Republic of the Philippines

7th Judicial Region

MUNICIPAL TRIAL COURT
Loon, Bohol

SUZETTE GIMPAYAN MAXWELL Civil Case No. 337

Plaintiff, For: Specific Performance
and Damages
-versus-

MARIA NONA CUA CASTROJO

Defendant.
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PRE-TRIAL BRIEF
(FOR THE PLAINTIFF)

COMES NOW, the plaintiff SUZETTE GIMPAYAN MAXWELL,

hereinafter referred as MAXWELL for brevity, through the
undersigned counsel, unto this Honorable Court, most
respectfully submits this Brief:

SUMMARY OF FACTS

On April 12, 2017 at about 12:20 o’clock in the afternoon,

MAXWELL’s brother, JOHN HEINZ R. GIMPAYAN (“GIMPAYAN”),
was driving a motorcycle which was owned by plaintiff
MAXWELL, with back-rider SERILYN C. MENDEZ, somewhere
along a barangay road at Moto Sur, Loon, Bohol. Upon
reaching an intersection, GIMPAYAN stopped the motorcycle
to give way to an incoming Isuzu Navarra vehicle (“Navarra”)
which was driven by the defendant. However, despite having
completely halted, the motorcycle, with GIMPAYAN and
MENDEZ riding it, was suddenly hit by the Navarra, causing the
motorcycle to fall down, and its riders sustained injuries as a
result of the accident.

The incident was immediately reported to the PNP-Loon

Station and police officers came and conducted an
investigation. Still on the same day, GIMPAYAN and the
defendant both appeared before the police station and came
to an agreement that the defendant will shoulder the medical
expenses of GIMPAYAN, and as well as the repair of the
damaged parts of the motorcycle. Everything was recorded in

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the Police Record, including the Agreement, and such were
signed by both GIMPAYAN and the defendant.

Initially, the defendant gave GIMPAYAN the amount of

SEVEN HUNDRED PESOS (P700.00) only, for the medical
expenses. Eventually, GIMPAYAN had the motorcycle checked
by Du Ek Sam and asked for a quotation of the repair expenses.
The estimated amount provided by Du Ek Sam was THIRTY TWO
THOUSAND SIX HUNDRED TWENTY NINE PESOS (P32,629.00).
Hoping that defendant would be faithful to the Agreement she
signed on the police record, GIMPAYAN asked the defendant
for the amount on the quotation, however, defendant refused
to pay without any reason, failing to make true to her word in
shouldering the repair expenses. Such adamant refusal of
defendant to tender any amount for the repair of the
motorcycle, despite repeated demands, has prompted the
plaintiff to file a complaint for specific performance and
damages. Plaintiff, being the registered owner of the
motorcycle, is prejudiced by such dishonest and unreasonable
act of the defendant.

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

AND/OR TO SUBMIT THE CASE TO ANY OF THE
ALTERNATIVE MODES OF DISPUTE RESOLUTION

Plaintiff is open to a settlement of the instant case. Plaintiff

is likewise willing to submit the case to any of the alternative
modes of dispute resolution if only to hasten the settlement and
resolution of the instant case.

ADMISSIONS AND STIPULATIONS

Plaintiff admits the following:

1. That the plaintiff is the registered owner of the motorcycle

subject of this case, with Certificate of Registration No.
239562433 and Official Receipt No. 873014181;

2. That the defendant gave SEVEN HUNDRED PESOS

(P700.00) to GIMPAYAN to be used for medical expenses.

Plaintiff proposes stipulation of the following:

1. That the defendant’s signature on the police record is

genuine and that she was not forced, intimidated nor

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 threatened when she signed the said record, which
included the Agreement;

2. That the plaintiff’s counsel sent a demand letter dated

June 15, 2017 addressed to the defendant, and the latter
has received it as per the Registry Return Receipt;

3. That plaintiff tried to demand and settle this matter with

the defendant at the barangay level, however, the
defendant still refused to pay.

EVIDENCE TO BE PRESENTED

Documentary Evidence

Exhibit Title Purpose

No.
1 LTO Certificate of To prove that plaintiff
Registration and MAXWELL is the registered
Official Receipt of owner of the motorcycle and
the motorcycle the motorcycle was duly
registered with the LTO when
the incident happened
2 Police Report To prove that the incident
was duly reported to the
police station and police
officers have conducted an
investigation.
3 PNP Sketch
4 Police Record To prove the Agreement
entered into between
GIMPAYAN and the
defendant that defendant will
shoulder the expenses for the
repair of the motorcycle.
5 Du Ek Sam Price To prove the amount for the
Quotation repair of the motorcycle.
6 Certificate to File To prove that the plaintiff
Action issued by the and defendant have
Office of the Lupong appeared before the Punong
Tagapamayapa Barangay/Lupon in
compliance with the
Katarungang Pambarangay
Law with the hope to settle the

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 case by defendant’s payment
of the amount of P32,629.00
however, defendant refused
to pay hence, mediation
failed and the Certificate was
issued.
7 Demand Letter sent To prove that the plaintiff
by plaintiff’s counsel exerted earnest efforts to
addressed to demand from the defendant
defendant in a most civil and formal way
outside the court, however,
defendant still refused to pay.
8 Postal registry To prove that the demand
receipt and Registry letter was sent through
return receipt registered mail and that
defendant received it.

Testimonial Evidence

Witness Purpose
Plaintiff To testify matters alleged in the
SUZETTE GIMPAYAN Complaint.
MAXWELL
To testify on the events which took
Plaintiff’s mother, place during the confrontation of the
JOCELYN REQUINA plaintiff and/or JOHN HEINZ GIMPAYAN
GIMPAYAN and the defendant at the barangay
hall.
To testify pertaining to his investigation
Police Officer of the incident, the genuineness of the
PO1 JADE VINCENT signatures of the parties in the
SOLON Agreement and to identify records,
among others.

Plaintiff reserves the right to present additional exhibits

and testimonies as may be necessary for her defense and the
exhibits to be marked during the progress of the trial.

MANIFESTATION AS TO AVAILMENT OF MODES OF

DISCOVERY OR REFERRAL TO COMMISSIONERS

1. Plaintiff will avail the appropriate modes of discovery at

the proper time.

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2. Plaintiff is amenable to the referral of the case to a
competent and impartial trial commissioner if necessary.

MOST RESPECTFULLY SUBMITTED.

Tagbilaran City, Bohol, _______________.

ATTY. GERALDEE FRANCES M. CLOMA

Counsel for the Plaintiff
0181 A. Hontanosas Extension
Tagbilaran City, 6300, Bohol, Philippines
Roll No. 66794 : May 23, 2017/IBP No. 005845
MCLE Compliance Exempt
PTR No. 0420597: 06-01-2017: Tagbilaran City
TIN: 239-218-809
Mobile No. 09326019437

Copy furnished by Registered Mail:

ATTY. DIONISIO A. GALIDO Reference No.

Galido Law Office
2/F Rose Building, CPG Avenue Date mailed:
Tagbilaran City

EXPLANATION OF NON-PERSONAL SERVICE

ON ATTY. DIONISIO A. GALIDO

Defendant’s counsel was sent a copy of this Pre-trial Brief

by registered mail in lieu of personal delivery that cannot be
effected due to distance between offices and/or due to lack
of manpower.

GERALDEE FRANCES M. CLOMA

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