REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 112

DEREK RAMSEY,
Plaintiff,

- versus - Civil Case No. 100110

For: Collection of sum of money

JOHN LLOYD,
Defendants.

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PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as

follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE

TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete proposal that

is fair and reasonable and a reciprocal manifestation of openness from defendant,

1.2. Pursuant to 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 of

amount due and owing to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant failed to pay the purchase price of FIVE HUNDRED

THOUSAND PESOS (Php 500,000.00) for the Rolex watch delivered to the defendant.
 2.2 Defendant raise as defenses that no sale ever transpired and that the checks issued to

Mr. Ramsey were stolen and the defendants signature forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer, i.e., their personal

circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issue is subject to proof:

4.1.1. The loss of the defendants checks as the cause for the accounts closure and

forgery of his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a contract of sale with the plaintiff;

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and defendant actually met at

the Shangri-La Makati Hotel, that the Rolex was the subject matter of a contract of sale between
the plaintiff and defendant, and that the defendant paid in cash FOUR HUNDRED THOUSAND

PESOS (P400,000) and issued the checks covering the balance;

5.1.2 Ms. Cristine Reyes, manager of the hotel restaurant, as witness to the meeting and

the transaction;

5.2. Plaintiff reserves the right to present any and all documentary evidence, which

shall become relevant to rebut defendants claims in the course of trial as well as any other

witnesses whose testimony will become relevant to belie defendants witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff does not intend to avail

of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from

defendant, plaintiff reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES

March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011

RESPECTFULLY SUBMITTED.

Makati City. 2 March 2011.

CRISOLOGO CRUZ FAJARDO FRANCISCO MULI SIRON SOLLER

Counsel for the Plaintiff
25th Floor CitiBank Towers,Valero St.
Makati City, Philippines
 By:

CAESAR JOSE F. FRANCISCO

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. Karl Raso

Raso Saro & Rosa Law Offices
48 Corporate Tower, Valero St., Makati City