Pre-trial-brief-updated.docx

Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch _____, Davao City Heart Corpuz, Club Corpuz, and Spade Corpuz Plaintiffs,

Civil Case No. ______

-versusLino Bartolome and Ace Corpuz Defendants. X--------------------------------X

DEFENDANT’S PRE-TRIAL BRIEF Defendant LINO BARTOLOME, by counsel, respectfully submits this Pre-Trial Brief for compliance with this Honorable Court’s order on _____________________, as follows: THE CASE This is a civil case for Annulment of Deed of Absolute Sale with Reconveyance and Damages. POSSIBILITY OF AMMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE RESOLUTION 1. Defendant is not willing to consider any amicable settlement or undergo alternative modes of dispute resolution; BRIEF STATEMENT OF CLAIMS AND DEFENSES 2. Defendant admits that he purchased a parcel of land covering TCT No. T – 1234567 from Helen Matias-Corpuz, through her agent Ace Corpuz, for a consideration of the sum of FIVE MILLION (P5, 000, 000) PESOS, Philippine Currency; 3. Defendant admits that he has knowledge of the fact that Helen Matias-Corpuz’s lower body was severely paralyzed, but denies that the same condition impedes her capacity of giving consent.

4. Defendant, by reason of the notarized Special Power of Attorney executed by Helen Matias-Corpuz in favor Ace Corpuz, believed in good faith that the latter has the authority to sell the subject property; and 5. Defendant further admits that he is in possession of the property subject to this dispute. ISSUES TO BE TRIED AND RESOLVED The Defendant proposes the following issues to be tried and resolved by this Honorable Court: 6. Despite the severe paralysis of Helen Matias-Corpuz, was she capable to give a free, conscious and spontaneous consent in executing a Special Power of Attorney? 7. By virtue of a duly notarized Special Power of Attorney which enjoys the presumption of regularity, are the plaintiffs entitled to raise forgery in assailing the validity of the deed of absolute sale? 8. Consequently, should the action of annulment and reconveyance with damages prosper despite the lack of cause of action and lack of merit? 9. Due to lack of cause of action and lack of merit on plaintiff’s complaint, should the petitioners be liable for legal relief in the form of attorney’s fees and litigation expenses for filing the suit?

EVIDENCE TO BE PRESENTED A.

Testimonial Evidence: Defendant will present, by judicial affidavit, or any other means, if

the Honorable Court so directs, the testimony of the following: 1. Doctor Piola Pascua, who will testify on the following matters:

a. Helen Matias-Corpuz was confined at Davao Medical School Foundation Hospital due to a car accident; b. He is one of the attending physicians of Helen MatiasCorpuz; c. To attest that the accident did not affect her mental faculties; and d. Other Related matters, facts and circumstances relevant and material to the case. 2. Atty. Arjo S. Atayde, who will testify on the following matters: a. He observed due diligence in the execution of the Special Power of Attorney; b. Mrs. Helen-Matias Corpuz is physically and mentally capable of giving consent in connection with the SPA she executed; and c. Other related matters, facts and circumstances relevant and material to the case. Defendant respectfully reserve the right to present such other witnesses to corroborate, supplement, or rebut the testimonies of the witnesses, if the exigencies of trial require it. B.

Documentary Evidence: Defendant will present the following documentary evidence: 1. Duly notarized Special Power of Attorney as (Annex “1”); 2. Original copy of the Deed of Absolute Sale as (Annex “2”); 3. Original Copy of the Transfer Certificate of Title No. T – 1234567 as (Annex “3”); 4. Duly-sworn affidavit of witness of Dr. Piola Pascua as (Annex “4”); 5. Acknowledgement receipt as (Annex “ 5”); Petitioners respectfully reserves the right to present such other

documentary evidence to corroborate, supplement, or rebut the evidence presented, if the exigencies of the trial require it.

APPLICABLE LAWS AND JURISPRUDENCE Petitioners will invoke applicable provisions of the Civil Code of the Philippines, the Family Code of the Philippines, Republic Act 8552 (Domestic Adoption Act of 1998), Republic Act 8043 (Inter Country Adoption Act of 1995), the Rules of Court, and other related laws or relevant Supreme Court decisions involving adoption and change of name.

AVAILABITY FOR TRIAL The Defendant respectfully informs this Honorable Court of his willingness to proceed to an actual trial of the case whenever necessary at the convenient time to the parties and the calendar of this tribunal. WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that the foregoing Pre-Trial Brief be duly noted. Done this _______________. For Defendant Lino Bartolome BANUELOS, CAYETANO, DE PERALTA AND MONDAY LAW OFFICE Unit 111 Landco Bldg, Bajada Davao City

By:

KELVINN L. BANUELOS, CPA Roll of Attorney No. 2017300372 PTR No. 2017300372 – 06/05/23 – D.C. IBP No. 009076 – 05/19/23 – D.C. MCLE COMPLIANCE EXEMPTED

ELSIE CAYETANO Roll of Attorney No. 2018300375 PTR No. 1234567B-06/05/18-Davao City

IBP No. 112233-05/24/18-Davao City MCLE COMPLIANCE EXEMPTED

ERIKA AIRA DE PERALTA Roll of Attorney No. 2018300375 PTR No. 1234567B-06/05/18-Davao City IBP No. 112233-05/24/18-Davao City MCLE COMPLIANCE EXEMPTED

RALPH MONDAY Roll of Attorney No. 2018400040 PTR No. 20184000 – 06/05/23 – D.C. IBP No. 009071 – 05/19/23 – D.C. MCLE COMPLIANCE EXEMPTED

Copy furnished: Office of the City Prosecutor Hall of Justice, Candelaria St., Ecoland, Matina, Davao City Received by: ____________________ Date: ________________

BAUCAN, BOLIGOR, CAGAMPANG and MATILAC LAW OFFICE 10th floor, Avant-Garde Building, Pioneer Compound , Roxas Street, Davao City Received by: ____________________ Date: ______________

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