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Trial Memorandum
Trial Memorandum
PEDRO BUHAY ,
Plaintiff,
TRIAL MEMORANDUM
For the Plaintiff
STATEMENT OF FACTS:
In order that this Honorable court may be enlightend and guided in the
judicious disposition of the above-entitled case, cited hereunder the material,
relevant and pertinent facts of the case to wit:
4. Just before the incident, plaintiff was watching PBA games in their
living room together with his twelve year old brother. Suddenly,
they heard a loud crashing sound banging on their gate of their.
Plaintiff went outside to see what caused the crashing sound.
Plaintiff saw a blue car already inside their garage crashing on his
Red Mazda 3 and damaging also their gate. Plaintiff alleges that
on or about 11:00 PM of June 10, 2014, the Defendant Juancho
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Mahusay were driving his Blue Honda CRV with plate number
WXY-789 along Primera St., Anonas, Quezon City;
5. Plaintiff alleges that due to reckless and fast driving, the Defendant
loses control of his vehicle and hit the gate of the Plaintiff’s garage
damaging my Red Mazda 3 with plate number ABC-123 ;
7. Right after the incident, the Defendant was brought to the Police
station and subjected to an alcohol test. It was proven that the
Defendant was drunk during the incident and medical record
issued by the PNP Crime Laboratory will prove such fact;
8. At the police station, the Defendant admits that he was the driver
and owner of car that caused damage to Plaintiff’s gate and Red
Mazda car parked inside their garage;
9. Plaintiff and Defendant agreed that the latter is willing to pay the
damages caused by the incident; it was also agreed upon by both
parties that the Plaintiff will give the defendant copy of the
estimate cost of the damage of the car and the gate after two days;
10. Plaintiff furnished the defendant the estimated cost of car repair
and the cost of installation of Plaintiff’s gate with the amount of
One Hundred Seventy Seven Thousand Pesos and Thirty Two
thousand pesos respectively; the Defendant agreed that he will pay
such amount on June 15, 2014;
11. Defendant failed to pay on June 15, 2014 despite the constant
reminder and calls from the Plaintiff;
12. A demand letter was sent to the Defendant on June 21, 2014 and
was received personally by the Defendant on the same date;
However despite of the demand letter sent and received by the
defendant, he still failed to settle his obligation;
STATEMENT OF ISSUE
ARGUMENTS
That Mr. Juancho Mahusay should be held liable for actual damages,
he was negligent in driving and was proven to be drunk during the incident,
thus causing the accident;
That Mr Juancho Mahusay should be held liable to pay the cost of suit
since the plaintiff was only constraint to file such suit because of the
former’s failure to settle his obligation.
PRAYER
Other relief, just and equitable under the premises are likewise prayed
for.
RESPECTFULLY SUBMITTED.
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The allegations in the said complaint are true and correct of my own
knowledge and authentic records;
days therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed.
PEDRO BUHAY
Affiant
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2014.