Republic of the Philippines

Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT
OF CAMALIGAN-GAINZA-MILAOR, CAM. SUR
Fifth Judicial Region
Camaligan, Camarines Sur
 

HEIRS OF IGNACIO DELOS ANGELES

And ASUNCION CACERES, namely :
CARLOS DELOS ANGELES
LEONARDO DELOS ANGELES
LOURDES A. FAURILLO,
CRISTINA A. RUSTIA,
MARIA A. CANO, and
ANDRES DELOS ANGELES, Rep. by
CARLOS DELOS ANGELES,
                       Plaintiffs,
CIVIL CASE No. 475
FOR:
CANCELLATION &
-versus-                 AVOIDANCE OF
EXTRA-JUDICIAL
SETTLEMENT OF
ESTATE &
TRANSFER CERT.
OF TITLE NO. 080-
2013000661
RECONVEYANCE W/
DAMAGES

ASUNCION LACRUA-GUEREBA et. al

                       Defendants
X––––––––––––––––––––––X
 
PRE-TRIAL BRIEF

DEFENDANTS, by counsel, respectfully submit their

Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1.1. DEFENDANTS are open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable
and a reciprocal manifestation of openness from Plaintiffs
particularly their desire to have the same appropriated as
they have been repeatedly attempting to purchase the same
subject property to no avail, even attempting multiple times
to wrest control and possession of the property in the local
Lupon and fabricating scenarios one of which is the
purported agreement to sign the new Deed of Sale and the
faked document orchestrated by Kdg Nilo Cayonte which
allegedly pertains to the survey agreement and others when
in fact it was plainly a signed receipt for the turn over of the
Title processed by the Agent Norma, subject to the condition
that the sale must be for the 500 square meters only and on
the fair market value prevailing at current price considering
the inflationary fluctuations in the actual agreed sale, if ever
the sale shall push through amicably.

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil

Procedure, DEFENDANTS respectfully submit that the
desired terms of any amicable settlement would involve,
first, an admission of amount due and owing to
DEFENDANTS at Fair Market Value of the 500 square meters
and, second, a fair and impartial assessment of a duly
licensed real estate appraiser to be commissioned by the
Honorable Court.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiffs claim that defendant’s extrajudicial settlement

of estate must be cancelled and the consequent Transfer
Certificate of Title (080-2013000661) without cogent and
concrete reasons to do so and also the reconveyance with
damages based only on a piece of paper which purported to
be a Deed of Sale with an area of 585 square meters but
without the requisite metes and bounds and with spurious
signatures of the indicated parties which must be subjected
to further authentication and verification and with the
plaintiffs exercising no acts of ownership nor possession
eversince its alleged sale in 1978 until before pandemic or in
2019 where Laches already lie.

2.2 Defendants raise as defenses that no sale ever

transpired and that the signatures obtaining therein (alleged
deed of sale of 1976) are dubious and suspicious with the
almost identical strokes and bents of the signatures therein.

2.2 Defendants further raise the defenses that the

extrajudicial settlement of estate and the consequent
release of the title for the Lacrua property were above board
having been tainted with no irregularities.
III. FACTS AND OTHER MATTERS ADMITTED BY THE
PARTIES

3.1. Defendant admits only those facts stated in their

Complaint, i.e., their personal circumstances and the
existence of the valid extrajudicial settlement of estate and
the registered title of the Lacrua property.

IV. ISSUES TO BE TRIED

4.1. DEFENDANTS submit that the following issue is subject

to proof:

4.1.1. The due authenticity of the purported deed of sale

of 1976 particularly the signatures of the parties therein.

4.1.2 The factual, technical and legal bases for the

conduct of the geodetic survey by the Plaintiffs without
consent nor coordination with the DEFENDANTS.

4.1.3. The veracity and genuineness of the purported

contract signed mistakenly by Imelda Llagas dated August
30, 2019 in the guise of a receipt of the amount of
P5,000.00 which amount was actually received by the agent
Norma P. Buena. Imelda Llagas signed said document
without reading the same on the conviction that what she
was signing was for the acknowledgment receipt of the
original copy of the TCT No. 080-2013000661.

V. EVIDENCE

5.1. DEFENDANTS intend to present the following witnesses:

5.1.1 MR DANIEL BORILLA, to establish that the plaintiff’s

original patriarch by the name of Ignacio Delos Angeles alias
Taba/Igna never actually set foot nor claimed ownership and
material control during his lifetime and even after his death,
the deceased’ children never bothered to exercise control
and ownership/possession over the subject property and did
so only after more than 40 years when the plaintiffs, after
unsuccessful attempts in the barangay court, hired a lawyer
to contest their claims;

5.1.2 MRS IMELDA LACRUA LLAGAS, one of the defendants

who have been in the vicinity since her birth and never
heard of the purported sale in 1978 between the deceased
Ignacio Delos Angeles and the ascendants of the Lacruas
until before the pandemic when they were then repeatedly
harassed by the plaintiffs by way of forcing them to sign a
purported deed of sale which they did not consented to and
misled her to sign a faked document with agreement
provisions that were not discussed at all to the said Mrs
Llagas, who innocently and was of the belief that what she
was signing actually was the receipt for the turn over of the
original title that was processed by the agent Norma;

5.1.3 MRS ELVIE LACRUA CABRAS, one of the siblings of the

defendants who have been in the vicinity since her birth and
never also privy to the purported sale in 1978 between the
deceased Ignacio Delos Angeles and the ascendants of the
Lacruas. She avers that the Lacruas never agreed to execute
a Deed of Reconveyance in their favor nor consented for the
survey and segregation from the mother lot. No conference
where the Lacruas agreed to the proposal of the Delos
Angeles to have a subdivision survey of the property in
question. No payment received by the Lacruas as the
supposed P5,000.00 was directly given to the agent Norma
for the processing of the title. The Lacruas are the ones in
actual material possession of the subject property as in fact
there was already a semi concrete residential house
constructed there in by Robbie Lacrua Cabras.

5.2. DEFENDANTS reserve the right to present any and all

documentary evidence, which shall become relevant to rebut
Plaintiff’s claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belie
defendants’ witnesses, if necessary.

VI. DOCUMENTARY EVIDENCES:

1. Exhibit “1” – Judicial Affidavit of Daniel Borilla

2. Exhibit “2” – Judicial Affidavit of Imelda Lacrua Llagas
3. Exhibit “3” – Judicial Affidavit of Elvie Lacrua Cabras
4. Exhibit “4” – faithful reproduction of the Extrajudicial
Settlement of Estate of the Lacruas dated June 22,
2006 notarized before Atty. Godofredo De Guzman
5. Exhibit “5” – faithful reproduction of the TCT Title No.
080-2013000661 of the Lacruas with Herminia Legaspi
as the original owner previously covered by Original
Certificate Title No. 17985
6. Exhibit “6” – updated Tax Declaration issued by the
Treasurer’s Office, Municipality of Milaor, Camarines
Sur
7. Exhibit “7” – faithful reproduction of the old title
covering the subject property in controversy under OCT
Title No. 17985
8. Exhibit “8” - unsigned copy of the Field Notes Cover by
Engr Josephine Buenavente of 141 San Jose St., San
Felipe, Naga City, for Asuncion Lacrua-Gueriba dated
2021
9. Exhibit “9” - Exhibit “4” – summons of the Lupon of
Brgy Capucnasan, Milaor, Camarines Sur
 10. Exhibit “10” – faithful reproduction of the
Certificate to File Action issued by the Office of the
Lupong Tagapamayapa dated September 30, 2021
under Brgy Case No. 073-2021 in the absence of a full
and formal confrontation between the parties.
11. Exhibit “11A-C” – pictures showing the
improvements thereon as erected by one ROBBIE
CABRAS and as planted by Pay Doring (Teodoro
Lacrua) with bananas, kamoteng kahoy, upo, etc.)

VII. LAW AND JURISPRUDENCE

Relevant provisions of the Civil Code, Rules of Court,

Property Registration Decree (PD 1529) and other pertinent
laws and related jurisprudence congruent to the above-
entitled case.

VIII. AVAILABLE TRIAL DATES

January 9, 2023, Februry 6, 2023, March 6, 2023, April 10,

2023, May 8, 2023, June 5, 2023, and July 10, 2023 or such
available trial dates in the Court calendar considering as well
the available trial dates of Counsels.

Naga City to Baras, Canaman, Camarines Sur,

November 29, 2022.

FILEMON ORPIA BATURIANO, JR.

2F Dong Bldg., Gen. Luna St., Sta. Cruz, Naga City
(opposite PNP Station One Barlin)
Contact No. 09098573380 monbaturiano@yahoo.com
IBP No. 244717 (OR)/ 07-01-2022 /IBP Pasig City
PTR No. 1701088/ 08-08-2022/ Naga City
Roll of Attorney’s No. 82592
MCLE Compliance No. (Newly Admitted-05/30/22) as per Governing Board
Order No. 1-2008, 4 July 2008

Copy furnished:

ATTY. EXPEDITO MAPA

Counsel for Plaintiffs
075 Baras, Canaman, Camarines Sur