Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Branch 2
City of San Fernando, La Union

MONA L. PAPA,
Plaintiff,
-versus-

NESTOR POL,
Third Party Plaintiff,
-versus-
SPOUSES ANGELITO AND ZENAIDA ALVIAR
AND RICO NACARIO
Third Party Defendants.
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CIVIL CASE NO. 12345

FOR: DAMAGES BASED ON QUASI-DELICT
OR VIOLATION OF ARTICLE 2176 OF
THE NEW CIVIL CODE

PRE-TRIAL BRIEF

THIRD PARTY PLAINTIFF, by counsel, respectfully submits his Pre-

Trial Brief, as follows:
I. POSSIBILITY OF STATEMENT
Without waiving the Third Party Plaintiff’s rights or defenses,
they are open for any reasonable proposal of amicable
settlement of the case.

II. BRIEF STATEMENT OF CLAIMS

a. Third Party Plaintiff claims that he had observed an utmost
and extraordinary care and diligence to ensure the safety of
his passengers. However, as established in the Police
Investigation Report, the 10 wheeler truck owned by Spouses
Alviar and driven by Nacario, who was then travelling on the
opposite direction, swerved to the left and encroached the
lane of the PUJ driven by the Third Party Plaintiff.
b. As a result thereof, the 10 wheeler truck collided with the PUJ
causing injury to the driver Hermogenes Yapit and death of
Erlinda Papa.
c. The lack of care, negligence and reckless imprudence of
Rico Nacario, herein Third Party Defendant, are the direct
and proximate causes of Yapit’s injuries and Erlinda Papa’s
death.
d. Third Party Plaintiff now claims that Spouses Alviar and Rico
Nacario be impleaded as Third Party Defendants and all
sums that may be adjudged agaist Nestor Pol, herein Third
Party Plaintiff, together with all costs incidental to the defense
of the principal suit be demanded against the Third Party
Defendants.

III. STIPULATION OF FACTS

Third Party Plaintiff admits only those facts stated in the Third
Party Complaint and in the Answer and specifically denies all
allegations presented by the Defendant and Third Party
Defendants except for those of their personal circumstances.

IV. DOCUMENTARY EVIDENCE

ANNEX 1 – COPY OF THE POLICE BLOTTER
ANNEX 2 – SKETCH OF THE SCENE OF THE VEHICULAR
ACCIDENT
ANNEX 3 – CERTIFICATION OF REGISTRATION OF THE
PUJ OWNED BY THIRD PARTY PLAINTIFF

V. WITNESSES
a. Marie Estefa V. Biloc – Owner of the house near the place
where the vehicular accident occurred. To testify on what she
saw on October 13, 2014 as eyewitness of the accident.
b. Jose Carlito De Guzman – Another eyewitness of the
vehicular accident.
 c. SPO2 George Dela Cruz and SPO2 Paul Mineses – PNP
members who responded at the scene. They will testify about
what they found out upon responding to the scene.

VI. ISSUES
1. Whether or not the reckless imprudence of the 10 wheeler
truck driver, Rico Nacario, is the proximate cause of the
injuries of Yapit and death of Papa.
2. Whether or not the Third Party Defendants shall subrogate
the Original Defendant and Third Party Plaintiff the liability
asserted against him by the original Plaintiff.

VII. AVAILABLE TRIAL DATES

November 10, 2019, November 17, 2019, November 25, 2019

RESPECTFULLY SUBMITTED
November 4, 2019, San Fernando City.

ATTY. PETRA CABARO

Notary Public
My Commission Expires:_________
Roll of Attorney NO.: __________
IBP No.: ___________
PTR No. ____________
MCLE No.: __________