Pretrial Bried.docx

Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT Second Judicial Region Lagawe-Hingyon, Ifugao Province

BRIAN D. TALIC, Plaintiff,

CIVIL CASE NO: 582 For: Recovery of Possession with Damages

-versusWILLIAM B. BALA-OY, Defendant. x - - - - - - - - - - ------- - - --x

PRE-TRIAL BRIEF (for the Plaintiff) WITH THE HIGHEST RESPECT TO THE HONORABLE COURT, Plaintiff, through counsel unto this Honorable Court, respectfully submits this Pre-trial brief and for this purpose, alleges that: POSSIBILITY OF AMICABLE SETTLEMENT Plaintiff is willing to amicably settle the same on just and equitable grounds. 1. 2. 3. 4. 5. 6. 7.

PROPOSED FACTS FOR ADMISSION Defendant never stayed on the land in dispute. Defendant does not have a house on the land in dispute The land referred to in OCT No. CLOA 32 in the name of Lorenzo Bala-oy is located at Baludibud, Boliwong, Lagawe, Ifugao. The adjacent land owners of the land referred to in OCT No. CLOA 32 were not notified of the survey of the land leading to the issuance of the OCT No. CLOA 32. The land in the name of Bobobban Lingdi covered by Tax Declaration A1099 marked as Exhibit 2 is located at Mountain Province as reflected in said tax declaration. Defendant does not have tax declaration nor a title to the land in dispute. The land where the old house of defendant stands, as depicted in the photographs attached, is not included in the land in dispute.

DOCUMENTARY EVIDENCE 1. 2. 3. 4. 5. 6. 7. 8.

Tax Declaration no. 14078 in the name of Felipe Talic Tax Declarations in the name of Dolores Talic Marriage Certificate of Felipe and Dolores Talic Deed of Sale of the land between Dolores Talic and Brian Talic Tax Declaration no. ARP no 94-01007-00866 in the name of Brian Talic. Tax Receipts Realty Tax Clearance Others ISSUE

1. WHO IS ENTITLED TO LAWFUL POSSESSION OF THE LAND. 2. WHO IS ENTITLED TO DAMAGES WITNESSES: 1. 2. 3. 4. 5. 6. 7.

Roberto Alindayo Pedro Lunag Tomas Balanian Dolores Talic Immihig Donato Pagaddut Others

The witnesses would testify to the ownership and possession of the land by plaintiff and his predecessors and predecessors-ininterest. TRIAL DATES Plaintiff intends to present seven witnesses and prays for eight trial dates to present them. RESPECTFULLY SUBMITTED. Lagawe, Ifugao Province, this 15th day of May, 2017. PUBLIC ATTORNEY’S OFFICE Department of Justice By: GERALD B. TAYABAN OIC-DPA, Public Attorney 111 Lagawe, Ifugao

Copy furnished: ATTY. Kendall Pung-ao T. Immoliap Banaue, Ifugao