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REPUBLIC OF THE PHILPPINES

REGIONAL TRIAL COURT


6th Judicial Region
Branch 39
Iloilo City

BERDO GO, Plaintiff,

- versus -
CIVIL CASE NO. __________
For: SPECIFIC
PERFORMANCE,
RESCISSION OF CONTRACT
AND DAMAGES

ASHFORD INTERNATIONAL, INC.


and PAT TIU, Defendants.

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

PRE-TRIAL BRIEF
RESPONDENT, through counsel, to this Honorable Court,
respectfully submits this Pre-trial Brief as follows—

A. STATEMENT OF THE FACTS AND CASE

Petitioner alleges the dishonoring of the alleged oral


agreement between him and Ashford International Inc.
(Ashford, hereinafter); through disposing the property
in question to Pat Tiu (Tiu, hereinafter). The
property in question comes into lawful possession of
Ashford through Real Estate Mortgage between Berdo Go
(Go, hereinafter), the plaintiff, and Ashford. Go
incurred delays and that Ashford proceed with
foreclosure to secure the interest of the company.
Multiple attempts of Go to reacquire the same property
but failed to do so due to his habit of being unable
to fulfill the end of his bargain. Ashford gave enough
chances and came up with a final decision of making
the property open to public for sale.

Ashford asserts the inadmissibility of the alleged


oral agreement and firm on the stand that this case is
merely a delay of disposal and utilization of lawfully
acquired property.

B. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT


Ashford is open for settlement provided it is on just
and reasonable grounds.

C. ADMITTED FACTS

All statements indicated in the pleadings submitted by


Ashford.

D. PROPOSED STIPULATION OF FACTS

*di ko bal_an ano ibutang ko di, Pat, paconsider kay


Tito mo on what to include gid*

Ashford also proposed to stipulate the following


facts-
a. Ashford reserves all the rights of ownership prior
to sale to Tiu.
b. Ashford provided enough leniency towards Go.
c. Sale of Real Properties must be redounded into
writing.

E. PROPOSED ISSUES TO BE RESOLVED

Whether or not the alleged oral agreement is


admissible to courts?

Whether or not sale of real properties must be


redounded into writing?

Whether or not plaintiff is entitled to reacquisition


although the same reserved entitlement already
prescribed?

ADD!!

F. TESTIMONIAL EVIDENCE

Ashford intend to present one (1) witness to prove


counterclaims and rebut on the plaintiff’s
allegations.

G. DOCUMENTARY EVIDENCE

Ashford request the marking as exhibits of the


following documents:

1. Secretary’s Certificate (Exhibit “1”)


2. Transfer Certificate of Title No.: 068-2003000320
(Exhibit “2”)
3. Manila Bulletin Classified Ads dated June 1,2004
(Exhibit “3”)
4. Email Conversation between Luzviminda Demaisip and
Joseph Castanold dated May 30, 2003(Exhibit “4”)
5. Minutes of the Special Meeting of the Board of
Directors of Ashford International, Inc. (Exhibit
“5”)

H. APPLICABLE LAWS

ARTICLE 1403, CIVIL CODE OF THE PHILIPPINES

I. POSSIBILITY OF AMICABLE SETTLEMENT

Ashford is amenable to a reasonable settlement.

J. RESERVATION

K. AVAILABLE TRIAL DATES

KATWIRAN Law Office,


Gen. Luna St., City Proper, Iloilo City
Counsel for the Defendant

BY:

ATTY. JUAN DELA CRUZ


PTR NO. 738016495:2-55-04:B.C.
IBP No. 37523:4-47-98:B.C.
Roll No. 72894:1-01-05: Iloilo
Gen. Luna St., City Proper, Iloilo City