REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION PASIG CITY BRANCH 72 SPS. DR. PAUL ED DELA CRUZ ORTIZ and DR. JENNIFER MANINANG ORTIZ, Plaintiffs, CIVIL CASE NO. M- PSG-22-03933-CV - versus - For: Civil Action for Damages / Breach of Contract BANGKAPRO AQUATICS, INC. and ROMEO T. ORIO and its Officers, FILIPINA RECATO and MARIE C. CANSEKO, Defendants. x. aX PRELIMINARY CONFERENCE BRIEF PLAINTIFF SPS. DR. PAUL ED DELA CRUZ ORTIZ and DR. JENNIFER MANINANG ORTIZ, by and through counsel unto this Honorable Court, respectfully submit this Preliminary Conference Brief, which state: STATEMENT OF FACTS 1. Sometime in June 2021, Defendant BangkaPro Aquatics, Inc.' made an offer for the supply and delivery of one (1) unit of Marlin 760 Half Cabin with two (2) units of ME-150CXL 4s EF! Mercury 150HP 4 Stroke, Forward Control, Electric Start, Extra Long Shaft with Standard and Counter Rotation (“Subject Marlin Boat’), for a Contract Price of Three Million Nine Hundred Ninety-Nine Thousand Eight Hundred Fifty Pesos (P3,999,850.00) plus delivery fee of Thirty-Five Thousand Pesos (P35,000.00) or a Total Contract Price of Four Million Thirty-Four Thousand Eight Hundred Fifty Pesos (P4,034,850.00), more particularly described as follows: ("VESSEL PARTICULAR anghaPi fr bevy Page 1Name ofVessel | KingRey as | Type of Vessel |__| Leisure /Haif Cabin | Hull Materials Fiberglass Reinforced Plastic [Length Overall 7.60 Meters without OBM | Breadth 2.64 Meters Depth (Moulded) a0 Matera Number ofDeck 1 [Passenger Capacity Spee pax zi a ENGINE PARTI aaa Type of Engine Qutboard Motor Engine HP & Model — [Twin 150 OBM 4 Stroke Mercury |Serial Number | Standard Rotation — 1151F271D, Counter Rotation 1F281D ‘Type of Stem Transom Stem ‘Number of Cylinder 4 cylinders Number of Engine 2 unit (Twa Number of Screw [Single 2. Plaintiffs were able to pay in full the total contract price. Thereafter, the Subject Marlin Boat was delivered at the port, 501 Freia Hamilo Coast, Pico De Loro, Nasugbu, Batangas 3. Plaintiffs also paid the Eighty Thousand Pesos (P80,000.00) for the registration of the boat with the Maritime Industry Authority (‘MARINA’) and Defendant - sales manager, Marie C. Canseko, guaranteed to Dr. Ortiz the registration of the boat before the MARINA. Screenshot of their messages show — October 8, 2021 October 31, 2021 Or Ivacrag yung door handle 4. However, upon checking and verification with the technician, the Garmin Radar Dome was not installed despite the stipulation of its inclusion in the package, the same amounted to One Hundred Page 2Twenty-five Thousand Pesos (P125,000.00) in the job order. Consequently, plaintiffs sought for refund of the 125,000.00. 5. Thereafter, Plaintiff Dr. Ortiz made series of follow-ups on the MARINA Registration since the recreational boat - Subject Marlin Boat could not sail without the registration as the marines and enforcers are checking all sailing boat's license. As early as October of 2021, Defendant Marie C. Canseko told Dr. Ortiz that the papers of the boat for registration were already being processed and submitted to MARINA. 6. From the time that the Subject Marlin Boat was delivered in October 2021, She remains to be docked at Pico De Loro, Nasugbu, Batangas to the dismay and disappointment of Plaintiff as they could not launch the recreational boat because of the restrictions imposed by MARINA Region 4 on unregistered boats in Nasugbu, Batangas. 7. Plaintiffs again made series of follow-ups on various dates, verbal and through messages, the Screenshot shows — March 31, 2022 July 22, 2022 8. Unfortunately, and despite series of follow-ups, Defendant BangkaPro and its officers failed to register the Subject Marlin Boat before the MARINA; which prompted Plaintiffs to refer the concern to legal services who contacted Defendant BangkaPro's officers regarding the registration. 9. Until sometime in August 2022, Ms. Filipina Recato sent an e- mail to Plaintiff Dr. Ortiz requesting for the submission of documents Page 3for the application of registration of his purchased boat, Screenshot of E-mail shows — 10. Plaintiff Dr. Ortiz was so dismayed that Defendant BangkaPro and its officers simply ignored their request and follow- ups for almost ten (10) months. The papers of the Subject Marlin Boat were not processed and still pending at their office. That, it was just recently that they tried to complete the requirements for the processing of registration 14. It was only upon demand of Plaintiff's legal services that BangkaPro’s Ms. Canseko and Recato acted on the processing of Subject Marlin Boat’s registration. Nonetheless, Plaintiffs already sought the assistance of the Fair-Trade Enforcement Bureau (FTEB) of the Department of Trade and Industry (DTI) and the latter through its Chief, Mediation Division, Atty. Genaro C. Jacob further refer the concern about registration of the Subject Marlin Boat to the MARINA. 12. Defendant BangkaPro committed breach of its representations, violated the provisions of the Civil Law provisions on Sales and Consumer Protection Act (R.A. 7394) and the contract itself as the Contract Price includes the processing of registration, which was guaranteed by BangkaPro's representative, Ms. Marie C. Canseko and Filipina Recato. 13. During the hearing before the FTEB — DTI, Plaintiffs were just asking for the refund of the registration fees they paid in the amount of PESOS: Eighty Thousand and 00/100 (P80,000.00) as Plaintiff Dr. Ortiz would like to do the processing of the papers for registration by himself. Page 414. However, the refund was refused by Defendant BangkaPro during the mediation hearing on September 23, 2022 as attended by Defendants Canseko and Recato. Thus, on October 5, 2022, FTEB — DTI issued a Certificate to File Action 15. Due to the unreasonable delay in the processing of registration of the Subject Marlin Boat and the unjust refusal to refund the fees paid for MARINA registration in the sum of Eighty Thousand Pesos (80,000.00), Plaintiffs were very exasperated and disappointed as they could not launch, use and sail the Subject Marlin Boat, the boat was idle for long period of time, plaintiffs claim for the refund of PESOS: Eighty Thousand and 00/100 (80,000.00) corresponding to the MARINA Registration fee. 16. The unreasonable delay has caused worries and stress to Plaintiffs as the Subject Marlin Boat was idle at the Pico De Loro and the marines and enforcers were checking the permits and registrations of the boats docked thereat and Plaintiffs could not present any license exposing them to the risk of penalty. As a consequence of the foregoing acts of the Defendants, Plaintiffs suffered serious anxiety and claim for moral damages of Fifty Thousand Pesos (P50,000.00) and to set the case as precedent so that Defendant BangkaPro will not do the same acts to its other customers, Plaintiffs also claim for exemplary damages of Fifty Thousand Pesos (P50,000.00) 17. As Plaintiffs were constrained to litigate and hire the services of counsel and paid for the amount of Fifty Thousand Pesos (P50,000.00) plus appearance fee of Three Thousand Pesos (P3,000.00) per hearing, plaintiffs also claim for reimbursement of litigation costs and expenses. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS 18. Defendant BangkaPro is a boating and water recreation supplier with corporate officers, Romeo T. Orio, Filipina Recato and Marie C. Canseko, who sold to Plaintiffs a one (1) unit of Marlin 760 Half Cabin with two (2) units of ME-150CXL 4s EFI Mercury 150HP 4 Stroke, Forward Control, Electric Start, Extra Long Shaft with Standard and Counter Rotation (“Subject Marlin Boat’), for a Contract Price of Three Million Nine Hundred Ninety-Nine Thousand Eight Hundred Fifty Pesos (P3,999,850.00) plus delivery fee of Thirty-Five Thousand Pesos (35,000.00) or a Total Contract Price of Four Page 5Million Thirty-Four Thousand Eight Hundred Fifty Pesos (P-4,034,850.00); 19. Plaintiffs’ payment in full of the total contract price and delivery of the Subject Marlin Boat at the port, 501 Freia Hamilo Coast, Pico De Loro, Nasugbu, Batangas; 20. The payment of Eighty Thousand Pesos (P80,000.00) for the registration of the Subject Marlin Boat; 21. The existence of the exchange of messages regarding the follow-up on the boat's registration between Plaintiff Dr. Ortiz and Defendant Marie C. Canseko on October 8, 2021, October 31, 2021, March 31, 2022 and July 22, 2022; 22. The non-registration of the Subject Marlin Boat until present; 23. The failure of the mediation before the Fair-Trade Enforcement Bureau (FTEB) of the Department of Trade and Industry (DTI) and its issuance of Certificate to File Action. ISSUES TO BE TRIED AND/OR RESOLVED 24. Whether Defendant BangkaPro and its officers committed breach of contract for non-registration of the Subject Marlin Boat; 25. Whether Plaintiffs are entitled to refund of Eighty Thousand Pesos (P80,000.00) equivalent to the amount of MARINA registration fees, with legal interest, moral and exemplary damages, attorney's fees and cost of litigation. APPLICABLE LAWS 26. The Law on Obligations and Contracts, Civil Law provisions on Sales and Consumer Protection Act (R.A. 7394). POSSIBILITY OF AMICABLE SETTLEMENT 27. Plaintiffs are open and willing to discuss and/or thresh out the possibility of amicable settlement. DOCUMENTS OR EXHIBITS TO BE PRESENTED 28. The following are the documentary exhibits to be presented by the Plaintiffs, in support of their causes of action: Page 6EXHIBITS DOCUMENT(S) PURPOSE(S) ' a To support the amount of Statement of the Contract Price of Three “A” and “A-1” | Accounts dated Million Nine Hundred August 18 and | Ninety-Nine Thousand September 8, 2021 Eight Hundred Fifty Pesos (P3,999,850.00) plus delivery fee of Thirty-Five Thousand Pesos (35,000.00) or a Total Contract Price of Four Million Thirty-Four Thousand Eight Hundred Fifty Pesos (P4,034,850.00). “B” and “B-1” Collection Receipts dated June 1, 2021 | and September 14, 2021 with Nos. 038 and 123, respectively Deposit Slips and | Checks __ “C” in series “D”, “D-1 and “p.2” Annex “E” in series Delivery Receipts with No. 0318, 0319 | and 0320, all dated October 9, 2021 Transmittal of Records, Company Checklist, Warranty Certificates, Certificate of Completion and Acceptance, External Job Order Form and Builders Certificate Travel Order, Product | To prove that plaintiffs paid the Total Contract Price to the Defendants BangkaPro and its officers. | To prove the delivery of the Subject Marlin Boat to Plaintiffs at Pico De Loro, Nasugbu, Batangas “F” in series “Screenshot of the Messages of Ms. Marie C. Canseko about her | To prove that there was prior demand made on Defendants. Page 7confirmation and guarantee on the MARINA Registration | | and the series of follow-ups made by Dr. Ortiz eee Screenshot of the E- | To prove the failure and EG" mail of Ms. Filipina unreasonable delay on the ttt Recato _| part of Defendants to Draft Special Power _| process the application and a of Attorney registration of the Subject ce Marlin Boat. | fale Screenshot of To prove the referral of Referral of the Chief, | FTEB — DTI to MARINA for Mediation Division, __| the application of plaintiffs Atty. Genaro C. Jacob | registration. of FTEB - DTI to MARINA to assist | plaintiffs of the | registration of the Subject Marlin Bo: = ee pee “J” and ”J-1” | Certificate to File To prove the failure of the Action with parties to settle before the Screenshot of the FTEB — DTI and the referral E-mail of this case for filing before ee = the Courts. “K”, “K-1” and | Judicial Affidavit of To testify on the material “K-2” Dr. Paul Ed D. Ortiz | allegations of the complaint | with signature and | and will identify the | Government Issued documentary exhibits. ID as proof of oe residency “L” and “M” | Barangay Certification | To prove that Plaintiffs are | from Barangay residents of Pasig Manggahan, Pasig City “N’ and “O” | Valid Identification To prove that Plaintiffs are Cards of Plaintiffs | residents of Pasig (PNP and BIR/TIN ID) “P” and “Q” | Sunlife and PLDT To prove that Plaintiffs are | Proof of Billing of residents of Pasig Plaintiff Page 8“R” Filing fee/s official _—_ | To prove actual receipt from Supreme | damages/cost of litigation. __| Court ae eee eae “s” Legal Engagement To prove actual Contract with damages/attorney’s fees. suisistt counseVs iebeeseetneaeetaaseeeee | or Compiaint-Letter filed | To prove that the Plaintiffs |by the Plaintiffs | filed a case before the against the | Department of Trade and Defendants _ before | Industry against the the Department of | Defendants | | i Trade and Industry _| With | Reservation WITNESSES TO BE PRESENTED 29.The following are the witnesses to be presented by the plaintiffs: (a) Dr. Paul Ed D. Ortiz — he will testify to prove the material allegations of the Complaint, among others: (a) the purchase of the Subject Marlin Boat and the payment of the total contract price; (b) the inclusion in the total contract price of 80,000.00 as MARINA Registration Fees; (c) series of follow-ups/demands made on defendants to process the registration of the boat and the unjustified failure and unreasonable delay on the part of Defendants; and (d) he will also identify the documentary exhibits of the complaint; and prove damages and costs; (b) Dr. Jennifer M. Ortiz — she will testify to prove the material allegations of the Complaint, among others: (a) the purchase of the Subject Marlin Boat and the payment of the total contract price: (b) the inclusion in the total contract price of 80,000.00 as MARINA Registration Fees; (c) series of follow-ups made on defendants to process the registration of the boat and the unjustified failure and unreasonable delay on the part of Defendants; and (d) she will also identify the documentary exhibits of the complaint; and prove damages and costs. (c) Atty. Precy C. De Jesus — she will testify that she sent the Letter dated August 31, 2022 to Hon. Atty. Marimel D. Porciuncula of Fair-Trade Enforcement Bureau of the Department of Trade and Page 9Industry (FTEB-DTI) and the response of BangkaPro Aquatics, Inc.; she will also testify on the proceedings before the FTEB-DTI and the subsequent issuance of Certificate to File Action; (d) Ms, Marie C. Canseko — she will testify that she was the sales manager assigned to plaintiff, who guaranteed the registration of the boat before the MARINA; she will also testify on her exchange of messages with Dr. Ortiz on October 8, 2021, October 31, 2021, March 31, 2022 and July 22, 2022; and, (e) Ms. Filipina Recato — she will testify that she sent an e-mail to Dr. Ortiz requesting for the submission of documents for the application of registration of the boat. RESERVATION Plaintiffs respectfully reserve the right to present such other testimonial and documentary evidence as may be necessary during the course of the proceedings. PRAYER WHEREFORE, it is respectfully prayed that the above Preliminary Conference Brief be noted and favorably considered for the Plaintiffs. Other just and equitable reliefs are likewise prayed for. RESPECTFULLY SUBMITTED. Quezon City for Pasig City; April 17, 2023. GABRIEL & MENDOZA Law Offices Counsel for the Plaintiff Suite 601, Fil-Garcia Tower, 140 Kalayaan Avenue Cor. Mayaman Street, Diliman, Quezon City (02) 8463-7994; /8928-8817 gabby7112000@yahoo.com By: Page 10DAV) ICHAEL O. GABRIEL Roll of Attorneys No. 44006 IBP No. 298010.February 16, 2023. Quezon City PTR No. 4055215.January 9, 2023.Quezon City MCLE Compliance No. VII-0018020; valid until April 14, 2025 JOCELYN GERIAL GABRIEL Roll of Attorneys No. 49468; 05-05-2004; Manila IBP No. 2980088; February 16, 2023. Bulacan PTR NO. 5160140; February 8, 2023.Mandaluyong City MCLE Compliance No.VII-0018021: valid until April 14, 2025 0917-8442723 jocxgerial@yahoo.com Copy furnished: Atty. Mario P. Narag, Jr. NARAG LAW OFFICE Counsel for the Defendants Date:, Unit 1 Dictum Bidg., Crispina Avenue Las Pinas Village, Pamplona II 1740 Las Pifas City narag.law@gmail.com mfsumira.naraglaw@gmail.com EXPLANATION ON MODE OF SERVICE (Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure) The foregoing was served and filed by electronic means/LBC/registered mail due to the lack of available manpower who. could effect personal service. (Please disregard if personal service has been made.) Page 11