REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7
th Judicial
Region
Branch 2
Tagbilaran City, Bohol


STEVEN V. SY,
Plaintiff

-Versus-
Civil Case No:

FOR: Recovery of Possession
and Ownership of Real Property

LUCIO M. ARBUTANTE, and
GILDA REYES-OCONNOR,
Defendants
X-------------------------------------------------------------/

PRE-TRIAL BRIEF
(For Plaintiff Steven V. Sy)

Plaintffm Steven V. Sy, through the undersigned counsel and unto his Honorable Court,
most respectfully submits his Pre-Trial Brief pursuant to Order of the Honorable Court, and
avers:

A. Possibility of Amicable Settlement or Compromise
Plaintiff is willing to withdraw to this compliant if Dependant will peacefully and
voluntarily vacate the disputed land property at Tawala, Panglao, Bohol. Plaintiff
advice defendant Gilda Reyes-O Connor to go after her co-defendant, Lucio
Arbutante, and proceed to collect damages in a different civil action.
B. Brief Settlement of Defendants Claim
Plaintiff is registered owner of a parcel of land with an area of Eight thousand Five
Hundred (8,500) square meters situated at Tawala, Panglao, Bohol, and which land is
covered by Transfer Certificate Title No. 10986, which was previously owned by Lucio
Arbutante. He brought the same from Mr. Arbutante for a value of One Million Pesos
Seven Hundred thousand Pesos ( Php. 1,700,000.00).

Immediately after executing a Deed of Absolut Sale of June 10, 2000, he complied with
all the requirements to transfer ownership of property under his name at the Registry
of Deeds in Tagbilaran City. Due to this prompt action, on August 28,2000, the Original
Certificate Title (OCT ) No. 10957 was cancelled, and the new Transfer Certificate Title
No. 10986 issued bearing Plaintiffs name as the owner.

An ocular inspection was no longer conducted by the plaintiff since a plan was already
made by his Architect and decide to do the same after the prospective has been made.
On December 2, 2000, Plaintiff went to his newly purchased property for the first time
since the Deed of Absolute Sale was executed, and that he was surprised and stunned to
see a newly constructed rest house in his property.

The Plaintiff has demanded from the Defendant Gilda Reyes-OConnor to vacate his
property several times thought demand letters including that of his lawyer from
December 2000 to April 2001; all demands remained unheeded.

The prosecution has strong evidence to prove that the Plaintiff in this case has the
better right to the immovable property. In accordance with the Article 1544 of the Civil
Code, if the same immovable property is sold to different vendees, the ownership shall
belong to the person acquiring it who in good faith first recorded it in the Registry of
Property. Registration may not confer title to the property, but since it is an action in
rem, it binds all other third persons to questions the ownership of the said property.
Ownership is an independent and general right of a person to control a thing
particularly in his possession, enjoyment, disposition and recovery, subject to no
restrictions except those imposed by the state or private persons, without prejudice to
the provisions of the law. Article 428 of the Civil Code provides that he owner has also
the right of action against the holder and possessor of the thing in order to recover it.

Thus, in view of the aforementioned, it is an undisputable fact that the plaintiff is the
true owner of the said property in dispute, located at Tawala, Panglao, Bohol.

Hence, it is but proper for the plaintiff to actually occupy and take possession of such
property, without any hindrance to the same. The law has bequeathed on him the better
right to enjoy the fruits of his hard-earned labor. He has the better right to take pleasure
in the land he has desired, and the better to relish in peaceful elation the very property
he has planned to construct his business with. No one should deny him such right. After
all, plaintiff has nothing to do with the agreement between both defendants since the
property was already registered under his name.

C. Proposed Stipulation of Facts

Plaintiff respectfully proposes to stipulate on the following facts:


a. The land in question was previously owned by Lucio Arbutante, and was covered
by Original Certificate Title (OCT) No. 10957;
b. The land in question has an area of Eight thousand five hundred square meters
(8,500);
c. On June 5,2000, Plaintiff and Defendant Lucio Arbutante agreed that the letter
would sell to former the parcel of land in Tawala, Panglao, Bohol for a total
consideration of One Million Pesos Seven Hundred Thousand Pesos (Php.
1,700,000.00).
d. On June 5, 200, plaintiff paid a partial consideration of Seven Hundred Thousand
Pesos (Php. 700,000.00) as down payment of the parcel of the land he wished to
purchase.
e. On the same day, Defendant Lucio M. Arbunante executed a contract to sell the
said parcel of land to Steven V. Sy and agreed to meet on or before June 30, 2000
for full payment of the land for sale as well as the execution of the Deed of
Absolute Sale;
f. On June 10, 2000, plaintiff paid the remaining balance of One Million Pesos (Php.
1,000,000.00) on June 10, 2000 and executed a Deed of Absolute Sale. Lucio M.
Arbuntane gave the original copy of the Certificate of Original Title to plaintiff as
well as the Tax Declaration of the said parcel Lnd.
g. On June 11, 2000, Plaintiff registered the bought parcel of land under his name
with the Registry of Deeds of the Province of Bohol.
h. On August 28, 2000, Original Certificate of Title No. 10957 was cancelled and a
new Transfer Certificate Title No. 10986 was issued to the plaintiff.
i. On December 2, 2000, the plaintiff visited his newly purchased property and was
surprised to see a newly constructed rest house made of nipa and bamboo
materials. The newly built rest house was owned by Gilda Reyes-OConnor who
allegedly bought the land from Lucio Arbutante.
j. Demands were made to Gilda Reyes-OConnor from her vacate the parcel of land
but these remained unheeded. Plaintiff even offered to pay Forty Thousand
Pesos (Php. 40,000.00) in consideration to the expenses that will be incurred by
defendant Gilda Reyes-OConnor in removing the rest house. Because of
unheeded demands, the plaintiff was constrained to file this case to enforce his
right.
k. That no case or adverse claim has ever been filed prior to the filling of this case;

D. Statement Issue

The issue presented by both parties, based on the factual and legal issues, as
submitted for resolution of this Honorable Court is Whether or not Gilda Reyes-
OConnor is a possessor in good faith and for value.

E. Documentary Evidence
a. Contract to sell executed by Lucio Arbutante and Steven Sy with the martal
consent of the formers wife Stelle Arbutante. This will be presented to prove
that the parcel of land located in Panglao, Bohol was offered for sale to the
plaintiff by defendant Lucio Arbutante.
b. Earnest Money Receipt Agreement executed by Steven Sy and Lucio Arbutante;
This will prove that an offer to sell was made by Lucio Arbutante and there was
acceptance on the part of Steven Sy by praying a partial consideration indicated
in Earnest Money Receipt Agreement.
c. Deed of Absolute Sale executed by Lucio Arbutante in favor of the Plaintiff,
Steven Sy with the marital consent of his wife Stella Arbutante. This will be
presented to prove that the land in question was lawfully acquired by Steven Sy.
d. Acknowledgement Receipt of signed by Spouses Arbutante as the seller. This will
be presented to prove that additional and full payment of One Million Pesos
(Php. 1,000,000.00) on was received by them which was given by tha Plaintiff.
e. Certificate of Original Title No. 10957 in the name of Lucio Arbutante along with
the Tax Declaration, Sketch Plan, Site Location Map and O.R of the payment of
the Real Property Tax. This will be presented to prove that Lucio Arbutante was
the former owner of the property purchased by Mr. Sy, and that all the rest of the
documents, being in its original form are handed by the former to the latter.
f. Receipt for the payment of the registration of the Transfer Certificate Title No.
10986. This is to prove that Steven Sy legally go through the process of
transferring the ownership of the parcel of land he purchased from Mr.
Arbutante.
g. Transfer Certificate Title No. 10986. This is to prove that Original Title No.
10957 was cancelled and that ownership was transferred to Steven Sy.
h. Copy of the demand Letter dated April 3, 2001 made by Steven Sys Lawyer
which was sent to Gilda Reyes-OConnor. This will be presented to prove that
Steven Sy exerted effort to settle the dispute amicably and that a consideration
to vacate the property was offered.
i. Copy of the Demand Letter date April 3, 2001 made by Steven Sys Lawyer which
was sent to Gilda Reyes-OConnor through registered mail. This is to prove that
defendant Gilda Reyes-OConnor was given ample of time to settle the matter
amicably.
j. Certified true copies the log book of Alburquerque, Bohol. This is to prove that
the demand letter were sent to the known address of Gilda Reyes-OConnor.
Plaintiff reserves the right to present additional documentary evidence that may
become available only during the trial proper.


F. Number of Witness to be Presented
The defendant intends to present three (3) witnesses. The following are his
intended witness:

a. Steven V. Sy the plaintiff himself, who will testify on his ownership of the land
in question and will identify the present documentary evidence in relation to the
land. Estimated time for direct examination: 1 hour and 15 minutes.
b. Erlinda P. Caballero the plaintiffs former secretary who will testify on the
validity of the Deed of Absolute Sale executed by the vendor, identify the present
documentary evidence in relation to the land ant the payment of the
consideration of One Million Pesos and Seven Hundred Thousand Pesos (Php.
1,7000,000.00).
c. Anastacio D. Suarez the current Post Master of Alburquerque, Bohol and the
former delivery boy of the said post office at the time of the demand letters were
sent to Gilda Reyes-OConnor, who will testify that the demand letters were
delivered at the known address of the defendant Gilda Reyes-OConnor.


Plaintiff reserves the right to present additional testimonial evidence as the exigencies of
the trial may require.


G. APPLICABLE LAWS AND JURISPRUDENCE

a. Article 1458 of the Civil Code of the Philippines which provides that By the
contract of sale one of the contracting parties obligates himself to transfer the
ownership and to deliver a determinate thing, and the other to pay therefore a
price certain in money or its equivalent.
b. Article 1505 of the Civil Code which provides that where goods are sold by a
person who is not the owner thereof, and who does not sell them under
authority or with the consent of the owner, the buyer acquires no better title to
the goods than the seller had.
c. Article 428 of the Civil Code provides that he owner has also a right of action
against the holder and possessor of the thing in order to recover it.
d. Sec. 51 of P.D. 1529 which provides that the registration of the deed is the
operative act to bind or affect the land insofar as third persons are concerned.
But where the party has knowledge of a prior existing interest which is
unregistered at the time he acquired a right to the same land, his knowledge of
that prior unregistered interest that has the effect of registration as to him.

H. Discovery Procedures and Referral to Commissioners

When appropriate, Plaintiff shall avail himself of discovery procedures under the
1997 Rules of Civil Procedure. Plaintiff manifest that he is amenable to referring the
case to commissioners under such reasonable and acceptable terms and conditions.

Respectfully submitted.

Tagbilaran City, Bohol. Philippines.


December 14, 2012.





ATTY. PHOEBE KRISTINE D. GALLEGO, Ph.D.
Notary Public