Republic of the Philippines

REGIONAL TRIAL COURT

City of Iloilo
Branch 05

Kim L. Lopez
Plaintiff,

-Versus- Civil Case No. 1234

For: Collection of Sum
of Money

Mike G. Santos
Respondent

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PRE-TRIAL BRIEF

PLAINTIFF, 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 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.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 The defendant failed to pay the one percent interest (Php
20,000.00) to be paid at the end of each month over a period of
six months, with the full loan balance of Php2,000,000 to be
paid on the last day of sixth months. Up to the present, the said
interest is continuously increasing due to the delay of payment.

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 Even after numerous and repeated demands, the defendant still
disregards the notice sent to him.

2. 2 The plaintiff now institutes this action against the

defendant for not paying his loan plus the interest as agreed by
both parties.

2.3 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 second, a schedule of payments.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1 Plaintiff admits the personal circumstances of the parties as

stated in the compliant only.

IV. ISSUES TO BE TRIED

4.1 Whether or not, the defendant is guilty of violating the B.P.

22.

V. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

5.1 Exhibit A- A copy of the Contract of Loan between plaintiff

and defendant on December 01,2019 before the plaintiff
handed the manager’s cheque to the defendant.
5.2 Exhibit B- A photo taken by a mobile phone camera of the
said manager’s cheque.

5.3 Exhibit C- An acknowledgement from the bank confirming

the issuance of the said manager’s cheque.

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 5.4 Exhibit D- A certified copy of the bank account statement
against which the cheque was withdrawn, showing bank
transaction from November 2019 to July 2020, confirming the
encashment of cheque under defendant’s name dated
December 01, 2019 from the BPI Branch- Solis Street, Iloilo
City.

5.5 Exhibit E- A copy of acknowledgement receipt signed by the

house helper of the defendant that she had received the letter.

5.6 Exhibit F - A machine copy of the demand letters sent by

the plaintiff’s counsel to the defendant.

5.7 Exhibit G – A certification from Banco De Oro-SM City

Branch in Mandurriao, Iloilo City informing the plaintiff that the
check cannot be honored because the link account was
inactive.

The plaintiff reserves his right to present other documents not

herein listed as may be deemed necessary.

VI. WITNESSES TO BE PRESENTED

6.1 The plaintiff himself – to testify regarding the case.

6.2 Salvacion T Gepilga- defendant’s house helper.

Defendant reserves the right to present other witnesses not

herein enumerated as deemed necessary.

VII. AVAILABLE TRIAL DATES

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The plaintiff would depend on the dates agreed upon during the pre-
trial.

RESPECTFULLY SUBMITTED.
Iloilo City, 28 MAY 2021.

ATTY. REYNALD L. TORRES

Counsel for Plaintiff
Paro Torres Astrologo Law Firm
Iznart Street, Iloilo City
5000
Telephone No. 123-4567
Roll No. 123456
IBP No. 12345, 05/15/21, Iloilo
City
PTR No. 1234567, 05/15/21
Iloilo City
MCLE Compliance No. V1234567

A Copy furnished by registered mail:

ATTY. AL JOE D. ROGELIO

Counsel for Defendant
Notary Public
Corner-Jalandoni
Ledesma, Street
Iloilo City
Roll No. 64784
IBP No. 69885, 5/17/2021
PTR No. 685423, 5/17/2021

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