Republic of the Philippines

5TH JUDICIAL REGION

Regional Trial Court
Branch 9
Iloilo City

Marilou C Sanchez, Civil Case No. 123

Plaintiff

FOR: COLLECTION FOR A SUM OF

MONEY WITH DAMAGES

- versus –

Paolo D Cruz,
Defendant
x-------------------x

PRE-TRIAL BRIEF FOR THE DEFENSE

Defendant, through the undersigned counsel unto this Honorable Court,

hereby respectfully avers:

I. SUMMARY OF ADMITTED FACTS, PROPOSED

STIPULATION OF FACTS AND DEFENSES

The defendant hereby admits the following facts:

a. The identity of the private complainant, Marilou C Sanchez;

b. Facts alleged in the answer;

Furthermore, the defendant respectfully proposes the

following facts:

a. There is a Deed of Donation executed by the plaintiff on

February 8, 2020, wherein a Ford Ranger vehicle is donated to
the defendant.

b. The Deed of Donation were witnessed by Alexander Grande

and Gervonta S David.

c. The alleged promissory note has no signature of the defendant.

d. The demand letters were not received by the defendant.

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 II. ISSUE

a. Whether or not the plaintiff has cause of action against the

defendant;

b. Whether or not the plaintiff is liable to defendant for damages

III. EXHIBITS

A. Exhibit 1 - Deed of Donation dated executed on February 8, 2020

wherein the plaintiff donated a vehicle to the defendant. To
prove the reason why the plaintiff wanted to recover damages
from the defendant

B. Exhibit 2 – Promissory Note executed on January 1, 2019. To prove that

the defendant is not part thereof.

C. Exhibit 3 - Demand Letters executed on May 1, 2020; August 1, 2020;

June 1, 2020. To prove that the defendant did not receive the
said letters.

D. Exhibit 4 - Judicial Affidavit of Alexander M Grande. To prove the Deed of

Donation executed by the plaintiff.

E. Exhibit 5 – Judicial Affidavit of Gervonta S David. To prove the Deed of

Donation executed by the plaintiff.

IV. DISCOVERY PROCEDURE

The defendant will not avail the discovery procedure.

V. WITNESSES

a. Alexander M Grande, to testify on the Deed of Donation and the

contents of his judicial affidavit and strengthening the
defendant’s claim there is no cause of action against the
defendant.

b. Gervonta S David, to testify on the Deed of Donation and the

contents of his judicial affidavit and strengthening the
defendant’s claim there is no cause of action against the
defendant.

c. Defendant will testify to substantiate the allegations in the

answer

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 d. Two (2) reserved witnesses to corroborate the testimony of the
defendant.

Iloilo City, November 30, 2020.

RESPECTFULLY SUBMITTED.

ATTY. DINA SIA MACULANGAN

Counsel for Petitioner
Maculangan Law Office, Brgy Daga, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654467, 01/06/20, Iloilo City
IBP NO. 1234113, 01/04/20, Iloilo City
MCLE Comp. No. IV-0009876, 10/02/20

Copy furnished:

ATTY. PETER VON A. DE AGUA

Room 213, Marcos Bldg, Iloilo City

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WRITTEN EXPLANATION &
COPY FURNISHED TO:

THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 9, Iloilo City

ATTY. PETER VON A. DE AGUA

Counsel for the Defendant
Room 213, Marcos Bldg., Iloilo City

Greetings,

Please be informed that the foregoing Pre-Trial Brief was served to the
adverse counsel personally at his office. This is in compliance with Section 11,
Rule 13, of the Rules of Civil Procedure.

ATTY. DINA SIA MACULANGAN

Counsel for Petitioner
Maculangan Law Office, Brgy Daga, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654467, 01/06/20, Iloilo City
IBP NO. 1234113, 01/04/20, Iloilo City
MCLE Comp. No. IV-0009876, 10/02/20

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