1PreliminaryConference Brief Fanoga

Republic of the Philippines
MUNICIPAL TRIAL COURT

Fourth Judicial Region
Sablayan, Occidental Mindoro
TRIZELA N. FANOGA,
Plaintiff,
- versus - CIVIL CASE NO. 169_________

For: Forcible Entry and Damages
SPS.WILMER AND EVELYN

NAPILA AND ALMER M.
NAPILA
Defendants.
x ----------------------------------------- x
PRELIMINARY CONFERENCE BRIEF
PLAINTIFF, by counsel, respectfully submits her Preliminary
Conference Brief as follows:
I. Brief Statement of Plaintiff’s Case
This is a case for Forcible Entry filed by the Plaintiff in order to
eject the Defendant and recover the physical possession of the parcel of
land covered by TCT. 01056348 and TCT No. 01056346 containing an
area of EIGHT THOUSAND NINE HUNDRED AND THIRTY EIGHT
(8,938) SQUARE METERS MORE OR LESS and SEVENTEEN
THOUSAND, SIX HUNDRED AND SEVENTY-SEVEN (17,677) SQUARE
METERS OR MORE respectively (hereafter “Subject Premises).

Defendant was the registered owner of the Subject Premises.
Plaintiff and her predecessors-in-interest has been in peaceful
possession of the land continuously and uninterruptedly since the year
2005. On December 23, 2020 just days after the Plaintiff harvested her
crops, Defendants together with their hired laborers without the
knowledge, consent and authority of the Plaintiff, by force, strategy and
stealth on the subject properties, encroached on and took possession of
the portion of the lands
II. Proposed Stipulation of Facts
Plaintiff proposes the following facts to be admitted/stipulated by
the other party.
1. The identities of the parties;
2. The location of the subject properties;
3. The jurisdiction of the court;
III. Issues to be Tried or Resolved
Plaintiff respectfully submits the following issues to be tried or
resolved by this Honorable Court.
1. Whether or not Defendant should be evicted from the Subject
Premises;
2. Whether or not the Confirmation of Sale by Potenciano Sison
could prevent the Ejectment of Defendants.

IV. Documentary Exhibits
Plaintiff respectfully submits the following documents for marking
as follows and as her exhibits.
Exhibit Description
Exhibit “A” TCT. 01056348
Purpose: This Exhibit is being offered to prove that the parcel of land
containing an area of EIGHT THOUSAND NINE HUNDRED
AND THIRTY EIGHT (8,938) SQUARE METERS MORE OR
LESS is registered in the name of TRIZELA N. FANOGA.
Exhibit “B” TCT No. 01056346
Purpose: This Exhibit is being offered to prove that the parcel of land
containing an area of SEVENTEEN THOUSAND, SIX
HUNDRED AND SEVENTY-SEVEN (17,677) SQUARE
METERS OR MORE is registered in the name of TRIZELA
N. FANOGA.
Exhibit “C” KATIBAYAN UPANG MAKADULOG SA

TANGGAPAN NG HUKUMAN
Purpose: This Exhibit is being offered to prove that the Plaintiff has
complied with the condition precedent for the filing of the
present case.
Exhibit “D” Deed of Sale between
Potenciano Sison and
Rodolfo Napila dated April
21st, 1986;
Exhibit “E” The name and signature of
then MTC Judge Gaspar
Bercasio as Notary Public;
Exhibit “F and F-1” The Confirmation of Sale
executed by Potenciano
Sison in favor of Rodolfo
Napila dated April 30, 1986
notarized by MTC Judge
Gaspar Bercasio;
Exhibit “G” The Certificate Authorizing
Registration dated June 27,
1986 issued by the Bureau
of Internal Revenue in favor
of Rodolfo Napila;
Exhibit “H” The stamp of Register of
Deeds for Mamburao
certifying that the

Instrument Deed of Sale was
registered therein dated
January 5, 1987;
Purpose: These Exhibits are being offered to prove that a Deed of Sale
was executed by Potenciano Sison in favor of the Plaintiff’s predecessor
in interest Rodolfo Napila.
Exhibit “I to I-2” The approved
subdivision plan of Lot
No. 581 covered by
OCT No. P-5876 with
the date of approval
dated December 15,
2009 signed by Lydia
S. Lopez, OIC
Technical Director,
Land Management
Services
Purpose: This Exhibit is being offered to show and prove the metes
and bounds of the property sold to Rodolfo Napila by Potenciano Sison
and later registered under the name of the Plaintiff.
Exhibit “J to J-1” The photo of the
property registered in
the name of the
Plaintiff before and
after it was fenced by
the Defendants.
Purpose: These Exhibits are being offered to show and prove that a
fence was constructed at the property of the Plaintiff.
Plaintiff reserves the right to present other documents and such
other witnesses deemed material.
V. Witnesses to be Presented
Plaintiff respectfully submits the following persons as her
witnesses:
1. Plaintiff will submit her judicial affidavit to prove the allegations
of the Complaint
2. Julio R. De Jesus, Jr. will execute his judicial affidavit to prove
that Plaintiff Trizela N. Fanoga and her predecessor-in-interest have been
in open and continuous possession of the subject premises until the
unlawful entry.
Plaintiff reserves the right to present additional witnesses as may
be needed.
VI. Possibility of Amicable Settlement
Plaintiff is willing to have this case amicably settled under terms
that are fair and reasonable.

VII. Applicable Laws and Jurisprudence
Plaintiff respectfully submits that the following laws and jurisprudence
are applicable.
1. Provisions on Forcible Entry found in the Rules of Court;
and Rules on Summary Proedure;
2. Jurisprudence applicable to this case.
VIII. Modes of Discovery
Plaintiff is not availing herself of the modes of discovery at this
time.
IX. Available Trial Dates
Plaintiff respectfully requests that trial dates be set in the

presence of counsels and parties in order to avoid conflict of schedule.
Respectfully submitted.
This 23rd of April at Sablayan, Occidental Mindoro
ATTY. MELVIE E. SILVERIO-DACAYANAN

Counsel for the Petitioner
1261 Claudio Salgado Street,Buenavista
Sablayan, Occidental Mindoro
Roll of Attorneys No. 68003
IBP Lifetime Roll No. 016948
PTR No. B-8378984, Occ. Mindoro
MCLE Compliance No. VI-0016804
bhem197896@gmail.com
Copy Furnished:
ATTY. LEVITICO SALCEDO

Counsel for Defendant
Barangay Pag-Asa, San Jose
Occidental Mindoro

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Republic of the Philippines

MUNICIPAL TRIAL COURT

- versus - CIVIL CASE NO. 169_________

SPS.WILMER AND EVELYN

PRELIMINARY CONFERENCE BRIEF

PLAINTIFF, by counsel, respectfully submits her Preliminary

Conference Brief as follows:

I. Brief Statement of Plaintiff’s Case

This is a case for Forcible Entry filed by the Plaintiff in order to

land covered by TCT. 01056348 and TCT No. 01056346 containing an

area of EIGHT THOUSAND NINE HUNDRED AND THIRTY EIGHT

(8,938) SQUARE METERS MORE OR LESS and SEVENTEEN

THOUSAND, SIX HUNDRED AND SEVENTY-SEVEN (17,677) SQUARE

METERS OR MORE respectively (hereafter “Subject Premises).

Plaintiff and her predecessors-in-interest has been in peaceful

possession of the land continuously and uninterruptedly since the year

crops, Defendants together with their hired laborers without the

knowledge, consent and authority of the Plaintiff, by force, strategy and

stealth on the subject properties, encroached on and took possession of

the portion of the lands

II. Proposed Stipulation of Facts

Plaintiff proposes the following facts to be admitted/stipulated by

the other party.

1. The identities of the parties;

2. The location of the subject properties;

3. The jurisdiction of the court;

III. Issues to be Tried or Resolved

Plaintiff respectfully submits the following issues to be tried or

resolved by this Honorable Court.

1. Whether or not Defendant should be evicted from the Subject

2. Whether or not the Confirmation of Sale by Potenciano Sison

could prevent the Ejectment of Defendants.

Plaintiff respectfully submits the following documents for marking

as follows and as her exhibits.

Exhibit “A” TCT. 01056348

containing an area of EIGHT THOUSAND NINE HUNDRED

AND THIRTY EIGHT (8,938) SQUARE METERS MORE OR

LESS is registered in the name of TRIZELA N. FANOGA.

Exhibit “B” TCT No. 01056346

containing an area of SEVENTEEN THOUSAND, SIX

HUNDRED AND SEVENTY-SEVEN (17,677) SQUARE

METERS OR MORE is registered in the name of TRIZELA

Exhibit “C” KATIBAYAN UPANG MAKADULOG SA

complied with the condition precedent for the filing of the

Potenciano Sison and

Rodolfo Napila dated April

Exhibit “E” The name and signature of

then MTC Judge Gaspar

Bercasio as Notary Public;

Exhibit “F and F-1” The Confirmation of Sale

Sison in favor of Rodolfo

Napila dated April 30, 1986

notarized by MTC Judge

Exhibit “G” The Certificate Authorizing

Registration dated June 27,

1986 issued by the Bureau

of Internal Revenue in favor

Exhibit “H” The stamp of Register of

Deeds for Mamburao