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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

JOSE MANUEL C. BUENCAMINO,

Petitioner,

Civil Case No. 11112020

FOR: Collection of Sum of Money
- versus -

ALEJANDRO MIGUEL O. MALVAR,

Defendant.

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PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Defendant is open to settling this dispute amicably, subject to a concrete proposal
that is fair and reasonable and a reciprocal manifestation of openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully
submits that the desired terms of any amicable settlement would involve, first, an
admission of amount due and owing to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant failed to pay the debt amounting to ONE MILLION
PESOS (Php 1,000,000.00).

2.2 The defendant admitted that he borrowed 1 Million Pesos (P 1,000,000.00) on July 1,
2019 from the complainant but agreed only six percent (6%) per annum as an interest
rate, prescribed by law.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. The defendant denies the allegation in paragraph 6, as to the repeated demands, both
written and verbal having no personal contact with the plaintiff;
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3.2 That defendant is without knowledge or information sufficient to form a belief as to

the veracity of the averments in paragraph 7, 8, 9, 10, 11, 12 and 13 of the complaint;
3.3 That defendant has no intention to refuse and neglect the obligation to the plaintiff;

IV. ISSUES TO BE TRIED

4.1 Failure of the defendant to pay debt in the amount of ONE MILLION PESOS (Php
1,000,000.00).

V. EVIDENCE

51. Defendant intend to present as evidence the statement of Juan dela Cruz;

5.2. defendant also intend to present as evidence the written contract with regards with
the debt acquired from plaintiff.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, defendant does not intend to avail
of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES

December 17, 2020, December 18, 2020, December 21 2020 and January 4, 2021

ALEJANDRO MIGUEL O. MALVAR,

Defendant.
ALOMBRO, JIMENEZ AND LEONOR LAW OFFICE
Counsel for the Defendant
Suite 258 The Tower
Diliman, Quezon City

By:
Charizza Camille Alombro
Roll No. 98765
IBP No, 12345/1-3-2019/Quezon City
PTR No. 34567/1-3-2019/Quezon City

Eliezer Jimenez
Roll No. 98764
IBP No, 12344/1-3-2019/Quezon City
PTR No. 34564/1-3-2019/Quezon City
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Leonor Leonor
Roll No. 98766
IBP No, 12346/1-3-2019/Quezon City
PTR No. 34566/1-3-2019/Quezon City

Copy furnished:
ATTY. Christian Emmanuel Rey
Counsel for the Petitioner
ATTY. Paolo Portugalete
Counsel for the Petitioner
ATTY. Reymart Lopez
Counsel for the Petitioner
157 P. Tuazon Cubao, Quezon City

EXPLANATION

Copy of the foregoing PRE-TRIAL BRIEF was served to plaintiff’s counsel by

registered mail due to time and distance constraints and for lack of the undersigned’s staff
who can serve the same in person.

ALOMBRO, JIMENEZ AND LEONOR LAW OFFICE