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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 withDamages

Chupeta Herman,

Defendant.

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

PRE-TRIAL BRIEF

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

I. Willingness ToEnter Into An Amicable Settlement1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocalmanifestation 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, Plaintiffrespectfully submits the case for alternative modes of dispute resolution.

II. Brief Statementof Claims and Defenses2.1. Plaintiff, in his Complaint dated 21 November 2011, seeks to annul

Defendants 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;


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2.1.3. Defendants act of reconstituting the certificate of title is entirely

baseless and fraudulent and creates a cloud upon Plaintiffs title to the LOT;

2.1.4. As a result of Defendants 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); Attorneys 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 Defendants

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

Defendants 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 Plaintiffs 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); Attorneys 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 AdmissionsThe 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;


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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. Defendants production of TCT No. 67787847 to Plaintiff evidencing the

formers ownership over the disputed lot.

III. Issues to be Tried and ResolvedPlaintiff submits that the following issues are subject to proof:

4.1. Whether Plaintiff is the registered owner of the contested parcel of landcovered by TCT 11873645.

4.2. Whether Plaintiff acquired the disputed property by succession from hisfather.

4.3. Whether TCT No. 11873645 was among the documents destroyed when theRegistry of Deeds Office of Makati City was razed by fire.

4.4. Whether TCT No. 67787847 is null and void for having been fraudulentlyacquired.

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

IV. Testimonial EvidenceNAME OFWITNESS SUBSTANCE OF

TESTIMONY

DURATION OFTESTIMONY

Atty. Joey Plazo, Register ofDeeds, Makati City

To authenticate TCT No.11873645 and Certified

True Copy of OCT No.

11771177.

One (1) hour

Atty. Paeng Antonio, City

Assessors Office, Makati City

To authenticate Tax

Declaration No. D-122-

00668 issued in favor of the

Plaintiff in 2001.

One (1) hour

Atty. Roane Arriola, Land

Registration Authority

Representative, Makati City

To authenticate the

following:

1. Certified True Copy of the

Order of Judicial

Confirmation transmitted by

the Court that was issued in

favor of Arturo Garcia overthe disputed lot.

2. Approved Property

One (1) hour


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Survey covering the

disputed lot under the nameof Arturo Garcia.

Ms. Rina Fajardo, City

Treasurer, Makati City

To authenticate Tax

Payment Receipts issued infavor of Arturo Garcia and

Arthur Garcia.

One (1) hour

Arthur Garcia Jr. To testify as to the execution

of the Extrajudicial

Settlement of the Estate of

Arturo Garcia;

One (1) hour

V. Documentary Evidence.EXHIBIT DOCUMENT PURPOSE

A Transfer Certificate of Title(TCT) No. 11873645

To prove the ownership ofPlaintiff over the disputed

lot.

B Tax Declaration No. D-122-

00668

To prove Plaintiffs

ownership and possession

over the disputed lot.

C Certified True Copy of the

Order of Judicial

Confirmation in favor ofArturo Garcia over the

disputed lot.

To prove Plaintiffs

ownership over the disputed

lot.

D Approved Property Survey

of the disputed lot by the

Land Registration Authority

To prove the location and

boundaries of the subject

property under the name of

Arturo Garcia.

B Extrajudicial Settlement of

Estate executed by Arthur

Garcia as sole heir of Arturo

Garcia

To show the source of

PLAINTIFFs claim over the

subject property.

F Real Property Tax Receipts

from 2001-2011 under thename of Arturo Garcia and

Arthur Garcia jr.

To prove due payment of

Real Property Taxes byPlaintiff 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


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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 entitledARTHUR 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. 442555and attached herein, and with instructions to the postmasterto 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 LicenseNo. 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 CityCommission 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.

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