REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASAY CITY, BRANCH 21

LEE MIN HO,

Plaintiff,

- versus - Civil Case No. 888888

For: Collection of Sum of Money

GONG YOO,
Defendant.

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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 SIX MILLION

PESOS (Php6,000,000.00) for the Ford Mustang delivered to the defendant.

2.2 Defendant raise as defense that no sale ever transpired and that the checks issued to

Mr. Lee were stolen and the defendant’s signature was 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 defendant’s checks as the cause for the account’s 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. Gina Po, to establish that the plaintiff and defendant actually met at the

Harrison Hotel Restaurant that the Mustang was the subject matter of a contract

of sale between the plaintiff and defendant, and that the defendant paid in

manager’s check THREE MILLION PESOS (P3,000,000) and issued ten post-

dated checks covering the balance;

5.1.2 Ms. Suzy Uy, 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

April 3, 2019, April 10, 2019, April 17, 2019 and April 24, 2019.

RESPECTFULLY SUBMITTED, this 11th day March 2019, Pasay City.

JOSE SAN JUAN

Counsel for the Defendant
4th Floor ABC, Harrison Center
Pasay City, Philippines
PTR No. 012345; 01/15/11; Pasay City
IBP Lifetime No.551986; 01-25-01; Pasay City
Roll of Attorney’s No. 45678
MCLE Compliance No. 4-00010101
Tel. (fax) no. (045) 982-0871

Copy Furnished:
REGIONAL TRIAL COURT
PASAY CITY, BRANCH 21

Atty. Cynthia Billiard

Counsel for the Plaintiff
Ato & Patag Offices
75, Menlo St., Pasay City