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    Aileen Gaviola
    This pre-trial brief was submitted by the defendants Spouses Glenn and Lorna Banzuela in a civil case filed against them. The brief admits certain facts such as the parties involved in the previous case before the Municipal Circuit Trial Court of Sto. Domingo and the judgment issued in favor of the Banzuelas. It also notes that the plaintiff Salve Albello and her lawyers did not inform the court of the death of her husband or file a motion to substitute his heirs during the previous case. The brief raises issues on whether the previous judgment can be annulled without substituting the deceased husband's heirs. It lists applicable laws and intended witnesses. The defendants expressed willingness to avail of discovery procedures.

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    For Defendant

    Uploaded by

    Aileen Gaviola
    148 views6 pages
    This pre-trial brief was submitted by the defendants Spouses Glenn and Lorna Banzuela in a civil case filed against them. The brief admits certain facts such as the parties involved in the previous case before the Municipal Circuit Trial Court of Sto. Domingo and the judgment issued in favor of the Banzuelas. It also notes that the plaintiff Salve Albello and her lawyers did not inform the court of the death of her husband or file a motion to substitute his heirs during the previous case. The brief raises issues on whether the previous judgment can be annulled without substituting the deceased husband's heirs. It lists applicable laws and intended witnesses. The defendants expressed willingness to avail of discovery procedures.

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    This pre-trial brief was submitted by the defendants Spouses Glenn and Lorna Banzuela in a civil case filed against them. The brief admits certain facts such as the parties involved in the previous case before the Municipal Circuit Trial Court of Sto. Domingo and the judgment issued in favor of the Banzuelas. It also notes that the plaintiff Salve Albello and her lawyers did not inform the court of the death of her husband or file a motion to substitute his heirs during the previous case. The brief raises issues on whether the previous judgment can be annulled without substituting the deceased husband's heirs. It lists applicable laws and intended witnesses. The defendants expressed willingness to avail of discovery procedures.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    148 views6 pages

    For Defendant

    Uploaded by

    Aileen Gaviola
    This pre-trial brief was submitted by the defendants Spouses Glenn and Lorna Banzuela in a civil case filed against them. The brief admits certain facts such as the parties involved in the previous case before the Municipal Circuit Trial Court of Sto. Domingo and the judgment issued in favor of the Banzuelas. It also notes that the plaintiff Salve Albello and her lawyers did not inform the court of the death of her husband or file a motion to substitute his heirs during the previous case. The brief raises issues on whether the previous judgment can be annulled without substituting the deceased husband's heirs. It lists applicable laws and intended witnesses. The defendants expressed willingness to avail of discovery procedures.

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    You are on page 1of 6

    Republic of the Philippines

    REGIONAL TRIAL COURT


    Fifth Judicial Region
    Branch I
    Legazpi City
    SALVE P. ALBELLO, ROMMEL P.
    ALBELLO,
    RUTZELLE
    P.
    ALBELLO-JOAQUIN,
    RONALDO
    P.
    ALBELLO,
    REYNARD
    P.
    ALBELLO,
    ROWIZZA
    P.
    ALBELLO, REIGRED P. ALBELLO,
    & RODEL P. ALBELLO
    Plaintiffs,
    -versus-

    CIVIL CASE NO. 11213


    For: Annulment of Judgment
    Temporary
    Restraining
    Order
    and
    Preliminary
    Injunction

    MUNICIPAL
    CIRCUIT
    TRIAL
    COURT OF STO. DOMINGO AND
    MANITO NOW PRESIDED BY
    THE HON. CARLOS L. BONA,
    SPS.
    GLENN
    AND
    LORNA
    BANZUELA
    Defendants.
    x ------------------------------------------------------x
    PRE-TRIAL BRIEF FOR DEFENDANTS
    The private-defendants Spouses Glenn and Lorna
    Banzuela through the undersigned counsel and unto this
    Honorable Court, respectfully submit this Pre-Trial Brief:

    A A statement of willingness to enter into an


    amicable settlement, etc.
    The defendants are willing to enter into an amicable
    settlement based on reasonable terms and conditions
    mutually acceptable to the parties.

    Page 1 of 6

    B Summary of Admitted Facts and Proposed


    Stipulation of Facts:
    B-1 ADMITTED FACTS
    1. The parties to the case in Civil Case No. S-269, For:
    Quieting of Title, etc. before MCTC Sto. Domingo,
    Alba, were Sps. Glenn A. Banzuela and Lorna A.
    Banzuela as plaintiffs against
    Salve Albello,
    Saturnino and Visitacion Balderama, Ignacio Banea
    and Venus Balean as defendants;
    2. Salve Albello was married to Wilfredo Albello;
    3. The Decision of MCTC Sto. Domingo, Albay, dated
    September 6, 2013 in favor of Sps. Banzuela and
    against Salve Albello;
    4. Salve Albello did not file a Notice of Death during the
    entire proceedings of the case at MCTC Sto.
    Domingo, Albay, in Civil Case No. S-269, For: Quieting
    of Title;
    5. Salve Albellos two (2) counsels, Atty. Bien and Atty.
    Raeses, did not file a Motion for Substitution of
    Parties during the entire proceedings of the case at
    MCTC Sto. Domingo despite their active participation
    in the case;
    6. Salve Albello did not Appeal the Decision of MCTC
    Sto. Domingo, Albay in Civil Case No. S-269, For:
    Quieting of Title to the Regional Trial Court of Legazpi
    within the reglementary period;
    7. Salve Albello did not file Motion for New Trial in the
    Sto. Domingo case.
    8. Salve Albello thru her lawyer filed a Motion for
    Reconsideration to the MCTC Sto. Doming, Albay in
    Civil Case No. S-269, For; Quieting of Title but failed
    to inform the court of the death of her husband as
    required under Sec. 16, Rule 3 of the Rules of
    Court;
    9. Atty. Irene J. Rejuso-Bien and Atty. Amore Rex B.
    Raeses, the collaborating counsels of Salve Albello
    did not inform the court within 30 days after the
    Page 2 of 6

    death of Salve Albellos husband for the purpose of


    giving the names addresses of Salve Albellos legal
    representatives/heirs as required under Sec. 16, Rule
    3 of the Rules of Court.
    10. Rafael Banzuela, the wife of Rosario Banzuela, did
    not sign the Deed of Absolute Sale in favor of Salve
    Albello (Annex D of the Complaint) dated April 10,
    1988 of a portion of the property in question with an
    area of 2,929 sq. m for P10,000;
    B-2 PROPOSALS FOR ADMISSION
    Will Plaintiffs admit that:
    1. During the entire proceedings of the case in MCTC
    Sto. Domingo, Albay, docketed as Civil Case No. S-269, for
    Quieting of Title, Salve Albello and her counsels did not give
    a Notice of Death to the court and neither they filed a Motion
    for Substitution of Parties for the purpose of substitution of
    heirs to the deceased husband of Salve Albello?;

    C - ISSUES
    1. Whether or not the Decision of MCTC Sto.
    Domingo, Albay can be annulled without Salve
    Albellos deceased husband, Wilfredo Albello
    having been substituted by the heirs for failure
    of Salve Albello and her counsels to notify the
    court of the death of Wilfredo Albello or filed a
    Motion for Substitution of Parties as required in
    Sec. 16, Rule 3 of Rules of Court.
    2. Whether or not the Decision of MCTC Sto.
    Domingo is binding upon the successors-ininterest of the late Wilfredo Albello in the
    absence of the Notice of Death having been
    given by Salve Albello and her counsels to the
    court pursuant to the case of Regoso v. Court of
    Appeals, G.R. No. 91879, July 6, 1992, 211 SCRA
    348 and in the case of Florendo, et. al. versus
    Coloma, et al., 129 SCRA 304;
    D - DOCUMENTARY EXHIBITS
    EXHIBIT 1 MOTION TO LIFT ORDER OF DEAULT
    AND TO ADMIT ANSWER dated January 10, 2013 by Atty.
    Page 3 of 6

    Amore Rex B. Raeses, counsel of Salve Albello in the Sto.


    Domingo case;
    EXHIBIT 2 COURT ORDER of MCTC Sto. Domingo
    dated November 14, 2012, declaring Salve Albello et al in
    default;
    EXHIBIT 3 ORDER of MCTC Sto. Domingo dated
    February 11, 2013 denying the Motion to Lift Order of Default
    and to Admit Answer;
    EXHIBIT 4 DECISION of MCTC Sto. Domingo,
    Albay, dated September 6, 2013, in favor of Sps. Banzuela
    and against Salve Albello, et. al.;
    EXHIBIT 4-A

    Dispositive portion of the Decision;

    PURPOSES: To prove that:


    1. The Decision is valid and binding upon the
    successors-in-interest for failure of Salve Albello to inform
    the court of the Notice of Death of her husband and of her
    counsels to file a Motion for Substitution of Parties pursuant
    to Rule 3, Section 16 of the Rules of Court and also in
    accordance with the decision of the Supreme Court in
    Regoso vs. Court of Appeals, G.R. No. 91879, July 6, 1992,
    211 SCRA 348 and Florendo, et. al. vs. Coloma, et. al., 129
    SCRA 304;
    2. MCTC Sto. Domingo, Albay, cannot be faulted for
    proceeding to render judgment without ordering the
    substitution of parties for failure of Salve Albello and her
    counsels to inform the court of the death of Wilfredo Albello
    for the reason that the rules operate on the presumption that
    the attorney for the deceased party is in a better position
    than the attorney for the adverse party to know about the
    death of her client and to inform the court of the names and
    addresses of his legal representatives, applying the case of
    Regoso vs. Court of Appeals, 211 SCRA 348 and Florendo et.
    al. vs. Coloma,a et al., 129 SCRA 304;
    EXHIBIT 5
    MOTION
    FOR
    RECONSIDERATION dated November 15, 2013, of the
    Courts Decision;
    EXHIBIT 6 COURT ORDER dated December 9,
    2013, of MCTC Sto. Domingo denying the Motion for
    Reconsideration;
    Page 4 of 6

    PURPOSES OF EXHIBITS 1; 2; 3 5 and 6 - To


    prove that:
    1. Salve Albello and her counsels actively participated
    in the proceedings of the case before MCTC Sto. Domingo,
    Albay, and despite of their participation, they never complied
    with their obligation under Sec. 16, Rule 3 of the Rules of
    Court which is to give Notice of Death to the Court or to file
    a Motion for Substitution of Parties for the purpose of
    identifying the heirs of the deceased husband of Salve
    Albello;
    E - A manifestation of their having availed or their
    intention to avail themselves of discovery procedures
    or referral to commissioners.
    Defendants are willing to avail of discovery procedures
    or referral to commissioners.
    F - APPLICABLE LAWS
    1. Rule 3, Section 16, Rules of Court;
    2. Regoso v. Court of Appeals; G.R No. 91879, July 6,
    1992, 211 SCRA 348;
    3. Florendo, et.al. v. Coloma, et.al., 129 SCRA 304.
    G WITNESSES
    1. Glenn Banzuela;
    2. The Clerk of MCTC Sto. Domingo, Albay;
    3. Two (2) reserved witnesses.
    Each witness will take about 30 minutes to testify.
    PRAYER
    WHEREFORE, it is respectfully prayed of this
    Honorable Court that the foregoing Pre-Trial Brief be
    admitted for purposes of the pre-trial conference.
    Such other reliefs and remedies as may be deemed just
    and equitable under the premises are likewise prayed for.
    Respectfully submitted.
    Legazpi City, January 21, 2015.
    Page 5 of 6

    MONTEFALCO LAW OFFICE


    Rm.203, 2nd Floor, RCY Building,
    Albay District, Legazpi City
    CP No. 0929-6627515
    Tel. #(052) 481-3375

    By:

    RAGE JOSEF E. MONTEFALCO,


    JR.

    ROA No. 29563


    MCLE Comp. No. IV-0009575; 11-20-12
    IBP No. 953870; 12-04-14; Leg. City
    PTR No. 4675363-I; 1-06-15; Leg. City
    Email add: [email protected]

    Copy Furnished:
    Received by:
    ATTY. IRENE J. REJUSO-BIEN
    Rm. 205, Los Baos Bldg.,
    Pearanda St., Legazpi City

    __________________________
    Signature over Printed Name

    Date: ______________

    Page 6 of 6

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