Professional Documents
Culture Documents
-versus-
CYNTHIA BANGUILAN ANSAN,
LOURDES Z. LABIAN, HEIRS
OF RAMON ZIPAGAN,
Represented by MARIFI MAGNO
and HEIRS OF LUDIVINA Z.
GUARIÑO Represented by
SANTOS GUARIÑO,
Defendants.
X -------------------------------------------------X
PRE-TRIAL BRIEF
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1. Defendant Cynthia Banguilan Ansan acquired lawful ownership of
the 2, 408 square meters of land through sale as evidenced by A
Deed of Adjudication with portion Sale;
2. The property bought by defendant represents the pro-indiviso
shares of said legal heirs of Renato R. Zipagan, who died without any
will or testament;
3. After the consummation of the sale to the defendant, she
immediately occupied and took possession of the subject property
through tenants, namely Paula Buraga and Juanito Buraga;
4. The said tenants in turn, deliver the “tercia” or proceeds to the
defendant;
5. The property was fenced and was introduced with improvements by
the defendant without any opposition from the plaintiff or from
anyone;
6. She has declared the same property under her name for tax purposes
and has been paying religiously the corresponding realty tax
thereon;
7. The fact of sale was known not only to the plaintiff and the heirs but
also by the general public;
8. The plaintiff and Ceferino Zipagan knew that the respective shares of
their co-heirs were sold to the defendant;
9. After learning the fraudulent title of the plaintiff, the heirs
particularly Ceferino Zipagan, opposed the same by annotating an
adverse claim at the back of the transfer certificate of title of the
plaintiff;
10. Plaintiff never set foot to the property sold to the defendant.
LEGAL ISSUES
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4. ANNEXES “4”, “5” and “6”- Tax Declaration, Certification and
Tax Receipts, respectively –to prove that defendant has tried to
effectuate the transfer of title in her name after the sale and to prove
further that she already took possession of the lot sold;
APPLICABLE LAWS
1. ______________
2. ______________
3. ______________
WITNESSES
PRAYER
Other reliefs, which are just and equitable are likewise prayed for.
By:
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Copy furnished: