De Guzman, Rica Mae S

Civil Procedure - Midterm Exam

I.
REPUBLIC OF THE PHILIPPINES
REGION 1
REGIONAL TRIAL COURT
CITY OF DAGUPAN
BRANCH 1

Andrea Maya

Civil Case No. ________

For: Collection of a Sum of Money and Failure to execute

contract of Sell

-versus-

Ellen Sarimanok and Derek Agila

COMPLAINT

PLAINTIFF, by their undersigned counsel, to this Honorable Court, respectfully state:

A. On or about January 30,2016, plainti and defendant entered into an orally agreement
borrowing Php 500,000.00.

B. On or about April 1, 2023, the plainti signed the contract to sell with the defendant
regarding of a 500sqm land covered by Transfer Certi cate of Title No.123456 located in
Barangay Rizal, Gerona Tarlac for Php 1,000,000. It is stated therein that the purchase price
shall be paid in 5 equal monthly installments on May 1,2023. And the deed of absolute sale
shall be executed on the 15th day after the payment of the 5th monthly installment.

C. On or about October 15, 2023, the defendant failed to execute the Deed of Absolute of
Sale and the plainti already completed the payment of the purchase price.

D. On or about 20, 2023, the plainti sent a demand letter to the defendant regarding the
absolute sale of the land.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court that judgement be rendered in favor of the plainti and that after judgement;

A. The defendant shall pay the Php 500,000.00 with damages.

B. The defendant requesting for rescission of the contract to sell.

Such other reliefs and remedies under the premises are likewise prayed for.

Dagupan City, Philippines, this 1st day of December 2023.

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 Judy Ann Santos

Counsel for the Plainti

PTR No. 123456788:1-04-07:B.C.

IBP No, 98754:1-04-07:B.C.

Roll No. 42481:5-10-97: Manila

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II.
REPUBLIC OF THE PHILIPPINES
REGION 1
REGIONAL TRIAL COURT
CITY OF DAGUPAN
BRANCH 1

Andrea Maya

Civil Case No. ________

For: Collection of a Sum of Money and Failure to execute

-versus- contract to Sell

Ellen Sarimanok and Derek Agila

ANSWER

NOW COMES the defendant in the above entitled case, and to this Honorable Court most
respectfully alleges:

1. Defendant admits the averment in paragraph A and D of the complaint;

2. Defendant speci cally denies the allegation in paragraph B and C of the complaint, the
truth being that the obligation did not entered in the contract to sell but only has the
intention to sell.

By way of special and a rmative defenses, defendant avers:

1. That the plainti did not sent any demand letter for the obligation and the obligation does
not stated a term or a period. Therefore, the obligation is not due and demandable.

2. Defendant did not receive any of the payment regarding in the sale of the land.

3. Defendant admitted to be indebted to Andrea Maya in the sum of FIVE HUNDRED

THOUSAND PESOS (P 500,000.00), but the same is without any stipulation of interest
much less payment for Attorney’s fees, charges and expenses

PRAYER
WHEREFORE, premises considered, it is respectfully prayed to the Honorable Court
that the instant case be dismissed on the ground of the a rmative defenses raised and for lack
of merit. It is further prayed that the plainti be ordered to pay the following to the defendant:
1. Twenty Thousand Pesos (P20,000.00) as moral damages, and

2.Thirty Thousand Pesos (P30,000.00) as attorney’s fees and litigation expenses.

Other reliefs and remedies deemed just and equitable are likewise prayed for.

Dagupan City, Philippines, this 1st day of December 2023.

Sarah Ann Geronimo

Counsel for the Defendant

PTR No. 123456788:1-04-07:B.C.

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 IBP No, 93254:1-04-07:B.C.

Roll No. 42481:5-10-95: Manila

III.

REPUBLIC OF THE PHILIPPINES

REGION 1
REGIONAL TRIAL COURT
CITY OF DAGUPAN
BRANCH 1

Andrea Maya

Civil Case No. ________

For: Collection of a Sum of Money and Failure to execute

-versus- contract to sell

Ellen Sarimanok and Derek Agila

PRE-TRIAL BRIEF

COMES NOW, Plainti by and through the undersigned counsel, unto this Honorable
Court, most respectfully manifest and avers, that:

I. BRIEF STATEMENT OF THE PLAINTIFF’S POSITION

1.1 Plainti les an action for collection of sum of money in the amount of FIVE
HUNDRED THOUSAND PESOS (P500,000) and failure to execute contract to sell against the
defendant.

II. WILLINGESS TO ENTER INTO AMICABLE SETTLEMENT OR ALTERNATIVE

MODES OF DISPUTE RESOLUTION.
Plainti is open to amicable settlement of alternative modes of dispute resolution upon
mutually acceptable terms and conditions.

IIi. WITNESSES
The plainti will be representing the following witnesses to prove material allegations in
the Complaint.

1. Oggie Dee and Boy Abundant To substantiate the existence and authenticity of the
Contract to sell executed by Derek Agila and Ellen Sarimanok.

IV. ADMISSIONS

Aside from what were already admitted by the parties in their pleadings, plainti is
willing to enter into other stipulation of facts with the defendants during the pre-trial
conference.

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 V. APPLICABLE LAWS AND JURISPRUDENCE
The applicable laws and jurisprudence in this case are the provision of Civil Code of the
Philippines and the Rules of Court.

VI. PROPOSAL FOR AMICABLE SETTLEMENT

Plainti is open to settling this dispute amicably, subject to a concrete proposal that is
fair and reasonable and reciprocal manifestation of openness from defendant.

Plainti respectfully submits that the desired terms of any amicable settlement would
involve an admission of amount due and owing to plainti a schedule of payments.

VII. TRIAL DATES

Any day of the month, with the regular appearance of the undersigned counsels before
this Honorable Court

RESPECTFULLY SUBMITTED.

Dagupan City, Philippines, this 30th day of December 2023.

Judy Ann Santos

Counsel for the Plainti

PTR No. 123456788:1-04-07:B.C.

IBP No, 98754:1-04-07:B.C.

Roll No. 42481:5-10-97: Manila

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 REPUBLIC OF THE PHILIPPINES
REGION 1
REGIONAL TRIAL COURT
CITY OF DAGUPAN
BRANCH 1

Andrea Maya

Civil Case No. ________

For: Collection of a Sum of Money and Failure to execute

-versus- contract to sell

Ellen Sarimanok and Derek Agila

PRE-TRIAL BRIEF

COMES NOW, DEFENDANT by and through the undersigned counsel, unto this
Honorable Court, most respectfully manifest and avers, that:

I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1 Provided that plainti is open to settling this subject to a concrete proposal that is
fair and reasonable from a reciprocal manifestation of openness from defendant.

1.2 Pursuant to Rule 18 of 1997 Rules of Civil Procedure, plainti respectfully submits
that the desired terms of any amicable settlement would involve admission of amount due and
owing to plainti .

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 That Defendant admits that he loaned money in the amount of FIVE HUNDRED
THOUSAND PESOS (P500,000.00) on January 30, 2016.

2.2 That Defendant did not received any demand letter from the plainti .

2.3Defendant admitted to be indebted to Andrea Maya in the sum of FIVE

HUNDRED THOUSAND PESOS (P 500,000.00), but the same is without any stipulation
of interest much less payment for Attorney’s fees, charges and expenses

Sarah Ann Geronimo

Counsel for the Defendant

PTR No. 123456788:1-04-07:B.C.

IBP No, 93254:1-04-07:B.C.

Roll No. 42481:5-10-95: Manila

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