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ASHTON PAMINTUAN,
Defendant.
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PRE-TRIAL BRIEF
PLAINTIFF, by counsel, to the Honorable Court, respectfully
submits its pre-trial brief as follows:
Art. 1309 of the Civil code provides that: "The following contracts are
voidable or annullable, even though there may have been no damage to the
contracting parties:
Sec. 2, R.A. No. 10572 amending Art. 111 of the Family Code provides that:
During the effectivity of the Real Estate Mortgage, Plaintiff and Julia
de la Cruz migrated in the United States of America to treat the worsening
health condition of the latter;
Since then, nothing was heard of the Defendant and the whereabouts
of Transfer Certificate of Title (TCT) No. 10070 up until the demise of Julia
de la Cruz where Plaintiff returned to the Philippines in 2014 where she
inquired with the Civil Registry of Deeds of Tacloban City as to the status of
Transfer Certificate of Title (TCT) No. 10070;
Julia de la Cruz, during her lifetime, never mentioned to her only heir
Plaintiff, that the property was subject of sale;
Moreover, granting that the sale is indeed entered into between the
late Julia de la Cruz and Ashton Pamintuan, still the sale is invalid. It can be
gleaned that during the date, December 11, 2011, when the sale allegedly
became absolute, Julia was still married to Mr. Anton de la Cruz, and the
latters consent to the sale was not obtained, as reflected in the deed.
When Plaintiff checked the property, she found out that a construction
is on-going to fence the property;
1.) That the Defendant is not the legal owner of the subject property and
acknowledge the ownership of it by his friend, Julia de la Cruz.
2.) That the Defendant borrowed the said TCT No. 10070 from the
Plaintiff's deceased mother to secure Defendant's various personal
loans from an Edelyn Cadiz and for no other purpose.
3.) That the Defendant acknowledge Plaintiff as the sole heir and
successor-in-interest of the deceased Julia de la Cruz.
4.) That Defendant admits that Mr. Anton de la Cruz, spouse of Julia de
la Cruz, did not consent to the sale.
4.) That the Defendant acknowledge the existence of his letter to Julia de
la Cruz, marked as Exhibit D, informing the latter that he had already
fully settled all his personal loan obligations with said Edelyn Cadiz
and that the mortgage is already cancelled.
WITNESSES TO BE PRESENTED
DATES OF HEARING
The Plaintiff would depend upon the dates agreed upon during
the pre-trial.
RESPECTFULLY SUBMITTED.
Tacloban City.
26 January 2016.
By:
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