Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch 06, Manila City

CELIA E. LEUTERIO,
Plaintiff,

-versus- Civil Case No. 178257

DANNY VER DE LA CUESTA,

Defendant.
x-----------------------------------------x

PRE-TRIAL BRIEF

PLAINTIFF CELIA E. LEUTERIO, represented by the undersigned Law

Offices, unto this Honorable Court, most respectfully submits its Pre-Trial Brief as

follows:

AMENABILITY TO AMICABLE SETTLEMENT

Plaintiff is amenable to any reasonable proposals from the defendant to settle

his account and vacate the subject premises if only to immediately dispose of this case

through a judicially approved compromise agreement. In this regard, plaintiff is also

willing to submit the instant dispute to mediation/arbitration.

ADMISSIONS OF FACTS

Other than those alleged and admitted in the Complaint 18 May 2004, plaintiff

has no other admissions to make.

1
 PROPOSED STIPULATIONS OF FACTS

That defendant has unpaid rentals in the amount of PhP233,000.00 as of May

2004.

That defendant received the demand letters sent by plaintiff, through counsel,

for him to vacate the subject premises and to pay the unpaid rentals.

That defendant refused to comply with the afore-said demands and continues

to occupy and enjoy the premises despite the expiration of the Contract of Lease dated

29 August 2001.

ISSUE

Whether or not plaintiff is entitled to his claims against the

defendant.

DOCUMENTARY EXHIBITS

 Contract of Lease dated 29 August 2001;

 Certification Issued by Brgy. 759, Zone 82, District V, Manila City dated 03

June 2003;

 Letter dated 16 May 2003;

 Letter dated 03 June 2003;

 Statement of Account dated 02 June 2003;

 Demand Letter dated 16 June 2003;

 Demand Letter dated 18 June 2003;

 Demand Letter dated 11 July 2003;

 Demand Letter dated 26 August 2003;

2
  Metrobank Check Nos. 1920124529, 1920124528, 1920124527, 1920124525

dated 15 August 2003, 02 September 2003, 18 September 2003 and 03

October 2003, respectively;

 Demand Letter dated 15 January 2004;

 Demand Letter dated 31 March 2004.

WITNESS AND ABSTRACT OF HER TESTIMONY

1. MRS. CELIA E. LEUTERIO will attest in her affidavit all the factual

allegations in support of her claims in her Complaint dated 18 May 2004.

RESPECTFULLY SUBMITTED. Quezon City for the City of Manila, 24

May 2004.

SOLIVEN CASTILLO & ESCOBEDO

Law Offices
Unit 404 Tower A, The Regalia Park Towers
150 P. Tuazon Blvd., Araneta Center
Cubao, Quezon City

ALEXIS M. ESCOBEDO
Roll of Attorney No. 46807
PTR No.: 50460816: 13.01.04: Q.C.
IBP No.: 007082: 13.01.04: Sorsogon

Copy furnished:

Danny Ver De la Cuesta

Defendant
De la Cuesta Design
1289 P. Ocampo Street
Malate, Manila City
Metro Manila

3
4