REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 18, Manila

ESTATE OF ELPEDIA GAILO GAITAN

Represented by its Court-Appointed
Administrator, LORENA C. GALLARDO
Plaintiff/s,

- versus - CIVIL CASE NO. M-12345678

For: UNLAWFUL DETAINER

EDISON E. GANDO,
Defendant/s.
x -----------------------------------------------x

PRE-TRIAL BRIEF
COMES NOW, Plaintiff, by counsel, in deference to the Notice of Pre-Trial
dated September 25, 2018, copy of which was received last September 30, 2018
respectfully submits herein pre-trial brief, to wit:

A. Statement of the willingness of the parties to enter into agreements that

may be allowed by law, indicating its terms

1. Plaintiff is open to settling this dispute amicably, subject to a concrete

proposal that is fair, just and reasonable and a reciprocal manifestation of
openness from Defendant.

2. Pursuant to the rule 18 of the 1997 Rules of Civil Procedure, Plaintiff

respectfully submits that the desired terms of any amicable settlement
would involve, first, an ADMISSION that there was a family living in the
second floor of the leased commercial space - in contravention of the lease
contract; second, that the businesses of Defendant have violated laws which

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 is one of the grounds for the termination of the contract; and lastly, for the
Defendant to vacate the leased premises.

B. Summary of Admitted Facts and Proposed Stipulation Of Facts

ADMITTED FACTS AND DOCUMENTS

Plaintiff intends to present the following, to wit:

1. The Plaintiff admits the personal circumstances of the defendant EDISON

E. GANDO.

2. The Plaintiff admits fact that there was a Contract of Lease.

3. The Plaintiff admits that the Contract of Lease was entered into by
Defendant and former Administrator of the Estate of Elpedia Gailo Gaitan.

PROPOSED STIPULATION OF FACTS

Plaintiff invites defendant to stipulate on the following facts and evidence:

1. That the Plaintiff is the owner of the Elpedia Building, situated at

456 Magallanes Street, Intramuros, Manila;

2. That one commercial unit thereon with an area of One Hundred

Fifty Square Meters - comprises of the first and the second floor - was
leased to Edison E. Gando under a Contract of Lease;

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 3. That under such contract of lease, it provides for the exclusive use
of the unit for commercial purposes. Likewise, it provides that failure
to comply with government regulations shall be an additional ground
for the termination of the contract.

4. That a family is found to be living on the 2nd floor of the leased

premises;

5. That the businesses of Edison E. Gando operated in the leased

premises was found to have several violations based on the inspection
from the Business Permits & License Office (BPLO) of Quezon City;

6. That the Contract of Lease was preterminated due to the violations

in the Contract of Lease;

7. That a Termination of Contract and a Notice to Vacate was sent to

Defendant.

9. That Defendant refuses to vacate the leased premises.

C. Issues For Trial

Plaintiff respectfully submits the following issues for trial and resolution:

1. Whether or not the Defendant violated the terms of the Contract of Lease?

2. Whether or not the Defendant is liable for Unlawful Detainer for refusing to
leave the Premises after termination of lease.

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 3. Whether or not Plaintiff is liable to Defendant for the claims made in his
Counterclaim.

D. Plaintiff's Documentary Evidence

Plaintiff respectfully manifests that it intends to likewise present all the

documents attached as Annexes of the Complaint, as its evidence, to wit:

Exhibit A - Letters of Administration (Annex A of the Complaint)

Purpose: to prove Lorena C. Gallardo’s authority to file action in behalf of the

Estate of Elpedia Gailo Gaitan;

Exhibit B - Contract of Lease (Annex B of the Complaint)

Purpose: to prove adherence to the agreements/stipulations of the parties as to the
rental of commercial unit of the Elpedia Building;

Exhibit C, C-1, C-2 and C-3 - Photos of Gasul products (Annex C, C-1, C-2 and
C-3 of the Complaint)

Purpose: to prove that there were excessive amount of gasul products stored in
the commercial unit rented by defendant;

Exhibit D - Notice of Termination (Annex D of the Complaint)

Purpose: to prove that the contract of lease was terminated thereby the Defendant
has no right to occupy the said property;

Exhibit E - Complaint in the Barangay dated October 24, 2017

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Purpose: to prove that plaintiff tried to settle the issue on the residential use of the
second floor of the leased premises in contravention of the contract of lease;

Exhibit F - Certificate to File Action (Annex E of the Complaint)

Purpose: to prove that Plaintiff tried to settle the issue on the residential use of the
second floor of the lease premises in contravention of the contract of lease but not
to avail;

Exhibit G - Affidavit of Erna Barrios

Purpose: to prove that the second floor of the leased premises is being used as a
residential unit.

Exhibit H – Affidavit of Johnny Calvo

Purpose: to prove that the second floor of the leased premises is being used as a
residential unit.

Exhibit I - Affidavit of Juan Castro

Purpose: to prove that the second floor of the leased premises is being used as a
residential unit.

Exhibit J - Letter addressed to Edison E. Gando dated May 27,2017

Purpose: to prove that Defendant was advised to relocate the family living in the
leased premises.

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Exhibit K, K-1 and K-2 - Notice of Violations from BPLO

Purpose: to prove that the Defendant failed to comply with government

regulations - which is a ground for the termination of the Contract of Lease.

However, Plaintiff reserves the right to present additional documentary evidence

in the course of the proceedings as may be warranted, but subject to the discretion
of the Honorable Court.

E. Modes of Discovery

Plaintiff respectfully manifests that it has no intention at this time to avail of any
discovery procedure; however, it intends to avail of such procedures as may be
warranted in the course of the proceedings.

F. Witnesses

Plaintiff will present as witness the following:

1. Lorena C. Gallardo

2. Erna Barrios

3. John Calvo

4. Juan Castro

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 However, Plaintiff reserves the right to present other witnesses as the need for
their testimony may arise in the course of the trial.

G. Trail Dates

Subject to the availability of the calendar of this Honorable Court and the
adverse counsel, trial dates may be agreed upon during the pre-trial conference.

RESPECTFULLY SUBMITTED.

Manila, October 5, 2018.

CASTILLANO LAW OFFICES
Counsel for the Plaintiff/s
G/F Rufino Bldg.
117 Magallanes Street
, Intramuros, Manila

By:

ATTY. ETHAN C. GALLIANO

Roll of Attorneys No. 456700
PTR No. 98765, 1-19-18, Manila
IBP (lifetime)No. 87645, Manila
MCLEComp.No:54376,03-19-18

Copy Furnished:

CREVILLO LAW OFFICE

Counsel for Defendant
2nd floor, Crevillo Building
331 Adamson St., Malate, Manila