Republic of the Philippines

MUNICIPAL TRIAL COURT

9th Judicial Region
Branch ___, Zamboanga City

ANGELA B. DATOLIO Civil Case No. 7885

- Plaintiff,
- for -
- versus -
Damages
ELVIRA E. VICENTE and
MARIBEL O. DATOLIO,
- Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMMENTS TO PLAINTIFF’S
PRELIMINARY CONFERENCE BRIEF

COME NOW Defendants, through counsel, unto this Honorable

Court, most respectfully submit their Comments to Plaintiff’s Preliminary
Conference Brief, and hereby assert that:

1. Altogether, Plaintiff’s case statement (Item I) and sole issue for

resolution (Item III) are plainly hypothetical, and clearly impugnable
by the evidences, because as records show that her complaint to the
barangay against herein Defendants was for collection of a sum of
money, its progression as a suit for damages is couched on a mere
supposition that the latter’s failure to settle their debt had a direct and
causal effect to her health complications; a mere proposition where
even her medical records do not prove such cause of action for the
filing of a damage suit;

2. Even the allegation of being humiliated during the confrontation

meeting between parties at the barangay is patently dubious as the
depictive circumstances thereof do not appear in the minutes of the
proceedings, it being the official record of all actionable incidents;

3. On Plaintiff’s proposed stipulation of facts, it is not admitted that she

is a neighbor of herein Defendants—i.e. the former is a resident of
Barangay San Roque, while the latter resident in Barangay
Cabatangan. Nonetheless, even if Defendant Maribel O. Datolio is a
kinfolk of Plaintiff, such relation presupposes familial trust and
assistance to one another, nurtured by liberality and reasonable
tolerance than by vindication. Although Plaintiff is obviously
begrudged by being unpaid of debt, Defendant Maribel O. Datolio
seeks no recoup from her selfless service to Plaintiff in the past when
the latter fell ill and desperately needed her nursing care;
 4. Defendants admit their monetary debt to herein Plaintiff which was
left unpaid on due date because of their meager finances as mere
housewives. This notwithstanding, Defendants made several tenders
of payment, partial and complete, which Plaintiff rejected in order to
initiate the filing of the instant case in anticipation of a greater profit;

5. On Plaintiff’s proffer of documentary evidences, herein Defendants

merely admit the existence and due execution of these medical records
—i.e. Annexes “A” to “E”—but nowhere thereon is a clinical
conclusion that affliction or aggravation of patient’s cancer may be
attributed to Defendants’ failure to pay their debt on time;’

6. Herein Defendants admit Plaintiff’s proffer of documentary evidences

labeled as Annexes “F”, “G” and “H”, but vehemently denies
Annexes “I”, and more emphatically, Annexes “J”, “L” and “K”, for
lack of sufficient knowledge or information to ascertain the veracity
thereof;

7. Finally, herein Defendants admit Plaintiff’s proffer of testimonial

evidences as they already formed part of her complaint in the instant
case.

WHEREFORE, premises considered, herein Defendants, through

counsel, most respectfully pray that this Honorable Court takes cognizance
of the filing of these Comments, its relevance and supplications, and to grant
other relief and remedies that are just and equitable under the circumstances.

Respectfully submitted this 6th day of February, 2023, in the City of

Zamboanga, Philippines.

ELVIRA VICENTE MARIBEL O. DATOLIO

Assisted by:

ATTY. YASSER HAKIM

Counsel for the Defendants
IBP O.R. No. 094221/01-02-2020/Zamboanga City
PTR O.R. No. 7457628/01-01-2020/Zamboanga City
Roll No. 5995
MCLE Compliance Certificate No. VI-0028619, until 4/14/2022

Copy furnished:

Atty. EUNICE MAE ANN T. SERNEO

Plaintiff’s Counsel
ALBA DECIN LATIP & ASSOCIATES
Ground Floor, BSC Tower
Veterans Avenue, Camino Nuevo
Zamboanga City

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