REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 26
CITY OF SAN FERNANDO, LA UNION

CIVIL CASE NO: 004

FOR: DAMAGES

MONA PAPA, NESTOR POL and

HERMOGENES YAPIT,
Plaintiffs,

-versus-

SPOUSES ANGELITO ALVIAR and

ZENAIDA ALVIAR and RICO NACARIO
Defendants.

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PRE – TRIAL BRIEF FOR THE DEFENDANT

COME NOW Defendants SPOUSES ANGELITO ALVIAR and ZENAIDA

ALVIAR, through the undersigned counsel and unto this Honorable Court, most respectfully
submit this pre – trial brief as follows:

POSSIBILITY OF AMICABLE SETTELEMENT

The defendants are willing to enter into amicable settlement under terms and
conditions just fair and reasonable under the circumstances in order to avoid a protracted
litigation between parties.

II

SUMMARY OF ADMITTED FACTS AND

STIPULAION OF FACTS

AS TO THE SUMMARY
OF ADMITTED FACTS

1. The identities of the plaintiffs and defendants;

AS TO THE PROPOSED
STIPULATION OF FACTS

1. The defendants raise as defense that due diligence of a good father of a family
was exercised in the selection and supervision of the truck driver.
 III

ISSUES TO BE RESOLVED

1. Whether or not the Defendant spouses Alviar did not exercise due diligence of a
good father of a family in the selection and supervision of the truck driver;

2. Whether or not the Defendant spouses Alviar are liable to pay damages;

IV

DOCUMENTS OR EXHIBITS TO BE PRESENTED

The Defendants reserves the right to mark in evidence his documentary exhibits
during the Pre – trial.

INTENTION TO AVAIL OF DISCOVERY PROCEDURES

OR REFERRAL TO COMMISSIONERS

The Defendants, as of the moment, has no intention to avail of discovery procedure or

to refer the case to a commissioner but may file necessary motion when the need arises.

VI

WITNESSES TO BE PRESENTED

The Defendants will be presented to substantiate his defense and other witnesses as
the need arises.

VII

TRIAL DATES

To be agreed upon during the pre – trial.

Respectfully submitted this 23rd day of October 2018 at San Fernando City, La Union.

LICAY, PE BENITO and ASSOCIATES LAW OFFICE

Counsel for Defendants
First Floor, Espe Building
Bacnotan, La Union
Contact No. (072) 242-4242

By:
 DEXTER P. LICAY
PTR 100822, January 3, 2018; (LU)
IBP Lifetime Roll No. 072386 (LU Chapter)
Roll of Attorneys No. 100888
MCLE Compliance No. VI – 05222016
Issued on December 6, 2017

Copy furnished: (by personal service)

Atty. Marcelino A. Abellera

Counsel for the Plaintiffs
2nd Floor, Juloya Building
Aringay, La Union