Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 168, Makati City

JUDY ANNE BARRETTO,

Plaintiff,
Civil Case No. 000068
- versus -
For: Ejectment
RICO YAP,
Defendant.
x----------------------------------- x

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 SETTLEMENT

I.1 Subject to a proposal that is fair and reasonable and a reciprocal manifestation of
openness from plaintiff, defendant is open to the possibility of amicably settling the
dispute.

I.2 Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully
submits that the desired terms of any amicable settlement would involve, first, a
clarification of the actual extent of any obligation due and owing to the plaintiff
inasmuch as there is nothing to indicate defendant’s obligation to plaintiff, and
second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

II.1 Plaintiff seeks principally to recover the property located at No. 35 Magdalena Street,
Magallanes Village, Makati City and to be paid the amount of Two Million Four
Hundred Thousand Pesos (P 2,400,000.00) arising allegedly from unpaid rentals and
damages.

II.2 Defendant resists plaintiff’s claims based on the failure to state a cause of action
because of:

II.2.1 A Deed of Sale superseded the Contract of Lease entered into by the
parties; that there was no right of the plaintiff violated by the defendant,
therefore, lacking in the requisite as to have a cause of action pursuant to
Section 2 of Rule 2 of the 1997 Rules of Civil Procedure.

II.3 Defendant also interposed a compulsory counterclaim for Two Million Pesos (P
2,000,000.00) for Moral Damages and One Million Pesos (P 1,000,000) for attorney’s
fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

III.1 Defendant only admits the facts stated in his Answer, i.e., as to his personal
circumstances, that a Contract of Lease was entered into dated 5 March 2011, receipt
of demand to vacate, and his possession of the property.
III.2 Subject to a concrete proposal for stipulation of additional facts from plaintiff
during pre-trial or even thereafter, defendant admits no other facts from the
Complaint.

IV. ISSUES TO BE TRIED

IV.1 Defendant submits that the following issues put forward by plaintiff are
subject to proof:

IV.1.1 Plaintiff’s entitlement to the amount claimed;

IV.2 Defendant submits that the following issues he put forward are subject to
proof:

IV.2.1 Plaintiff’s bad faith in filing the suit

IV.2.2 Defendant’s entitlement to the claims made in his Compulsory

Counterclaim;

V. EVIDENCE

V.1 Defendant intends to present the following documents:

V.1.1 The Deed of Absolute Sale entered by the plaintiff and the defendant
and attached in his Answer as “ANNEX I.”

V.2 Defendant intends to present the following witnesses:

V.2.1 Defendant himself, who will testify on the true circumstances leading
to the filing of the suit against him;

V.2.2 Claudine Santos, an employee of the plaintiff, who signed as witness

to the Deed of Sale and who has personal knowledge as to the true
circumstances behind the alleged obligations due and owing in favor of the
plaintiff.

V.2.3 Sunshine Taus, the notary public who signed the acknowledgement
of the Deed of Sale between the plaintiff and defendant.

V.3 Defendant reserves the right to present any and all documentary evidence which
shall become relevant to rebut plaintiff’s claims in the course of trial as well as any
other witnesses whose testimony will become relevant to belie plaintiff’s witnesses, if
necessary.

VI. RESORT TO DISCOVERY

VI.1 Considering the relatively simple issues presented, defendant does not intend
to avail of discovery at this time.

VI.2 Subject, however, to a concrete and reasonable request for discovery from
plaintiff, defendant reserved the right to discovery before trial.

VII. AVAILABLE TRIAL DATES

VII.1 Defendant submits the following to be his available trial dates:

 December 5, 2014
December 8, 2014
December 10, 2014
December 12, 2014
December 17, 2014
December 19, 2014

RESPECTFULLY SUBMITTED.

Taguig City; 21 November 2014.

KATHLYN NADIA D. BALDONADO

Counsel for the Defendant
19/F Forbeswood Parklane
Blk. 2 Lot 1 West Crescent Park Rd. Bonifacio Global City, Taguig
0917-5209373, kaye.baldonado@fifilaw.com
Attorney’s Roll No. 82890
IBP No. 6789-10/08/06-Makati
PTR No. 1234-05/09/07-Makati
MCLE Compliance No. II-00023456-10 October 2014

Copy furnished:

Atty. Alyssa Nuqui

Counsel for the Plaintiff
27/F 88 Corporate Center,
Sedeno corner Valero Street,
Salcedo Village, Makati City