Plaintiffs, by counsel and unto this Honorable Court
respectfully submit this Pre-trial and state:
A. WILLINGNESS TO ENTER INTO AMICABLE SETTLMENT
Plaintiffs are open to a reasonable and acceptable
Compromise Agreement.
As plaintiffs claims are laid down in the complaint, they
will await reasonable proposal from the defendants.
B. ADMITTED FACTS / PROPOSED FACTS FOR STIPULATION
1. Capacity of the parties;
2. Plaintiffs are the registered co-owners of a certain
residential building located at Brgy. II-B, San Pablo City and covered by Tax Declaration No. 2011-029- 0161;
3. The said residential building has six (6) rooms and
one of the rooms is on verbal lease to the defendant on a monthly rental of P2,300.00; 4. Defendant failed and refused to pay the monthly rental starting December 2010 up to the present; Page |2
5. Formal demand was made to defendant to pay the
accrued rental and to vacate but the latter failed and refused to do so;
6. The last demand was made on June 25, 2012 and the complaint was filed within the one (1) year period;
7. The matter was referred to the Office of the
Barangay but no settlement was reached by the parties;
C. ISSUE TO BE RESOLVED
1. Whether plaintiffs are entitled to eject the defendant
in the residential building owned by the former?
2. The amount of the unpaid rentals and damages;
D. DOCUMENTARY EVIDENCE TO BE PRESENTED
1. Tax Declaration of the Residential Building with no.
2011-029-0161 in the name of plaintiffs;
Purpose: To prove that plaintiffs are the legitimate owners of
the residential building wherein one of the rooms is on verbal lease to defendant on a monthly rental of P2, 300.00.
2. Written promise to pay and vacate executed by Noel
Dilanta;
Purpose: To prove that defendant acknowledged to be a
mere lessee and he failed to pay the rental. Likewise, to prove that he failed to comply the terms indicated in the said written promise;
3. Demand letter dated June 25, 2012;
Purpose: To prove that formal demand to pay the accrued
rentals and to vacate the room occupied by defendant but the latter failed and refused to do so;
4. Certification to file action;
Purpose: To prove that no settlement was reached before
the Office of the Barangay; Page |3
5. Contract of Lease with Philippine National Railway
(PNR);
Purpose: To prove that plaintiff has a valid lease contract of
the land with PNR where the residential building is located.
Plaintiffs reserve the right to present additional
documentary evidence which may be necessary in the course of trial.
E. INTENTION TO AVAIL DISCOVERY PROCEDURES OR
REFERRAL TO COMMISSIONERS
Plaintiffs have no intention of availing discovery
procedures or referral to commissioners.
F. WITNESSES TO BE PRESENTED
Plaintiff Juanita Canubas – will testify all matters in the
complaint specifically but not limited to the ownership of the residential building, one room of which was leased to defendant on a verbal lease, the non payment of rental and the refusal to vacate of the defendant despite demand, the compliance of defendant written promise to pay and to vacate and the referral to the Office of the Barangay.
Plaintiffs need at least one (1) hour to complete the
testimony of the witness.
Plaintiffs reserve the right to present additional
witnesses which may be necessary in the course of trial.
