Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
La Trinidad, Benguet
Branch 63

IN RE: PETITION FOR ORIGINAL

REGISTRATION OF A PARCEL
OF LAND
Land Registration Case No.
123456
For: Original Registration

JUAN D. CRUZ,
Petitioner,
x ------------------------------------------------ x
PRE-TRIAL BRIEF FOR PETITIONER

Petitioner, through undersigned counsel and unto this

Honorable Court most respectfully submits this Pre-Trial Brief.

I. WILLINGNESS TO ENTER INTO AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENTS

The Petitioner is not willing to enter into any amicable

settlement or any compromise with the Republic.

II. STIPULATION OF FACTS

Petitioner proposes the following stipulations for admission:
1. That Juan D. Cruz occupied the land in JC 456 Central Pico, La
Trinidad on 1979;
2. That he had been occupying the land for 40 years now;
3. That he was 30 years old when he started occupying the land;
4. That the subject land before was filled with grass and it was
bounded by several houses;
5. That when he started occupying the land he cleared the
grasses and built a small hut;
6. That he employed the services of a professional to survey the
land to determine the land's metes and bounds;
7. That the subject land he had been occupying had no lawful
owner as evidenced by the records kept in the Registry of

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 Deeds of La Trinidad;
8. That aside from inquiring in the Registry of Deeds he also
asked the neighboring houses and some barangay officials
regarding the land and they said that no one had been
occupying the land;
9. That he also went to the Ministry of Natural Resources in La
Trinidad to inquire whether the land is alienable and disposable
and the Ministry personnel sad that such land is alienable and
disposable as evidenced by a certification signed by the
Ministry of Natural Resources Secretary Jose Leido, Jr.
10. That he also learned that a Proclamation No. 2247 issued
by President Marcos on 1982 declared that some portion of La
Trinidad including his subject land as alienable and disposable
and such are no longer needed for public service or the
development of national wealth;
11. That during his 40 years occupying the land no one has
claim ownership;
12. That his occupation had not been interrupted by the
government;
13. That he had been introducing improvements thereon by
building a house;
14. That he had been consistent in paying the real property
taxes on the land as evidenced by the copies of receipts of the
real property taxes;
15. That Juan D. Cruz is the owner in fee simple of a certain
parcel of land together with the buildings and improvements
thereon as evidenced by a tax declaration, consistent payment
of real property tax, and other manifestation of open,
continuous, exclusive and notorious possession and occupation
of the land since 1979.
16. That Juan D. Cruz obtained the title on said property by
virtue of prescription as evidenced by documents stating that
the land is alienable and disposable and that it is no longer
needed for public service or the development of national
wealth.

III. DOCUMENTARY EVIDENCE

1. The true copy of the original or tracing plan attested and certified
correct by the Regional Technical Director or his duly authorized
official;
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 Purpose: To identify the metes and bounds of the land
2. Blue print copy of the plan;
Purpose: To show an exact copy of the detailed outline of the land
3. The technical description of the land;
Purpose: To determine the exact location of the land. And for
specific purposes such as right of way, draining servitude,
encroachment servitude, agricultural zoning, sale, etc.
4. Tax Declaration;
Purpose: To show proof that the holder has a claim of title over the
property and serve as sufficient basis for inferring possession
5. Ministry of Natural Resources (MNR) Certification that the land is
Alienable and Disposable together with MNR Order No. 10, Series
of 1979;
Purpose: To classify that the land is alienable and disposable and
may be subject of acquisition
6. Certified true copy of Presidential Proclamation 2247, Series of
1982;
Purpose: To have a legal basis in supporting a claim that the land
is alienable and disposable and that it is no longer needed for
public service or the development of national wealth
7. Certification of the Registry of Deeds;
Purpose: To determine if there is a legal owner of the land in the
record of the Registry of Deeds;
8. Certification issued by the Municipal Treasurer
Purpose: To present evidence that the real property taxes is paid
annually;
9. Receipt for the payment of Real Property Tax (2019)
Purpose: To prove that the Petitioner had paid the most recent
real property tax over the land;
10. Certificate of Publication and Mailing issued by the LRA
Purpose: To prove that the Notice of Initial Hearing has been
published in the Official Gazette as well as in a newspaper of
general circulation and mailed to the proper authorities;
11. Certificate of Posting
Purpose: To prove that the Notice of Initial Hearing has been
posted in three conspicuous places;
12. Copy of the SunStar Newspaper bearing the publication of the
Notice of Initial Hearing
Purpose: To prove that the Notice of Initial Hearing has been
published in a newspaper of general circulation in compliance with
the publication requirement under PD 1529;
13. Photographs of the land and improvement
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 Purpose: To show the land and its surroundings as well as the
improvement built by Mr. Juan D. Cruz;
14. Transfer Certificate of Title under the name of Pedro Rivera
Purpose: To prove that the land of Pedro Rivera, a neighbor of the
Petitioner, has been covered by a Title and under private
ownership. To also prove that the land adjacent to the Petitioner is
not a forest land.
15. Permit to Operate of Juan D. Cruz
Purpose: To prove that Petitioner Juan D. Cruz engaged in trading
vegetables as his occupation.
16. Transfer Certificate of Title under the name of Flor Reyes
Purpose: To prove that the land of Flor Reyes, a neighbor of the
Petitioner, has been covered by a Title and under private
ownership. To also prove that the land adjacent to the Petitioner is
not a forest land.
17. Permit to Operate of Flor M. Reyes
Purpose: To prove that Flor M. Reyes, a neighbor of the Petitioner,
is engaged in trading vegetables as her occupation.
18. Certificate of Registration of Juan D. Cruz
Purpose: To prove that Juan D. Cruz’s business or livelihood is
registered with the BIR
19. Certificate of Registration of Flor M. Reyes
Purpose: To prove that Flor M. Reyes’ business or livelihood is
registered with the BIR

IV. TESTIMONIAL EVIDENCE

1. The petitioner himself - to testify regarding his ownership of the
parcel of land which he acquired by prescription
2. Pedro Rivera - to prove that the petitioner is the lawful occupant of
the parcel of land since 1979
3. Engineer Canuto P. Calatan – to prove that the exact location and
boundaries of the land and to prove that the land of Mr. Juan D.
Cruz is one of those lands described in MNR Order No. 10 and
Proclamation 2247 declared as alienable and disposable and that
it is no longer needed for public service or the development of
national wealth

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 4. Flor Reyes – to prove that the petitioner is the lawful occupant of
the subject land in the concept of an owner and that she and
Petitioner are engaged in trading vegetables

V. ISSUES

Factual Issues:
1. Whether the land is a patrimonial property of the State that can be
acquired through prescription
2. Whether the petitioner acquired the land through prescription

Legal Issue:
1. Whether the title of the petitioner can be register under the
Property Registration Decree

VI. TRIAL DATES

The Petitioner prays for 5 trial dates to prove his case against
the petitioner. It is also respectfully requested that the trial dates be
set during the pre-trial conference to dates most convenient to this
Honorable Court and to all the parties.

PRAYER

WHEREFORE, premises duly considered, it is respectfully

prayed unto this Honorable Court that the foregoing Pre-Trial Brief be
noted and considered.

Other reliefs just and equitable under the circumstances are

likewise prayed for.

La Trinidad, Benguet, Philippines, 2 September 2019.

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 ATTY. JESSALAINE KAREN T.
BALNEG
Counsel for Petitioner
PTR No. 4873562/ La Trinidad/12-13-15
Roll of Atty. No. 80012
IBP O.R No. 023679 Baguio City
MCLE No. 111-789104, 06-26-2019
09269013442

ATTY. STEPHANIE MAE B. DOMINGO

Counsel for the Petitioner
PTR No. 3875421/La Trinidad/1-9-17
Roll of Atty. No. 79901
IBP O.R. No. 032118 Baguio Benguet
MCLE No. III-123456, 12-20-2019
C.P. No. 09205769682

Copy furnished thru personal service:

ATTY. ARIES DE LUNA

Office of the Solicitor General
Manila, Philippines

ATTY. PATRICK ALLAN ESDIO

Office of the Solicitor General
Manila, Philippines

CLERK OF COURT
RTC Branch 63

REGISTRY OF DEEDS
La Trinidad, Benguet

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