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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 91, PARANAQUE CITY
Banco De Oro Private Bank
Plaintiff,
- versus -

Civil Case No. 16-00049


For: Collection for sum of

money and damages


Maria Mercedez
Defendant.
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PRE-TRIAL BRIEF FOR PLAINTIFF
PLAINTIFF, by counsel, respectfully submits its Pre-Trial Brief, as follows:
I. BRIEF STATEMENT OF PLAINTIFFS CLAIMS
1.1. On May 31, 2015, the Defendant Maria Mercedez obtained a loan from the
Plaintiff in the sum of One Million Pesos (P1, 000, 000) Philippine currency,
with an annual interest of thirty six percent (36%). The loan was to mature on
June 1, 2016;
1.2. Since the receipt of the amount of P1, 000, 000 and execution of real estate
mortgage, Defendant failed to pay the loan upon maturity;
1.3. The outstanding account of Defendant with Plaintiff as of the filing of this
complaint is P1, 000, 000 plus interest;
1.4. On June 12, 2016, Plaintiff, thru counsel, demanded for the payment of
Defendants account;
1.5. Plaintiff did not receive any response from the Defendants, and worse still,
Defendant failed to comply with her obligation to the Plaintiff;
1.6. In order to protect its right in filing the case, Plaintiff was constrained to
engage the services of counsel to an agreed fee of P50, 000;
1.7. In protecting its interest, Plaintiff had incurred litigation expenses in the
amount of P10, 000.
II. NUMBER OF WITNESSES TO BE PRESENTED
2.1. Plaintiff will present Joan Luna, the Branch Manager of the Banco De Oro
Private Bank as witness.
2.2. Furthermore, plaintiff reserves the right to present other witnesses not herein
enumerated as deemed necessary.
III. ABSTRACT OF THE TESTIMONIES OF THE WITNESS FOR THE PLAINTIFF
3.1. To substantiate Plaintiffs claim as alleged in its Complaint;
3.2. To identify relevant documents to support Plaintiffs claims.
IV. DOCUMENTS INTENTED TO BE PRESENTED
4.1. Deed of Real Estate Mortgage on May 31, 2015 over one condominium unit
redeemable within a period of one (1) year from the date of execution of the deed;
4.2. Promissory note dated May 31, 2015, in the amount of P1, 000, 000 payable
on or before June 1, 2016;
4.3. Promissory note signed on May 31, 2015 for P360, 000 to be paid on or before
June 1, 2016;
4.4. Demand Letter dated June 12, 2016.
V. ADMISSIONS
5.1. Plaintiff limits its admissions to those alleged in its Complaint.

VI. APPLICABLE LAWS AND JURISPRUDENCE


6.1. Banco De Oro Private Bank was not bound to accept Mirasols payment,
since as far as the former was concerned, she did not have an interest in the
payment of the loan of the Defendant herein. Art. 1236 provides:
The creditor is not bound to accept payment or performance by a third
person who has no interest in the fulfillment of the obligation, unless
there is a stipulation to the contrary.
Whoever pays for another may demand from the debtor what he has paid, except
that if he paid without the knowledge or against the will of the debtor, he can
recover only insofar as the payment has been beneficial to the debtor.

6.2. Novation does not apply to the instant case. A substitution of debtor was
made without its consent; thus, it was not bound to recognize the
substitution under the rules on novation. Art. 1293 of the Civil Code states:
Novation which consists in substituting a new debtor in the place of the
original one, may be made even without the knowledge or against the will
of the latter, but not without the consent of the creditor. Payment by the
new debtor gives him rights mentioned in articles 1236 and 1237.

VII. ISSUES
7.1. Whether or not the Defendant failed to comply with her loan obligation when it
falls due;
7.2. Whether or not the Defendant is liable to any and all damages contemplated
in its Complaint.
VIII. AVAILABLE TRIAL DATES
August 15, 2016, August 30, 2016 and September 15, 2016.

RESPECTFULLY SUBMITTED.
Paranaque City, Philippines, July 15, 2016.
MANATO MANALO MARCELO LAW OFFICE
COUNSEL FOR THE PLAINTIFF
4th Floor, 123 Building, Multinational Village
Paranaque City, Philippines
By:
MARIZ SANTOS
IBP # 605482 1/8/11 Paranaque City
PTR # 0417576 1/8/11 Pasig City
ROA 30724
MCLE Compliance No. II 01-23455

Copy Furnished:
By Personal Service
Atty. Miguel Laserna
LASERNA CUEVAS-MERCADO LAW OFFICES

Unit 123, Star Arcade, Commerce Avenue


PhilamLife Village, Las Pinas City 1740