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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch _______
PASAY CITY

JAMES OSWALD LORENZO

Plaintiff,

-versus- Civil Case No.:______________


For: Sum of money with Damages

DIRIKA PACAMALAN

Defendant.

x-------------------------x

PRE-TRIAL BRIEF

Defendant, through the undersigned counsel, and unto this Honorable Court, respectfully submits
this Pre-Trial Brief, containing the following:

I – POSSIBILITY OF ENTERING INTO AN AMICABLE SETTLEMENT AND TERMS


OF ANY SUCH SETTLEMENT

1. Defendant is open to settling the dispute amicably, subject to a concrete proposal that is
fair and reasonable and a reciprocal manifestation of openness from the defendant.

II – SUMMARY OF ADMITTED FACTS

2.1 Plaintiff claims that Defendant borrowed money from the former in the amount of One
Million Pesos (P1,000,000.00), in Philippine currency, with 5% monthly interest, as
evidenced by a promissory note dated March 1, 2017. A copy of the Promissory Note is
hereto attached as Annex “B” and made integral part thereof of this Pre-Trial Brief
;

2.2 Defendant claims that the entire obligation of One Million Pesos (1,000,000.00) is
already extinguished by mode of payment in cash evidenced by acknowledgment receipts
attached as Annexes “A-1”, “A-2”, “A-3”, “A-4”, “A-5”, “A-6”, “A-7”, “A-8”, “A-9”,
“A-10”, “A-11”, “A-12”, “A-13”, “A-15”, “A-16”, “A-17”, and by mode of payment in
kind evidenced by deed of sale attached as Annex “A-14” and “C”. Annex “E” will
prove that the DEFENDANT is already released from such obligation.

III – ISSUES TO BE RESOLVED OR TRIED

1. Whether or not the Plaintiff has no cause of action against the Defendant;

2. Whether or not Plaintiff has no legal ground to demand payment of the total amount loaned.
IV – WTNESSES TO BE PRESENTED

NAMES PURPOSES SUBSTANCE OF TESTIMONY

1. Juan Dela Cruz To testify the existence of the Deed of Sale between
the Plaintiff and Defendant, in partial consideration
2. Isabel De Leon of the latter’s debt.

The Defendant reserves his right to present additional testimonial evidence as the exigencies of
the trial may require.

V – DOCUMENTARY EVIDENCE DOCUMENTS PURPOSES / DESCRIPTIONS

1. Promissory Note To prove that there is a contract of loan between the


Plaintiff and the Defendant.

2. Acknowledgment Receipt To establish the fact that the Defendant paid his
monthly installment

3. Deed of Sale To establish that Defendant paid the remaining


balance of the loan by selling his car to the
Petitioner

4. Release of Promissory Note To prove that Petitioner releases and discharges


Defendant from any claims or obligations

5. Agreement Set-Off To establish that Petitioner and Defendant agreed to


set-off the amount of 200,000.00 for the outstanding
balance for the months of May, September, October
and November all in the year of 2018 of the latter
and Petitioner will only pay in return the amount of
1,500,000.00 pesos to Defendant because of the
appraised value of the car of the latter is
1,700,000.00 pesos

VI – AVAILMENT OF MODES OF DISCOVERY

The Defendant intends to use the modes of discovery available under the Rules of Court, but not
limited to deposition-taking.
VII – APPLICABLE LAWS AND JURISPRUDENCE

 Art. 1231 of the Civil Code of the Philippines provides:

“Obligations are extinguished: 1) by payment or performance; xxx

 Art. 1232 of the Civil Code of the Philippines provides:

“Payment means not only the delivery of money but also the performance, in any
other manner, of an obligation.”

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that the
foregoing Pre-Trial Brief be noted and admitted.

The Defendant likewise prays for such other remedies and reliefs as may be deemed just and
equitable under the premises.

November 8, 2018. Pasay City, Philippines.

JILLIAN MONIKAH A. TATAD


Counsel for the Defendant
101 XXX St., Pasay City
(02) 444-000
Roll of Attorney No. 80821
IBP No. 888219 / January 2018. Pasay City.
PTR No. 305969 / January 2018. Pasay City.
MCLE Certificate of Compliance No. 14344 / January 2018

EXPLANATION

A copy of the foregoing Pre-Trial Brief was served to the Defendant’s counsel by registered mail
due to time and distance constraints and for lack of manpower.

ATTY. MARA ORLENE GRACEL S. REYES


Counsel for the Plaintiff
Cc:

JILLIAN MONIKAH A. TATAD

Counsel for the Defendant

101 XXX St., Pasay City


 Needs to be appended to this Pre-trail Brief : Annexes mentioned above

1. Loan Agreement

2. Payment Receipt