Answer dated 29 November 2011, avers that: 2.2.1. The alleged Transfer Certificate of Title No. 11873645 upon the lot is a nullity by virtue of a Free Patent No. V-21168 issued in the name of Defendant s Father, Moreno Herman, as recorded in Transfer Certificate of Title No. 67787847; 2.2.2. Plaintiff has never been an owner of the said lot considering that the Defendant s predecessor-in-interest was the first to be entitled to the said lot and to be in actual, continuous and uninterrupted possession since 1937. 2.2.3. Defendant acquired ownership over the lot by hereditary succession from his father who died on 1997; 2.2.4. The Honorable Court should annul Plaintiff s TCT No. 11873645 and order Plaintiff to pay Defendant Moral Damages in the amount of Two Million Pesos (Php 2,000,000.00); Exemplary Damages in the amount of One Million Pesos (Php 1,000,000.00); Attorney s fees in the amount of Two Hundred Thousand Pesos (Php 200,000.00), and other reliefs, just and equitable under the circumstances.

II.

Summary of Admissions

The following facts are admitted by the parties: 3.1. Their personal circumstances; 3.2. The destruction of the Register of Deeds Office of Makati City because of the fire;

Page 2 of 6

3.3. The discovery by Plaintiff of the commercial building erected on the LOT; 3.4. The confrontation between Plaintiff and Defendant on 16 November 2011; 3.5. Defendant s production of TCT No. 67787847 to Plaintiff evidencing the former s ownership over the disputed lot.

III.

Issues to be Tried and Resolved

Plaintiff submits that the following issues are subject to proof: 4.1. Whether Plaintiff is the registered owner of the contested parcel of land

covered by TCT 11873645. 4.2. father. 4.3. Whether TCT No. 11873645 was among the documents destroyed when the Whether Plaintiff acquired the disputed property by succession from his

Registry of Deeds Office of Makati City was razed by fire. 4.4. Whether TCT No. 67787847 is null and void for having been fraudulently

acquired. 4.5. Whether Plaintiff is entitled to the reliefs prayed for.

IV. NAME OF WITNESS

Testimonial Evidence

SUBSTANCE OF DURATION OF TESTIMONY TESTIMONY Atty. Joey Plazo, Register of To authenticate TCT No. One (1) hour Deeds, Makati City 11873645 and Certified True Copy of OCT No. 11771177.

Atty. Paeng Antonio, City To authenticate Tax Assessor s Office, Makati City Declaration No. D-12200668 issued in favor of the Plaintiff in 2001.

One (1) hour

Atty. Roane Arriola, Land To authenticate the Registration Authority following: Representative, Makati City 1. Certified True Copy of the Order of Judicial Confirmation transmitted by the Court that was issued in favor of Arturo Garcia over the disputed lot. 2. Approved Property

One (1) hour

Page 3 of 6

Survey covering the disputed lot under the name of Arturo Garcia. Ms. Rina Fajardo, Treasurer, Makati City City To authenticate Tax Payment Receipts issued in favor of Arturo Garcia and Arthur Garcia. To testify as to the execution of the Extrajudicial Settlement of the Estate of Arturo Garcia; One (1) hour

Arthur Garcia Jr.

One (1) hour

V. EXHIBIT A

Documentary Evidence.

DOCUMENT PURPOSE Transfer Certificate of Title To prove the ownership of (TCT) No. 11873645 Plaintiff over the disputed lot. Tax Declaration No. D-122To prove Plaintiff s 00668 ownership and possession over the disputed lot. Certified True Copy of the Order of Judicial Confirmation in favor of Arturo Garcia over the disputed lot. Approved Property Survey of the disputed lot by the Land Registration Authority Extrajudicial Settlement of Estate executed by Arthur Garcia as sole heir of Arturo Garcia Real Property Tax Receipts from 2001-2011 under the name of Arturo Garcia and Arthur Garcia jr. To prove Plaintiff s ownership over the disputed lot.

To prove the location and boundaries of the subject property under the name of Arturo Garcia. To show the source of PLAINTIFF s claim over the subject property. To prove due payment of Real Property Taxes by Plaintiff and his predecessor-in-interest, as evidence of ownership.

The Plaintiff reserves his right to present other and further evidence as the need arises.

VI.

Resort to Discovery Procedures.

The Plaintiff manifests his intention to resort to discovery procedures.

VII.

Available Trial Dates Page 4 of 6

The undersigned counsel undertakes to make herself available on trial dates as may be agreed upon by the parties, with due notice and subject to the approval of this Honorable Court.

RESPECTFULLY SUBMITTED. Makati City, 03 January 2011.

CELERY R. FAJARA Counsel for Plaintiff 20 Rockwell Drive, Rockwell Center Makati City PTR No. 55566673, 07/08/2010, Makati Roll of Attorney No. 9883748849 IBP No. 17372389 (Lifetime Member) MCLE Exempt

COPY FURNISHED:

JUNIPER BALDERAMA Counsel for Respondent Chupeta Herman 30F Trafalgar Plaza, H.V. Dela Costa Street, Makati City

Registry Receipt No. 442555 Post Office: Makati Central Post Office, corner Ayala-Buendia Ave., Makati City Date: 03 January 2011

EXPLANATION

THE BRANCH CLERK OF COURT Regional Trial Court Branch ___, Quezon City

G R E E T I N G S: Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure, undersigned counsel manifests that a copy of the foregoing Pre-Trial Brief was served to the other party by registered mail. Personal service was not practicable due to time and manpower constraints.

CELERY R. FAJARA Counsel for the Plaintiff

Republic of the Philippines ) City of Makati ) S.S. Page 5 of 6

AFFIDAVIT OF SERVICE I, FERDIE SARZA, single, Filipino, of legal age and a messenger of ATTY. CELERY FAJARA, counsel for the Plaintiff, with office address at 20 Rockwell Drive, Rockwell Center, Makati City, after having been duly sworn in accordance with law, hereby depose and states: That on 03 January 2011, I served a copy of the Pre-Trial Brief in the case entitled ARTHUR GARCIA JR, Plaintiff vs. HERMAN CHUPETA, Respondent, with Civil Case No. ___________ by depositing a copy in the Makati Central Post Office, corner Ayala-Buendia Ave., Makati City, in a sealed envelope, plainly addressed to ATTY. JUNIPER BALDERAMA at 30F Trafalgar Plaza, H.V. Dela Costa Street, Makati City, with postage fully paid, as evidenced by Registry Receipt No. 442555 and attached herein, and with instructions to the postmaster to return the mail to sender after ten (10) days if undelivered, pursuant to Sections 3, 4, 5 and 10 of Rule 13 of the Rules of Court. TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 03 January 2011, in the City of Makati, Philippines. FERDIE SARZA Affiant

SUBSCRIBED AND SWORN TO before me this 3rd day of January 2011 at Makati City, affiant exhibiting to me his Community Tax Certificate No. 452450418 issued on 08 February 2010 at Makati City and his competent evidence of identity, SSS No. 33014138 issued by the Social Security System on 08 March 2010 at Makati City and Drivers License No. PP-1214143148 issued by the Land Transportation Office on 10 May 2010 at Makati City with expiry date on 05 May 2011.

ATTY. EVA FONDA Notary Public for Makati City 3 Rockwell Drive, Rockwell Center, Makati City Commission No. 12335135, until 31 December 2011 (Makati City) PTR No. 1234314, 01/05/2010 (Makati City) Roll of Attorneys No. 123234523 IBP No. 123234543 (Lifetime Member)

Doc. No. ______; Page No. ______; Book No. ______; Series of 2011.

Page 6 of 6