PRELIMINARY CONFERENCE (Feb. 18, 2017)
That defendant made a duplicate original of
I. Appearances
Good afternoon, Your Honor. I am Atty. Lorenzo
Luigi Gayya and this is Atty. Sarah Jean Tali appearing
for the defendant.
II. Facts
Plaintiff seeks principally to recover P385,000.00
(the principal amount of P350,000.00 plus 10%
interest). Plaintiff relies on a promissory note allegedly
executed by defendant.
Defendant resists plaintiffs claim upon the ground
that he made a consignation with the Metropolitan Trial
Court of Manila (MeTC) the amount of P330,000.00.
Defendant alleges that what he owes plaintiff is only
P330,000.00 (the principal amount of P300,000.00 plus
10% interest) and that plaintiff had altered the
promissory note which the defendant executed to
make it appear that the latter borrowed P350,000.00.
Because of plaintiffs unjustified refusal to accept
payment from defendant, the latter deposited
P330,000.00 at the disposal of judicial authority, in
accordance with Articles 1256 to 1261 of the Civil
Code.
Defendant also interposed a compulsory
counterclaim for P150,000 as attorneys fees.
III. Admitted Facts
1. We are willing to admit the identity of the
defendant as well as his address.
2. We are willing to admit that defendant
obtained a loan from plaintiff, and that
defendant executed a promissory note for such
purpose. But we take exception to the amount
being claimed by plaintiff, as well as to
plaintiffs allegation on the personal
circumstances of defendant leading to
defendants contracting of a loan.
IV. Proposed Stipulation of Facts
Will the plaintiff admit...
1. That he knew defendant long before defendant
approached him to borrowed money.
2. That he has or had at least at one point in time
in the past reposed a certain degree trust on
the defendant.
3. That such trust had an influence, even if just a
little, on his decision whether or not to extend
a loan as huge as P300,000.00 to defendant. (If
plaintiff denies, remove the amount.)
4. That he was friends with defendant.
5. That defendant is engaged in a gainful
occupation.
6. That defendant is engaged in business.
7. That his business consists of a Milk Tea Caf.
8. That defendant executed a promissory note to
evidence the loan agreement.
9. That this promissory note we are talking about
is the very promissory note attached to the
complaint filed by the plaintiff.
10.
that promissory note by means of a carbon
paper.
11. That he took the original, while defendant
retained the duplicate.
12. That on October 19, 2016, the due date of the
loan, defendant approached plaintiff to discuss
the payment of the loan.
13. That defendant offered to pay P330,000 on
October 19, 2016. (If plaintiff denies, remove
the date.)
14. That defendant had kept on insisting that
15. That plaintiff received a notice of consignation
on January 11, 2017 and January 18, 2017.
V. Issues
1. Whether or not the amount borrowed by
defendant is only P300,000.00 and not
P350,000.00.
2. Whether or not defendants obligation has
been extinguished by reason of consignation.
3. Whether or not defendant is entitled to
attorneys fees by reason of plaintiffs
malicious filing of suit.
VI. Witnesses
1. Defendant himself, who will testify on the true
circumstances leading to the filing of the suit
against him.
2. Marius Sumira, representative of Gawang-
Gawa Builders, who will authenticate relevant
documents relating to the contract of
renovation between defendant and Gawang-
Gawa Builders.
VII. Marking
We request...
1. That the Judicial Affidavit of defendant,
consisting of 11 pages, be marked as Exhibit 1-
A to 1-K.
We also request that defendants
signature appearing on Page 10 be
sub-marked as Exhibit 1-J-1 and my
signature appearing on Page 11 be
sub-marked as Exhibit 1-K-1.
2. That the Judicial Affidavit of Marius Sumira,
consisting of 5 pages, be marked as Exhibit 2-A
to 2-E.
We also request that Marius Sumiras
signature appearing on Page 4 be sub-
marked as Exhibit 2-D-1 and my
signature appearing on Page 5 be sub-
marked as Exhibit 2-E-1.
3. That the duplicate original of the promissory
note executed by defendant be marked as
Exhibit 3.
We also request that defendants
signature be marked as Exhibit 3-A.
4. That the Pre-Consignation Notice sent to
plaintiff be marked as Exhibit 4.
We also request that my signature be
marked as Exhibit 4-A.
5. That the Post-Consignation Notice sent to
plaintiff and the receipt of consignation issued
by the MeTC Branch 999 Clerk of Court be
marked as Exhibits 5-A and 5-B respectively.
 We also request that my signature 9. That the Receipt for Payment of Legal Services
appearing in the Post-Consignation issued by defendants counsel be marked as
Notice be marked as Exhibit 5-A-1. Exhibit 9.
6. That the Quotation of Expenses issued by the We also request that my signature be
contractor Gawang-Gawa Builders be marked sub-marked as Exhibit 9-A.
as Exhibit 6. 10. That the Business Permit of defendant be
We also request that Marius Sumiras marked as Exhibit 10.
signature be sub-marked as Exhibit 6- Defendant reserves the right to present any and all
A. documentary evidence, which shall become relevant to
7. That the Contract of Renovation between rebut plaintiffs claims in the course of trial as well as
defendant and Gawang-Gawa Builders, any other witnesses whose testimony will become
consisting of 4 pages, be marked as Exhibits 7- relevant to belie plaintiffs witnesses if necessary.
A to 7-D.
We also request that the signatures of VIII. Reliefs
defendant and Marius Sumira It is respectfully prayed that this Honorable Court
appearing on Page 3 be sub-marked as dismiss plaintiffs complaint with costs against the
Exhibit 7-C-1 and Exhibit 7-C-2 plaintiff and render judgment as prayed for in
respectively. defendants counterclaim. Other relief and remedies as
8. That the Receipt for Payment of P300,000.00 may be deemed just and equitable under the premises
issued by Gawang-Gawa Builders be marked as are likewise prayed for.
Exhibit 8.
We also request that Marius Sumiras
signature be sub-marked as Exhibit 8-
A.