Republic of the Philippines
Republic of the Philippines
Second Judicial Region
REGIONAL TRIAL COURT
Tuguegarao City, Cagayan
Branch 03
CLARA AGUSTIN,
Civil Case No. 7262
Plaintiff,
For: Recovery of Attorneys
Fee and Damages
-versus-
GEORGE M. CARAG and
ALEXANDRA M. CARAG,
Defendants.
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PLAINTIFFS PRE-TRIAL BRIEFA. POSSIBILITY OF AMICABLE
SETTLEMENT
The Plaintiff proposes for settlement that Defendants shall
convey in her favor FOUR HUNDRED (400) sq. m. of the disputed lots
which form part of the attorneys fee of Atty. SIMEON T. AGUSTIN
specifically to include that portion upon which she constructed a
permanent structure waiving all other monetary claims.
B. ADMITTED FACTS1. Identity of the parties
2. Identity of the subject lots
3. Existence and due execution of the Contract for Attorneys Fee
of Counsel
PROPOSALS FOR ADMISSION1. Atty. Simeon T. Agustin filed two
civil cases for the Defendants, Civil Case No. 5367 for Partition
and Civil Case No. 6076 against the CSU;
2. In Civil Case No. 5367, as part of the Compromise Agreement,
three parcels of lot were awarded to Defendants, TCT Nos.
T-132565,132650 and 132070;
3. Defendants sold that property covered by TCT No. T-132565 in
the amount of ONE MILLION FIVE HUNDRED THOUSAND PESOS
(PhP1,500,000.00).
4. Defendants failed to deliver the additional 10% attorneys fee
as agreed upon in the Contract for Attorneys Fee;
C. ISSUES1. Whether or not the Contract for Attorneys Fee of
Counsel is a valid and legally binding contract?
2. Whether or not deceased Atty. Simeon T. Agustin is entitled
to additional 10% attorneys fee as per Contract for Attorneys
Fee?3. Whether or not Plaintiff is entitled to damages?
D. EXHIBITS1. Contract for Attorneys Fee of Counsel
-to prove Defendants engaged the services of the late Atty.
Simeon T. Agustin to file two cases;
-to prove the attorneys fee of Atty. Simeon Agustin
2. Complaint in Civil Case No. 5367 for Judicial Partition
-to prove the filing of the said complaint pursuant to the
engagement contract.
3. Complaint in Civil Case No. 6076-to prove the filing of the
said complaint pursuant to the engagement contract;
-to prove George Carag was aware of the filing of the
complaint.
4. Decision in Civil Case No. 5367
-to prove the Honorable Court, RTC, Branch 05 rendered a
decision based on Compromise Agreement in Civil Case No. 5637;
-to prove the Defendants were awarded three parcels of land, TCT
Nos. T-132565, 132650, 132070.
5. TCT No. T-132565- to prove the landholding was registered in
the name of the heirs of Pedro Carag who are the Defendants in this
case6. TCT No. T-132650
- to prove the landholding was registered in the name of the
heirs of Pedro Carag who are the Defendants in this case
7. TCT No. T-132070
- to prove the landholding was registered in the name of the
heirs of Pedro Carag who are the Defendants in this case
8. Deed of Absolute Sale dated 23 September 2008 covering that
parcel of land covered by TCT No. T-132565.
-to prove the sale in the amount of ONE MILLION FIVE HUNDRED
THOUSAND PESOS (PhP1,500,000.00).
9. TCT No. 168681-to prove JODARIUS SALVA is the new owner of
lot 2-D-2 of the subdivision plan, Psd-(af)-02-025338;
-to prove this lot was among those awarded to Defendants by
virtue of the Decision in Civil Case No. 5637.
10. Demand Letter dated 11 February 2008-to prove Plaintiff
through counsel sent the demand letter to Defendants to exact
payment of the 10% additional attorneys fee of Atty. Simeon T.
Agustin.
11. Adverse Claim duly annotated at the back of TCT Nos.
T-132565, 132650, and 132070; to prove Plaintiff caused the
annotation of Adverse Claim on the subject titles12. Receipt dated
29 August 1998
-to prove Atty. Simeon T. Agustin received from George Carag the
amount of THIRTEEN THOUSAND FIVE HUNDRED (PhP13,500.00) as expenses
for filing of the two civil cases (partition and against CSU) in
the RTC, Tuguegarao City, Cagayan.
13. Telegram for Transmission dated 18 December 1998
-to rove Atty. Simeon T. Agustin regularly communicates with
Defendants in relation to the cases filed for them.
14. Receipt for Telegram-to prove Atty. Simeon T. Agustin sent a
letter dated 18 December 1998 to GEORGE CARAG through the
TELOF.
15. Affidavit of Atty. Simeon T. Agustin
-to prove that Atty. Agustin wanted to claim his additional 10%
attorneys fee.16. Contract for Legal Services-to prove Plaintiff
engaged the services of counsel for a fee to pursue the recovery of
10% additional attorneys fee of Atty. Simeon T. Agustin.E.
AVAILMENT OF DISCOVERY PROCEDURES OR REFERRAL TO COMMISSIONERS
Plaintiff is willing to avail of discovery procedures or
referral to commissioners.
F. WITNESS
CLARA AGUSTIN to prove her causes of actions.
Respectfully submitted.
30 November 2009 Tuguegarao City, Cagayan
Atty. Lea T. Malana-Balanon
Carig Sur Maharlika Highway
Tuguegarao City, Cagayan
IBP No. 710208-01/19/09
PTR No. 0516385-01/08/09
Roll No. 45223
MCLE Compl. No. II-0008603
Copy furnished:
Atty. RAYMOND REYNOLD LAUIGAN
Tuguegarao City, Cagayan
