Republic of the Philippines

Regional Trial Court

11TH Judicial Region
Branch 31
Tagum City

REBECCA C. SAGOT,
Plaintiff.

-versus- CIVIL CASE NO. 147425

For Collection of Sum of Money

DEE D. SILVA,
Defendant.

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PRE-TRIAL BRIEF

DEFENDANT, by counsel and through this Honorable court, respectfully submits his Pre-
Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1. Plaintiff 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,

2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff 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

1. Plaintiff claims that defendant failed to pay the purchase price of ONE MILLION FOUR
HUNDRED EIGHTY THOUSAND PESOS (Php 1,480,000.00) for the Toyota Rush SUV
Type delivered to the defendant.

2. Defendant raise as defenses that no sale ever transpired and that the vehicle
delivered to her was Toyota Wigo and not Toyota Rush. Also the signature appeared on
the checks issued to Mrs. Rebecca C. Sagot were forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Defendant admits only those facts stated in their Answer, i.e., their personal
circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED

Plaintiff submits that the following issue is subject to proof:

1. The defendant’s checks as the cause for the account’s closure and forgery of the
signature

2. Defendant submits that the following issues are subject to proof:

2.1. There was a contract of sale with the plaintiff.

V. EVIDENCE

Plaintiff intends to present the following witnesses:

1. Ms. Rosalinda Dionio, to establish that the plaintiff and defendant actually met at the
Toyota Show Room, Tagum City, that the Toyota Rush SUV vehicle was the subject
matter of a contract of sale between the plaintiff and defendant, and that the defendant
paid in cash FOUR HUNDRED THOUSAND PESOS (Php 400,000.00) and issued the
checks covering the balance;
2. Ms. Relyn Gallardo, manager of the Toyota Tagum Branch, as witness to the meeting
and the transaction;
 3. Plaintiff reserves the right to present any and all documentary evidence, which shall
become relevant to rebut defendants’ claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belief defendants’ witnesses, if
necessary.

VI. RESORT TO DISCOVERY

1. Considering the relatively simple issues presented, plaintiff does not intend to avail of
discovery at this time;
2. Subject, however, to a concrete and reasonable request for discovery from defendant,
plaintiff reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial conference to
dates most convenient to this Honorable Court and to all parties.

Respectfully submitted.

October 3, 2020, Tagum City.

ATTY. APRIL JULIE MAE P. GONZAGA

Counsel for the defendant