Nathaniel Niño A.

Tang Remedial Law Activity 5

SAMPLE SCENARIO:

MADAMI PERA is engaged in the business of leasing motor vehicles.

TAKBO KOTSE leased a Hyundai Accent from MADAMI PERA. TAKBO KOTSE
was going to use the same as a grab car. They entered into a one (1) year
lease contract with monthly payments due at the end of each month.
TAKBO KOTSE failed to pay the last two lease payments. The contract
thereafter expired. MADAMI PERA demanded the return of the car together
with the unpaid lease payments with late payment charges. TAKBO KOTSE
refused to return the same.
MADAMI PERA was forced to seek legal advice. An action was filed in
the Regional Trial Court of Legazpi to seek recovery of the car together with
the unpaid rentals with late charges fees. MADAMI PERA also seek to recover
lost income together with attorney’s fees.
TAKBO KOTSE thereafter filed his answer. He specifically denied the
allegations contained in the complaint. His defense is that MADAMI PERA
and him went to a drinking session at Wacky’s Republic, Legazpi City. Then
and there, they agreed that the lease contract is extended by another six
months. MADAMI PERA denied going to a drinking session, much more an
extension of contract.
 Republic of the Philippines
REGIONAL TRIAL COURT
5th Judicial Region
Branch 9
Legazpi City, Albay

MADAMI PERA Civil Case No. 2562

Plaintiff, FOR: REPLEVIN WITH
DAMAGES
-versus-
TAKBO KOTSE
Defendant
x------------------------------x

WRITTEN INTERROGATORIES

TO: TAKBO KOTSE, Defendant

FROM: MADAMI PERA, Plaintiff

Instructions
Pursuant to Rule 25 of the Rules of Court, you are requested to answer
within fifteen (15) calendar days after service the following interrogatories.
a) Pursuant to Section 2 Rule 25, the answer shall be fully in writing and shall
be signed and sworn to by you.
b) Also pursuant to Section 2 Rule 25, you shall file and serve a copy of the
answers within fifteen (15) calendar days after service thereof, unless the
court on motion and for good cause shown, extends or shortens the time.
c) If in answering these interrogatories, you encounter any ambiguities in
construing a question, instruction, or definition, set forth the matter deemed
ambiguous and the construction used in writing.
Definitions
a) Where the name or identity of a person is requested, please state the full
name, home address, and also business address, if known.
b) Unless otherwise indicated, these interrogatories refer to time, place, and
circumstances of the occurrence mentioned or complained of in the
pleadings.
c) Where knowledge of information or possession of a party is requested,
such request includes knowledge of the party’s agents, representatives and,
unless privileged, his attorneys.
d) The pronoun “you” refers to the party whom these interrogatories are
addressed, and the persons mentioned in clause (c).

Interrogatories
1. Please state the name, address and your relationship with the person who
helped you in the preparation of this document.
2. Is plaintiff the owner of a 2016 Hyundai Accent with Chassis No. 4856A?
3. When did you start to possess the Hyundai Accent?
4. Are you still possessing the said Hyundai Accent?
5. Do you have documentary proof that you are still in possession of the
property?
6. How much was the monthly rate for the said lease?
7. What are the terms of the rental agreement?
8. What proof do you have to verify your agreement with the plaintiff?
9. Was there any agreement not reduced in writing? State the agreement if
any.
10. Who else were present when you entered into the lease contract? State
the names and addresses of persons you have knowledge of.
11. Did defendant ever fail to pay on time? State the date of each late
payment and amount of late payment charges, if any.
12. When was your last payment?
13. Are there any outstanding unpaid balances? State the reasons why they
are outstanding, in any.
14. Did the parties modify the lease agreement during its existence? State
the date and modifications, if any.
15. What proof do you have to verify your modified agreement, if any, with
the plaintiff?
16. Did plaintiff send you a demand letter upon or at any time after the
expiration of the Contract of Lease?
17. Did you surrender the Toyota Hilux to plaintiff upon demand? State your
reasons if you did not.
18. Are you a frequent visitor of Wacky’s Republic located at Legazpi City?
State frequency of visit, in case.
19. Do you know any of the personnel or staff there? State the names and
addresses of persons you have knowledge of.
20. Did you have a drinking session(s) with plaintiff? State the date and time,
if any.
21. What circumstance(s) lead to the drinking session(s) with plaintiff?
22. What discussions did you have with plaintiff? State the nature thereof.
23. Who else were with you during the drinking session(s)? State the names
and addresses of persons you have knowledge of.
24. Did you go home or to some other place after the session? State the
address of place and the names and addresses of persons who brought you
there, if any.
25. Were there persons present in the place you went to after the session?
State the names and addresses of persons you have knowledge of.

Legazpi City, Albay, Philippines. January 23, 2021

ANNA JUANA MARIA
ATTY. ANNA JUANA MARIA
Counsel for Plaintiff
Maria Law Office, Gogon, Legazpi City
marialawoffice@gmail.com
Office Tel No. (052)-742-65-89
Roll of Attorneys No. 75462
PTR NO 456895, dated 01/04/21, Legazpi City
IBP OR NO 156896 dated 01/04/21, Legazpi City
MCLE Comp. No. IV-0004856, dated 01/02/20