REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

12th JUDICIAL REGION
KORONADAL CITY, BRANCH 13

BARBARA REYES,
Plaintiff,

- versus - Civil Case No. 12345

For: Collection of sum of money

ALICIA BERNAS,
Defendant.

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PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits his Pre-Trial Brief, as

follows:

A. STATEMENT OF FACTS AND CASE

Barbara Bernas borrowed money on January 7, 2019 from Alicia

Reyes, for the opening of her new poultry business. The money, amounting

to P2.7-million, was given by Alicia Reyes to Barbara Bernas through a

China Bank Check. Since the two are really close friends, no written

agreement was made on the loan.

 After one year, Alicia Reyes demanded from Barbara Bernas the

payment of the loan. Barbara alleging that the poultry business has yet to

make a profit, asked Alicia for the deferral of the payment next year. A

agreed but still, no written agreement was made on the payment scheme.

On January 10, 2021, Alicia demanded the payment from Barbara

Reyes, Barbara, again asked for deferral of the payment but Alicia insisted

on payment since she needed the money for her own business which is

suffering serious losses due to the pandemic Barbara failed to pay.

On January 16, 2021, Alicia sent a Final Demand Letter to Barbara

asking for the payment of the loan with 6% interest. Barbara contested the

demand letter stating that no interest was agreed between the two of them.

Barbara presented a check amounting to P2.7-million on August 21,

2021 but Alicia declined to receive the same since the interest payment

was not included. The continuing and refusal of defendant to pay the

amount of principal and interest compelled the plaintiff to file the present

case.
 B. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

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.

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, the amount of interest.

C. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. Plaintiff claims that defendant failed to pay the amount of TWO

MILLION SEVEN HUNDRED THOUSAND PESOS PESOS (Php

3,145,500) for the Loan obtained by the defendant.

D. ADMITTED FACTS
 All allegations indicated in the pleadings submitted by the plaintiff

E. ISSUES TO BE TRIED

Whether or not the plaintiff is entitled to the payment of interest as

agreed between the parties

F. EVIDENCE

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 belie defendants’ witnesses, if necessary.

G. RESORT TO DISCOVERY

Considering the relatively simple issues presented, plaintiff does not

intend to avail of discovery at this time; Subject, however, to a concrete and

reasonable request for discovery from defendant, plaintiff reserves the right

to resort to discovery before trial.

H. AVAILABLE TRIAL DATES

November 27, 2021, January 22, 2022, February 4, 2022

 RESPECTFULLY SUBMITTED.
Koronadal City. October 4, 2021

By:

Atty. Jannie Louise Rubin

Diaz Law Office
IBP # 0123456 4/25/21
PTR #789123 4/25/17 Koronadal Coty
ROA 8888
MCLE Compliance No. II 01-45678

Copy Furnished:
By Personal Service

Atty. Tesia Mandalo

M&M Law Office
75, Cruz-Taal St., General Santos City