Republic of the Philippines

MUNICIPAL TRIAL COURT OF CEBU CITY

Branch 1

NOEL Q. BACALLA, Jr. Civil Case no. 50

Plaintiff, For: Collection of Sum

- versus -

ROBERT E. IRAN
Defendant,

PRE TRIAL BRIEF

DEFENDANT, by counsel, to the Honorable Court, respectfully submits its

pre trial brief as follows:
STATEMENT OF THE CASE

Art. 1231 of the Civil Code provides that;

“Obligations are extinguished:
(1) By payment or performance:
(2) By the loss of the thing due:
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) By compensation;
(6) By novation.
Other causes of extinguishment of obligations, such as annulment, rescission,
fulfillment of a resolutory condition, and prescription, are governed elsewhere in
this Code. (1156a)”

On January 6, 2005, defendant came to the residence of the plaintiff

requesting that he be allowed to borrow Pesos: Fifty Thousand (P 50,000.00) for
the purpose of using the money to pay for the hospital expenses incurred for the
medication of his wife.

Touched with his compassionate heart, plaintiff lent the aforesaid amount
on the condition that he be repayed on or before May 31, 2005 as provided for in
the promissory note executed by the plaintiff.
 On June 8, 2005, defendant received the demand letter from the plaintiff.
Upon reading the demand letter, in truth and in fact, defendant scampered to look
for funds in order the settle the amount owed to the plaintiff.

On June 10, 2005, defendant went to the residence of the plaintiff in order
to effect payment. However, the plaintiff was not physically around at that time.
Defendant decided to tender the amount of Pesos: Fifty Thousand (P 50,000.00)
demanded from him to the plaintiff’s daughter, Ma. Cristina S. Bacalla, of legal
age, and living with plaintiff within the same abode. Receipt of the amount is
evidenced by a written acknowledgment by the plaintiff’s daughter.

However, plaintiff claims to have not received the payment from the
defendant. Further, plaintiff is insisting that there was a stipulation of interest of
5% per month which was not written on the face of the promissory note executed
by the defendant. Defendant claims otherwise as stipulated in the foregoing,
hence this instant case.

POSSIBILITY OF AMICABLE SETTLEMENT

Defendant owes much gratitude to the plaintiff and his family. Over the
years, plaintiff has been a good Samaritan in the community. It is of paramount
interest of the defendant to amicably settle the case. Defendant is very much
willing to pay for a legal interest rate of 6% per annum and the attorney’s fees of
Pesos: Five thousand (P 5,000.00) as prayed for by the plaintiff in his complaint.

PROPOSED STIPULATION OF FACTS AND/OR ADMISSION OF FACTS

1) That plaintiff is not into the business of lending money for interest or for
the purpose of deriving profits therefrom.
2) That Ma. Cristina S. Bacalla, of legal age, single, is the daughter of the
plaintiff living with him within the same abode.
3) That Ma. Cristina S. Bacalla does not suffer from any impairment of her
mental faculties that impairs her legal capacity to enter into a contract
or whatever of the same nature.
4) That the signature appearing on the Acknowledgment Receipt marked
as Exhibit B hereof is that of Ma. Cristina S. Bacalla.
5) That on June 10, 2005, on or about 3PM to 4PM, plaintiff was not
around or within the premises of his residence.
 ISSUES TO BE TRIED OR RESOLVED

1) Whether or not there was a stipulation of interest charges at the time

the plaintiff granted the plead of the defendant of lending money;

2) Whether or not interest charges may be legally imposed even in the

absence of such provision on the face of the promissory note executed
by the defendant;

3) Whether or not the payment made to the daughter of the plaintiff who
lives with him in the same abode is a valid tender of payment as if it
was made directly to the plaintiff therefore extinguishing the obligation.

EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

The following documents are to be presented:

Exhibit A – A machine copy of the promissory note executed by defendant

Exhibit B – A machine copy of the acknowledgement receipt by Ma. Cristina S.

Bacalla

Exhibit C – A machine copy of the demand letter by the plaintiff to the defendant

Exhibit D – A sample specimen signature of the plaintiff

Exhibit E – A sample specimen signature of the Ma. Cristina S. Bacalla

Exhibit F – A sample specimen signature of the defendant

The defendant reserves his right to present other documents not herein listed a
may be deemed necessary.

WITNESSES TO BE PRESENTED
 1) The defendant himself – to testify that he has effected the payment;
2) The wife of the defendant, Flair S. Iran – to testify the fact of the
payment;
3) The children of the defendant – to testify the fact of payment;
4) Atty. Marlon R. Etcuban – to testify that the funds used by defendant to
pay his obligation was in fact from him;
5) Ma. Cristina S. Bacalla – to testify that she received the payment of the
defendant;
6) Defendant reserves the right to present other witnesses not herein
enumerated as deemed necessary.

The testimonies of the witnesses would not consume more than 15

minutes on direct examination, and another 15 minutes on cross
examination.

DATES OF HEARING

The defendant would depend upon the dates agreed upon during the pre
trial.

RESPECTFULLY SUBMITTED.
Cebu City.
September 29, 2005
NOEL O. BACALLA
Attorney for the Defendant
6F Cebu Holdings Center, CBP
Cebu City /Tel no. 2315301
Roll no. 00079
IBP no. 00080 Jan. 1, 2005
PTR no. 0000012 Jan. 1, 2005
Cebu City

Copy furnished by personal service:

Atty. Richard Z. Tenchavez
Counsel for the plaintiff
Unit 2 Carbon Market
Ermita, Cebu City

Received by: Date:

________________ ______________