Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES MANDAUE CITY Branch 3 724 CARE INC.

, Plaintiff, versus CIVIL CASE: 6739 FOR: DAMAGES FOR BREACH OF CONTRACT & ATTY’S FEES

CRISMARK ARCHIVAL, Defendant. x---------------------------------------x PRE-TRIAL BRIEF (For the Defendant)

DEFENDANT, by counsel and by way of special appearance and unto this Honorable Court, most respectfully states that pending the resolution of herein defendant’s Motion for Preliminary Hearing on Affirmative Defenses filed on September 24, 2012, defendant submits this Pre-Trial Brief for purposes of compliance: WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT Defendant is open and willing to enter into an amicable settlement or compromise. ALTERNATIVE MODES OF DISPUTE RESOLUTION Defendant is willing to submit itself to mediation and other alternative modes of dispute resolution.

BRIEF STATEMENT OF DEFENSE Defendant prays for the dismissal of the complaint on the grounds of Improper Service of Summons, lack of Verification and Certification Against Forum Shopping, defective Board Resolution and unsigned Secretary’s Certificate, thereby granting this Honorable Court no jurisdiction over the defendant, the Complaint and the Plaintiff. PROPOSED STIPULATION OF FACTS Defendant requests Plaintiff to admit the following facts:
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The defective Board Resolution to prove that such was antedated. 2010 as a Customer Sales Representative. The copy of the Complaint itself as received by defendant to prove the lack of Certification Against Forum Shopping and therefore a mere scrap of paper. Whether or not this Complaint must be dismissed for lack of Certification against Forum Shopping. When the sixmonth period is about to lapse. 4. meaning. an employment contract for the position of Customer Sales Representative. plaintiff refused to accept his resignation. LIST OF EXHIBITS TO BE PRESENTED Defendant will present the following exhibits: 1. Naturally however. Was Summons properly served? 2. 2011. Whether or not plaintiff are entitled to the reliefs prayed for. plaintiff then again let defendant sign. the subject of this instant complaint. 2. 3. When the latter date came. through a Project Employment Contract. Whether or not this Honorable Court has jurisdiction over the plaintiff for utterly defective Board Resolution and unsigned Secretary’s Certificate.Defendant was hired by plaintiff on October 29. ISSUES Defendant respectfully submits that the issues in this case are: 1. there was already authorization given prior to the date when the cause of action arose. Also to prove that plaintiff fails to establish that the members of the BOD who are signatories on Page 2 of 4 . With plaintiff’s potential to circumvent employees’ rights particularly security of tenure. plaintiff let defendant sign a document dubbed as the Probationary Employment Contract where defendant was made a Sourcing Associate effective until October 30. defendant tendered his resignation to prevent further damage caused. Thus.

The Secretary’s Certificate of one Almira Barcenas but signed by Chareez Sol Aguirre as the Affiant to prove that such document is defective and useless.August 2011 are still the same BOD when the alleged cause of action against the defendant arose. The defendant herein is willing to take the stand and become a witness for his cause and to testify on the material allegations.) per witness. MOST RESPECTFULLY SUBMITTED. ADMISSIONS The defendants have no admissions to make except those already stated in his Answer to the Amended Complaint. Philippines. Page 3 of 4 . rebuttal and sur-rebuttal evidence. Defendant will need at least thirty minutes (30 mins. MANDAUE CITY. special and affirmative defenses and the denials in his Answer. 2. October 11. The defendant reserves the right to present additional witnesses when the need arises in the course of the proceedings. SPECIFIC TRIAL DATES It is respectfully requested that the trial dates be set during the pretrial conference to dates most convenient to this Honorable Court and to all the parties. 3. 2012. RESERVATION Defendant expressly reserves the right to present such additional witnesses and other exhibits and evidence as the exigencies of the trial may require. WITNESSES TO BE PRESENTED 1. exclusive of cross-examination.

2010 attykgm@gmail. Mandaue City. Gothong I. Capitol Site. Subangdaku.com Atty. Don Jose Avila St. 2012.T. Cebu City MCLE Compliance Number III-0012441 April 19.D. 2012. 6014. JL Building. Bacomo-Lapitan Roll of Attorney Number 60010 PTR Receipt Number 10959166 March 11. 2012.com Copy Furnished: Atty. Philippines Page 4 of 4 . 2012. Kim Grace Mendoza Roll of Attorney Number 54816 PTR Receipt Number 10147655 January 2. Cebu City IBP Receipt Number 858630 January 2..MENDOZA LAW OFFICE Suite 3E. A. Dominador Cafe c/o 247 Care Lending Inc. Annavie E. Center Bldg. 2nd Floor.. Cebu City Telephone number (032) 266-0516/ 09228348060 Atty. Pasig City MCLE Exempt attyannavie@gmail. Cebu City IBP Receipt Number 893870 March 19.