MADRID, JEFFERSON B.

PRACTICE COURT 2
Section 4S (2019400257) ATTY. JOHN JACOME

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 69
Quezon City

XYZ BANKING CORP.

Represented by its General Manager
Winston D. Dela Cruz,
Plaintiff,

- versus - Civil Case No. 3658-S

For: Specific Performance,
Collection and damages with
Prayer for Preliminary
Attachment
GLENDA HUWEBES
Defendant.
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PRE-TRIAL BRIEF
PLAINTIFF, by counsel, and unto this Honorable Court, respectfully
submits this Pre-Trial Brief, viz:

STATEMENT OF THE CASE

This is a complaint for Specific Performance, Collection and Damages

with Prayer for Preliminary Attachment. The defendant applied for a loan
from Plaintiff as per Application for Loan 45-69 dated November 3, 2014
and obtained certain sums of money from the Plaintiff as evidenced by
Loan Note No. 619 dated December 5, 2014 and Cash Disbursement
Voucher No. 268 dated December 5, 2014. Despite repeated demands, as
per Demand Letter dated December 10, 2015 and Demand Letter dated
January 15, 2016, the Defendant failed or refused to pay the same. The
Plaintiff seeks preliminary attachment of the remaining properties of the
Defendant who disposed of his property, specifically his Family Home and
its contents, as evidenced by Deed Absolute Sale No. 3646243 obtained
from the Register of Deeds in Quezon City, with intent to defraud his
creditors.

POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiff respectfully manifests, without admitting liability or waiving

any of its rights or defenses, that it is open to settling this dispute amicably,
subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from the Defendant.

Pursuant to Rule 18 of the Rules of Civil Procedure, as amended,

Plaintiff respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of the amount due and owing
to the plaintiff, and second, a schedule of payments, executed through a
compromise agreement approved by the Honorable Court

The Plaintiff desires that the terms of the payment of the debt should be
paid in four equal installments starting a month from the date the
compromise agreement is approved, and every month thereafter. Interest
should also be paid at 2.5% per month.

PROPOSED ADMISSIONS/STIPULATION OF FACTS

As provided under Rule 26 of the Rules on Civil Procedure, as amended,

Plaintiff requests defendant to admit the genuineness and due execution of
the following documents within fifteen (15) days after service thereof,
otherwise each of the following documents shall be deemed admitted:

1. Jurisdiction of the Court

2. Identity, status and relationship of the parties
3. That Defendant transacted a loan with the Plaintiff evidenced by
Application for Loan No. 515 dated November 3, 2014 in the
 amount of P1,000,000.00 with interest at five percent (5%) per
annum
4. That Defendant obtained certain sums from the Plaintiff as per
Loan Note No. 619 dated December 5, 2014 and and Cash
Disbursement Voucher No. 268 dated December 5, 2014
5. That Loan Note No. 619 dated December 5, 2014 was executed
and signed by the Defendant
6. That Demand to pay was made upon the Defendant twice as per
Demand Letter dated December 10, 2015 and Demand Letter
dated January 15, 2016
7. That Defendant has not yet fully paid her obligations as of the due
date of the loan and after repeated demands.
8. That Plaintiff incurred expenses in its effort to collect from the
defendant
9. That Defendant sold her family home, as per Deed Absolute Sale
No. 3646243, in order to evade payment of her obligation
10. Authenticity and due execution of the loan notes executed by
defendant
11. Authenticity and due execution of the cash disbursement vouchers

ISSUES

1. Whether or not Defendant is indebted to the Plaintiff

2. The amount of indebtedness
3. Whether or not Plaintiff is Entitled to damages, attorney’s fees and
the amount thereof
4. Whether or not Plaintiff is entitled to preliminary attachment

DOCUMENTS OR EXHIBITS TO BE PRESENTED

1. Application for Loan No. 515 dated November 3, 2014 is respectfully

requested to be presented in order to establish that the Defendant
transacted a loan with the plaintiff
2. Loan Note No. 619 dated December 5, 2014 is respectfully requested
to be presented in order to establish that the loan was approved by
the plaintiff, that Defendant obtained certain sums of money from
the Plaintiff and that the loan is due and demandable within one (1)
year from the time it was approved
3. Cash Disbursement Voucher No. 268 dated December 5, 2014 is
respectfully requested to be presented in order to corroborate the
evidence presented in No 2.
4. Demand Letter dated December 10, 2015 is respectfully requested to
be presented in order to establish that the Plaintiff sent a demand to
pay the transacted a loan with the plaintiff
5. Demand Letter dated January 15, 2016 is respectfully requested to be
presented in order to establish that the Plaintiff sent a demand to pay
the transacted a loan with the plaintiff
6. Deed of Absolute Sale No. 3646243 obtained from the Register of
Deeds in Quezon City is respectfully requested to be presented in
order to establish that the Defendant sold his Family Home and its
contents in order to evade the payment of his obligations with intent
to defraud his creditors
7. Credit Policies and Other Rules and Regulations of the Plaintiff is
respectfully requested to be presented in order to establish that the
Defendant violated the terms of the loan agreement

AVAILMENT OF MODES OF DISCOVERY

Plaintiffs reserve the right to avail of the modes of discovery in

addition to the aforementioned request for stipulation

WITNESSES

1. Loan Officer or officer/employer connected with the loan/credit

department of the Plaintiff is respectfully requested to be presented
as a witness. The substance of her testimony seeks to establish the
identity of the Defendant; that Defendant executed a loan with the
Plaintiff; that the loan was approved; that Defendant received sums
of money from the Plaintiff; that Defendant defaulted in payment of
her loan obligation and that Defendant has not yet paid her loan
obligation.
2. Register of Deeds of Quezon City is respectfully requested to be
presented as a witness. The substance of his testimony seeks to
establish that defendant who disposed of his Family Home and its
contents, as evidenced by Deed Absolute Sale No. 3646243 with
intent to defraud his creditor.
 LAWS AND JURISPRUDENCE RELIED UPON

The Plaintiff grounds its claim on the provisions of the New Civil
Code, the Revised Rules of Civil Procedure and other related laws and
pertinent jurisprudence

PROPOSED TRIAL DATES

It is respectfully requested that the available hearing dates of Plaintiff

will be based on dates available to both parties and the Honorable Court.

RESPECTFULLY SUBMITTED.

ATTY. MEG S. MADRID

COUNSEL FOR PLAINTIFF
XYZ Law Firm
Fairview, Quezon City
Roll No. 01279408
PTR No. 64965557 – 01/05/2017
IBP No. 761988 – 01/05/2017
Both in City of Manila
MCLE Compliance No. 0034255
Copy furnished:
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 69
Quezon City

Atty. Toshiba D. Asus

Counsel for Defendant
ABC Law Firm
Quezon City
 EXPLANATION

Copies of the foregoing brief were served to defendant’s counsel

through registered special mail considering the distance between the
address of Defendant’s counsel and the undersigned counsel. Moreover, the
office of the undersigned has no personnel to effect personal service to the
defendants.