PRE-TRIAL

UNLAWFUL DETAINER

JUDGE NADONZA

COUNSEL FOR THE PLAINTIFFS:

ATTY. ALIHUDDIN

ATTY. ARCILLAS

CLERK OF COURT: HANDANG

PLAINTIFFS: EGE – TAMANG/CHANG

STENOGRAPHER: TAMANG

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CLERK OF COURT : ALL RISE! Silence is hereby enjoined. Honorable

Judge John Raphael T. Nadonza presiding.

We say the Court prayer

Clerk: Almighty God, we stand in Your holy presence as our

Supreme Judge. We humbly beseech You to bless and inspire us so
that what we think, say and do will be in accordance with Your
will. Enlighten our minds, strengthen our spirit, and fill our
hearts with fraternal love, wisdom and understanding, so that we
can be effective channels of truth, justice, and peace. In our
proceedings today, guide us in the path of righteousness for the
fulfilment of Your greater glory.

JUDGE: The court is now in session. (GAVEL STRIKES)

JUDGE: CALL THE CASE.

Clerk: FOR PRE-TRIAL, Civil Case No. 3333-3333-33 for Unlawful

Detainer * SPS. VERMELLO & AZULA DELOS REYES* vs * SPS. VERDE &
MARIELLU ODONES *

Judge: Appearances.
COC: Your Honor. For the Plaintiff, we have..

Plaintiff:

*STAND* Atty. MARWA ALIHUDDIN appearing as lead counsel for the

plaintiff, SPS. VERMELLO & AZULA DELOS REYES (SPOUSES STAND WHEN
ACKNOWLEDGED), your honor. We are ready.

Atty. RHEA ARCILLAS appearing as collaborating counsel for the

plaintiff, your honor. We are ready.

COC: Your Honor. For the Defendant, we have...

Defense: Atty. (IVAN AND SHENI’S GROUP) appearing as lead

counsel for the defendant, VERDE & MARIELLU ODONES (SPOUSES
STAND WHEN ACKNOWLEDGED), your honor. We are ready.

JUDGE: PLEASE PUT ON RECORD THAT THE PMC HAS ALREADY SUBMITTED
ITS RESOLUTION AND MANIFESTED THAT BOTH PARTIES DID NOT REACH
INTO AN AMICABLE SETTLEMENT AND REMANDED THE CASE TO THIS COURT.

COC: NOTED YOUR HONOR.

STIPULATION OF FACTS

JUDGE: WE WILL PROCEED TO THE STIPULATION OF FACTS. ARE THE

PLAINTIFFS READY?

ATTY.: YES YOUR HONOR. With the kind permission of this

honourable court, may we proceed your honor?

JUDGE: PROCEED.

ATTY.: FACTS 1,2,3…

ATTY.: WITH THAT YOUR HONOR. THE PLAINTIFFS RESPECTFULLY

PROPOSED SUCH FACTS.

JUDGE: COMMENTS FROM THE DEFENSE? ANY ADMISSION FROM THE

PROPOSED FACTS

ATTY. DEFENDANT: (DEPENDE NA SA ADMISSIONS NILA – ISA ISA DAPAT

ANG PAG ADMIT AND DENY)(PLEASE SEE PRE-TRIAL BRIEF)

ATTY. DEFENDANT: THAT IS ALL YOUR HONOR..(PWEDE PAG MAG ADD

DEPENDE)
JUDGE: DEFENDANT, WOULD YOU LIKE TO PROPOSED SOME FACTS?

ATTY. DEFENDANT: YES YOUR HONOR. (NONE/NO YOUR HONOR)(DEPENDE SA

PRE-TRIAL BRIEF)

JUDGE: PLEASE TAKE NOTE... BLA BLA

COC: NOTED YOUR HONOR

FACTUAL AND LEGAL ISSUES

JUDGE: WE WILL NOW PROCEED TO THE DETERMINATION AND PRESENTATION

OF THE FACTUAL AND LEGAL ISSUES OF THE CASE. PLAINTIFF’S COUNSEL
PROCEED

ATTY.: thank you your honor

ATTY.: Plaintiff respectfully submits the following issues:

A. Whether or not the Defendants should be evicted from the

Subject Premises and the plaintiffs may recover physical
possession thereof;

B. Whether or not the defendant is liable to pay interest by

way of damages for their failure to pay the rentals due
for the use of the subject premises which deprived the
plaintiff of the enjoyment thereof

ATTY.: submitted to be tried or resolved by this Honorable

Court, your honor.

JUDGE: COMMENTS FROM THE DEFENDANT?

ATTY. D: DEPENDE…

DOCUMENTARY EVIDENCES

JUDGE: THIS COURT SHALL PROCEED WITH THE MARKING OF THE

RESPECTIVE EVIDENCES OF BOTH PARTIES. PLAINTIFF, PRESENT YOUR
EVIDENCES.

ATTY. P: THANK YOU YOUR HONOR.

ATTY.P: we present a copy of the Certificate of title of the

subject lot, your honor. This is to prove that the Plaintiffs
are the real owners of the lot. Your honor we pray that the
Certificate of title be marked as exhibit “A”

COC: THE PROSECUTION SUBMITTED AND PRAYED THAT THE FOLLOWING BE

MARKED AS EVIDENCES TO BE MARKED AS EXHIBIT A.

JUDGE: MARK IT!

ATTY.P: we also present a copy of the Tax Decaration duly

assesed by the City Assessor of Zamboanga City. This is another
proof that the Plaintiffs are the owners of the lot and that
they are the one named in the tax declarations. Your honor we
pray that the Tax Declaration be marked as exhibit “B”

COC: THE PROSECUTION SUBMITTED AND PRAYED THAT THE FOLLOWING BE

MARKED AS EVIDENCES TO BE MARKED AS EXHIBIT B.

JUDGE: MARK IT.

-------SAME. SAME. SAME.

ATTY.P: THE PLAINTIFF COMPLETELY SUBMITS THE EXHIBITS TO

PRESENTED DURING THE TRIAL YOUR HONOR.

JUDGE: DEFENSE COUNSEL, DO YOU ACCEPT THE AUTHENTICITY OF THE

DOCUMENTS PRESENTED TO BE MARKED AS EXHIBITS FOR THE PLAINTIFF?

ATTY. D: YES YOUR HONOR.

JUDGE: HAVING NO OPPOSITION OR OBJECTION ON THE SUBMITTED

DOCUMENTS LET THE DOCUMENTS BE MARKED.

COC: NOTED YOUR HONOR.

JUDGE: DEFENSE COUNSEL, PRESENT YOUR EVIDENCES.

ATTY. D: SAME.SAME.SAME.

WITNESSES

JUDGE: WE WILL NOW PROCEED WITH THE SUBMISSION OF THE LIST OF

WITNESSES. PLAINTIFF WOULD YOU LIKE TO ASCERTAIN THE WITNESSES
TO BE PRESENTED?

ATTY. P: YES YOUR HONOR. Plaintiffs will submit THEIR affidavit

to prove the allegations of the Complaint. Barangay Captain
Philips will corroborate the testimony of the plaintiffs,
especially on the barangay conferences held before the lupon and
the spouses De Lima, neighbors of the plaintiff will also
corroborate the testimony of the plaintiff. That’s all your
honor.

JUDGE: WHAT ABOUT FOR THE DEFENSE?

ATTY. D: DEPENDE..(PRE-TRIAL BRIEF)

JUDGE: WITNESSES OF BOTH PARTIES ARE THEN ACKNOWLEDGED BY THIS

COURT. PLEASE PUT ON RECORD THE LIST AS SUBMITTED BY BOTH
PARTIES.

COC: NOTED YOUR HONOR.

APPLICABLE LAW AND JURISPRUDENCE

JUDGE: PLAINTIFF WOULD YOU LIKE TO INDICATE THE APPLICABLE LAWS

AND JURISPRUDENCE FOR THE MATTER AT HAND?

ATTY.P : (SEE PRE-TRIAL BRIEF)

JUDGE: DEFENDANT?

ATTY. D: (SEE PRE-TRIAL BRIEF)

OTHER MATTERS

JUDGE: ARE THERE ANY MATTERS WOULD YOU LIKE TO RAISE TO EXPEDITE
THE MATTER AT HAND? PLAINTIFF?

ATTY.P: NONE YOUR HONOR. (DEPENDE)

JUDGE: HOW ABOUT THE DEFENDANT?

ATTY.D: NONE YOUR HONOR. (DEPENDE)

CLOSING

JUDGE: With both parties having presented and the submission of

both parties of their respective evidences to be marked as
exhibits and along with their respective list of witnesses, pre-
trial is therefore ended, the case is now deemed submitted for
TRIAL. We shall have our trial proper on MARCH 22, 2017. Are
both parties amenable to this date?

ATTY.P: YES YOUR HONOR.

ATTY.D: YES YOUR HONOR.

JUDGE: THEREFORE THE TRIAL IS SET TO THIS DATE. SO ORDERED.

*GAVEL STRIKE*

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