Pre Trial Brief

Republic of the Philippines
REGIONAL TRIAL COURT

5th Judicial Region
Branch 10
Legazpi City
AB C. IGNACIO,
Plaintiff, CIVIL CASE NO.___________
- versus – FOR: SUM OF MONEY
DE X. FORTUN
Defendants
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief for compliance with
this Honorable Court’s order on January 15, 2021, as follows:
I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Provided that defendant is open to settling this dispute amicably, subject to a concrete
proposal that is fair and reasonable from and a reciprocal manifestation of openness from plaintiff.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1 That Defendant admits that he loaned money in the amount of THREE HUNDRED
FIFTY THOUSAND PESOS (P350, 000.00) on September 25, 2020 and the terms contained in
the promissory note.
2.2 Plaintiff claims that defendant failed to pay the second monthly installment on
November 25, 2020 and the defendant refused to pay despite the receipt of several demand letters.
2.3 Defendant raise as a defense that payment was already made to Ab C. Ignacio through
Xy Torre, his representative, on November 25, 2020 and December 25, 2020 in a coffee shop in a
mall in Legazpi City.
2.4 That Ab C. Ignacio gave a receipt to the defendant as proof of receipt of payment.
2.5 That Xy Torre, representative of the defendant signed the said receipt.
2.6 That Defendant did not receive any demand letter from the Plaintiff on the dates that
plaintiff stated. And that the signature of the Defendant was forged.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in their Answer such as the loan of the money
in the amount of THREE HUNDRED FIFTY THOUSAND PESOS (P350, 000.00) on September
25, 2020 and the terms contained in the promissory note.
3.2 Defendant admits that he paid the first monthly installment on October 25, 2020.
3.3 Defendant admit that the signature in the demand letter dated December 28, 2020 was
his signature but deny the content of the letter as it was not what he signed for.
IV. STATEMENT OF FACTUAL AND LEGAL ISSUE
Whether or not the second installment of the loan was paid and its corresponding legal
interest.
V. EXHIBIT MARKED AS DOCUMENT TO BE PRESENTED
5.1. Exhibit “1” – Acknowledgment receipt issued by the plaintiff to the defendant through
Mr. Xy Torre, the latter’s representative on November 25, 2020 to prove payment on the said date.
5.2. Exhibit “2” - Boarding pass and stamped passport of the defendant to prove that the
defendant cannot sign the demand letters because he was on a business trip to South Korea on the
dates the demand letters were allegedly received.
5.3. Exhibit “3” – Acknowledgment receipt issued by the plaintiff to the defendant through
Mr. Xy Torre, the latter’s representative on December 25, 2020 to prove payment on the said date.
5.4. Exhibit “4” - Acknowledgment of remaining balance letter wherein the defendant affix
his signature which was used by the plaintiff as a proof of receipt of the final demand letter dated
December 28, 2020 to prove that his signature was affixed in a different document, not final
demand letter.
5.5. Defendant reserves the right to present any and all documentary evidence not herein
listed, which shall become relevant to rebut plaintiffs’ claims in the course of trial.
VI. WITNESSES TO BE PRESENTED
6.1. Defendant intends to present the following witness:
6.1.1 The defendant himself to testify regarding the payment of the second and third
monthly installment, the forged signature in the demand letters and the
acknowledgment of remaining balance letter wherein the defendant affix his
signature which was used by the plaintiff as a proof of receipt of the demand letter
dated December 28, 2020.
6.1.2 Mr. Xy Torre, to establish that the defendant paid the second and third
monthly installment on November and December 2020, respectively, through him
as the representative.
6.2. The defendant reserves his right to present other witness not herein enumerated as may
be deemed necessary.
VII. RESORT TO DISCOVERY
7.1. Considering the relatively simple issues presented, defendant does not intend to avail
of discovery at this time;
7.2. Subject, however, to a concrete and reasonable request for discovery from defendant,
defendant reserves the right to resort to discovery before trial.
VIII. AVAILABLE TRIAL DATES
8.1. The defendant would depend on the date agreed upon during the pre-trial.
RESPECTFULLY SUBMITTED.
Legazpi City, January 15, 2021
Andrew T. Oliver
ATTY. ANDREW T. OLIVER
Rawis, Legazpi City
Attorney’s Roll No. 54654
IBP No. 927307, Legazpi 1-05-2021
PTR No.3202399, Legazpi City, 1-9-2021
MCLE Compliance No. 1110016263, 05-31-2020
Copy Furnished, in accordance with Section 3, Rule 13 of the Revised Rules of Court by
personal Service.
ATTY. ATTY. CRISANTO DELA CRUZ

JUSANTO, TOMAS & NARVASA LAW OFFICES
Counsel for the Plaintiff
ANST Building 2nd Floor, Washington Drive, Legazpi City 4500
Received on January 16, 2021
By Personal Service:
ATTY. ANTONETTE LUSTRE

Clerk of Court V
Exhibit “1”
AKNOWLEDGMENT RECEIPT
RECEIVED from DE X. FORTUN the sum total of Fifty One Thousand Two
Hundred Fifty Pesos (Php51,250), inclusive of the 2.5% interest due on the
principal amount, as first installment payment for the loan secured on September
25, 2020 amounting to Three Hundred Fifty Thousand Pesos, (Php350,000.00).
Issued this 25th of November 2020.
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
Representative of De X. Fortun
Exhibit “2”
FORTUN, DE X.
26 Nov 2020
Thursday
Exhibit “3”
Issued this 25th of December 2020.
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
EXHIBIT “4”
ACKNOWLEGMENT OF REMAINING BALANCE
I, DE X. FORTUN acknowledge the remaining balance of my loan from Ab C.

Ignacio in the amount of Two Hundred Thousand Pesos (P200, 000.00) after paying
three monthly installments.
Signed received/dated
D x Fortun
DE X. FORTUN
5th Judicial Region
Branch 10
Legazpi City
AB C. IGNACIO,
DE X. FORTUN
Defendants
JUDICIAL AFFIDAVIT OF
DE X. FORTUN
I, De X. Fortun of legal age, married, and living at 541 Cruzada St. Legazpi City, defendant
in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Julio Morales with address at Arimbay, Legazpi City. The
examination is being held at the same address. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false testimony and perjury.
This affidavit/testimony of petitioner De X. Fortun is being offered to prove that the he is not
indebted to plaintiff the sum of Three Hundred Fifty Thousand Pesos (Php 350,000.00). The
defendant’s testimony is also offered to prove that his signature in the promissory note was
forged.
1. Q. Please state your name and other personal circumstances for the record.
A. I am De X. Fortun, 30 years old, businessman residing in 541 Cruzada St. Legazpi City
2. Q. Are you the same De X. Fortun, the defendant in this case?
A. Yes sir.
3. Q. Do you know a certain Ab C. Ignacio?

A: Yes sir. I borrowed Three Hundred Fifty Thousand (P350,000.00) from him.
4. Q: When did you borrow money from Mr. Ignacio?
A: September 25, 2020
5. Q: Do you execute any instrument as proof that you borrowed money from him on the said date?
A: Yes sir. I executed a promissory note on the same date as mentioned earlier.
1. Q: What are the terms and conditions of the promissory note?

A: a. The principal loan obligation shall be payable in seven (7) monthly installments of Fifty
Thousand Pesos (Php50,000.00); b. Each installment shall earn an interest of 2.5% or One
Thousand Two Hundred and Fifty Pesos (Php1,250.00), which shall be paid together with the
monthly installment on the 25th of the month following the execution of the promissory note;
c. Failure to pay at least one monthly installment, together with its interest, will render the
remaining balance of the loan obligation immediately due and demandable.
6. Q: Did you pay the first monthly installment?
A: Yes sir.
7. Q: Did you pay the second monthly installment?
A: Yes sir. I paid the second monthly installment of Fifty Thousand Pesos (Php50,000.00)
together with an interest of One Thousand Two Hundred Fifty Pesos (Php1,250.00) or a total
of Fifty One Thousand Two Hundred Fifty Pesos (Php51,250.00) on November 25, 2020, as
evidenced by a receipt of the same date issued by the plaintiff and signed by Mr. Xy Torre my
representative who I authorized to pay. A copy of which is herewith attached and marked as
Exhibit “1”
8. Q: Did you received and signed any demand letters from Mr. Ignacio?
A: No sir.
9. Q: Did you received and signed any document from Mr. Ignacio?
A: Yes sir. The acknowledgment of the remaining balance for the loan. Attached is the copy of
said document as Exhibit “2”
9. Q: Did you pay the third monthly installment?
A: Yes sir. I paid the third installment on December 25, 2020 as evidenced by a receipt of the
same date issued by the plaintiff and signed by Mr. Xy Torre, my representative who I
authorized to pay. A copy of which is herewith attached and marked as Exhibit “3”
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of January 2021 at
Legazpi City.
D x Fortun
De X. Fortun
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Legazpi City
this 10th day of January 2021. Affiant personally came and appeared with Voter’s ID issued by
the COMELEC on July 13, 2020 at Legazpi City bearing his photograph and signature, known to
me as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Doc. No. ____ Commission Serial No. 123456
Page No. ____ Notary Public for Legazpi City
Book No. ____ Until December 31, 2021
Series of 20__ Office: Bagumbayan, Legazpi City
Roll No. 34567
IBP Lifetime Roll No. 12345-56; 05/05/19 ;Legazpi
PTR No. 123457 04/13/19; Legazpi
MCLE Compliance Cert. No. 45678; 04/04/20
I, Julio Morales, of legal age, Filipino, with postal address Arimbay, Legazpi City after
being duly sworn depose and say:
1. I was the one who conducted the examination of defendant De X. Fortun at my

aforementioned office in Arimbay, Legazpi City;
2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
3. I nor any other person then present or assisting her coached the witness regarding
her answers;
Legazpi City.
Julio Morales
ATTY.JULIO MORALES
Affiant
under penalty of law to the whole truth of the contents of said instrument.
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Roll No. 34567
PTR No. 123457 04/13/19; Legazpi
EXHIBIT“1”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
EXHIBIT “2”
ACKNOWLEGMENT OF REMAINING BALANCE
I, DE X. FORTUN acknowledge the remaining balance of my loan from Ab C.

Ignacio in the amount of Two Hundred Thousand Pesos (P200,000.00) after paying
three monthly installments.
Signed received/dated
D x Fortun
DE X. FORTUN
EXHIBIT “3”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
5th Judicial Region
Branch 10
Legazpi City
AB C. IGNACIO,
DE X. FORTUN
Defendants
JUDICIAL AFFIDAVIT OF
XY TORRE
I, Xy Torre of legal age, married, and living at Brgy. Baybay, Legazpi City, witness in this
case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Julio Morales with address at Arimbay, Legazpi City. The
examination is being held at the same address. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false testimony and perjury.
This affidavit/testimony of petitioner Xy Torre is being offered to prove that the defendant,
De X. Fortun has paid the second and third monthly installment of the loan in the amount of
P350,000.00 from Ab C. Ignacio.
1. Q. Please state your name and other personal circumstances for the record.
A. I am Xy Torre, 35 years old, residing in Brgy. Baybay, Legazpi City
2. Q. How are you related to Mr.Fortun?
A. I am his representative as evidenced by Special Power of Attorney herein attached as Exhibit
“1”
3. Q. Do you know a certain Ab C. Ignacio?
A: Yes sir. I paid him the second and third monthly installment of the loan of Mr. Fortun
4. Q: When did you pay him?
A: On November 25, 2020 and December 25, 2020.
5. Q: How did you pay him for the second installment?
A: I met him in a coffee shop in a mall in Legazpi City on November 25, 2020 and I handed
him the check as payment for second installment and he handed me the Acknowledgment
Receipt signed by him. I also signed and received the said receipt both his copy and Mr.
Fortun’s copy. Attached herewith is the Acknowledgment Receipt as Exhibit “2”.
6. Q: How did you pay him for the third installment?
A: Same as the second installment. I met him in a coffee shop in a mall in Legazpi City on
December 25, 2020 and I handed him the check as payment for third installment and he handed
me the Acknowledgment Receipt signed by him. I also signed and received the said receipt
both his copy and Mr. Fortun’s copy. Attached herewith is the Acknowledgment Receipt as
Exhibit “3”.
Legazpi City.
Xy Torre
Xy Torre
Affiant
under penalty of law to the whole truth of the contents of said instrument
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Roll No. 34567
PTR No. 123457 04/13/19; Legazpi
I, Julio Morales, of legal age, Filipino, with postal address Arimbay, Legazpi City after
being duly sworn depose and say:
2. I was the one who conducted the examination of defendant De X. Fortun at my

aforementioned office in Arimbay, Legazpi City;
3. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
4. I nor any other person then present or assisting her coached the witness regarding her
answers;
Legazpi City.
Julio Morales
ATTY.JULIO MORALES
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Legazpi City this 10th
day of January 2021. Affiant personally came and appeared with Voter’s ID issued by the
COMELEC on July 13, 2020 at Legazpi City bearing his photograph and signature, known to me
as the same person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.
A Tuazon
Atty. ADRIAN TUAZON

Notary Public
Roll No. 34567
PTR No. 123457 04/13/19; Legazpi
EXHIBIT“1”
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, De X. Fortun, single, of legal age, with residence and postal address at 541 Cruzada St. Legazpi
City do hereby APPOINT Xy Torre single, likewise of legal age, with postal address at Brgy
Baybay, Legazpi City as my rue and legal representative to act for and in our name and stead and
to perform the following acts:
1. To pay the monthly installment to a certain Ab C. Ignacio for my loan and the interest
in the amount of P350,000.00;
2. To demand, receive and sign the Acknowledgement Receipt for such payments;
3. To do all acts necessary to give effect to the foregoing authority.
Whereby giving and granting unto said attorney, full power and authority to perform each
and every act and thing whatsoever requisite or necessary to be done in and about the premises, as
fully to all intents and purposes as I might or could do if personally present and acting, and hereby
ratifying and confirming all that my said attorney shall lawfully do or cause to be done and virtue
of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day

of November 2020 in Legazpi City.
D x Fortun
DE X. FORTUN
Principal
Xy Torre
XY TORRE
Attorney in fact
BEFORE ME, personally appeared
Name ID No. Date/Place Issued
DE X. FORTUN 25845 July 31, 2020, Legazpi

XY TOREE 52848 May 4, 2020, Legazpi
Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and
deed.WITNESS MY HAND AND SEAL, on the date and place first above written.
Leila Escobar
ATTY. LEILA ESCOBAR
Rawis, Legazpi CIty
Attorney’s Roll No. 54785
IBP No. 951877, Legazpi 1-05-2021
PTR No.3966589, Legazpi City, 1-9-2021
MCLE Compliance No. 1252158, 05-31-2020
EXHIBIT“2”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE
EXHIBIT “3”
Ab C. Ignacio
AB C. IGNACIO
Received:
Xy Torre
XY TORRE

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Republic of the Philippines

REGIONAL TRIAL COURT

- versus – FOR: SUM OF MONEY

I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

IV. STATEMENT OF FACTUAL AND LEGAL ISSUE

V. EXHIBIT MARKED AS DOCUMENT TO BE PRESENTED

VI. WITNESSES TO BE PRESENTED

6.1. Defendant intends to present the following witness:

VII. RESORT TO DISCOVERY

VIII. AVAILABLE TRIAL DATES

Legazpi City, January 15, 2021

ATTY. ATTY. CRISANTO DELA CRUZ

ATTY. ANTONETTE LUSTRE

Issued this 25th of November 2020.

Issued this 25th of December 2020.

ACKNOWLEGMENT OF REMAINING BALANCE

I, DE X. FORTUN acknowledge the remaining balance of my loan from Ab C.

- versus – FOR: SUM OF MONEY

in this case, state under oath as follows:

2. Q. Are you the same De X. Fortun, the defendant in this case?

3. Q. Do you know a certain Ab C. Ignacio?

4. Q: When did you borrow money from Mr. Ignacio?

A: September 25, 2020

1. Q: What are the terms and conditions of the promissory note?

6. Q: Did you pay the first monthly installment?

7. Q: Did you pay the second monthly installment?

9. Q: Did you pay the third monthly installment?

Atty. ADRIAN TUAZON

1. I was the one who conducted the examination of defendant De X. Fortun at my

Atty. ADRIAN TUAZON

Issued this 25th of November 2020.

ACKNOWLEGMENT OF REMAINING BALANCE

I, DE X. FORTUN acknowledge the remaining balance of my loan from Ab C.

Issued this 25th of December 2020.

- versus – FOR: SUM OF MONEY

case, state under oath as follows:

P350,000.00 from Ab C. Ignacio.

A. I am Xy Torre, 35 years old, residing in Brgy. Baybay, Legazpi City

2. Q. How are you related to Mr.Fortun?

A. I am his representative as evidenced by Special Power of Attorney herein attached as Exhibit

3. Q. Do you know a certain Ab C. Ignacio?

A: On November 25, 2020 and December 25, 2020.

5. Q: How did you pay him for the second installment?

6. Q: How did you pay him for the third installment?

Atty. ADRIAN TUAZON

2. I was the one who conducted the examination of defendant De X. Fortun at my

Atty. ADRIAN TUAZON

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

3. To do all acts necessary to give effect to the foregoing authority.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day

BEFORE ME, personally appeared

Name ID No. Date/Place Issued

DE X. FORTUN 25845 July 31, 2020, Legazpi

Issued this 25th of November 2020.

Issued this 25th of December 2020.

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