Republic of the Philippines

REGIONAL TRIAL COURT

Branch ____,
6th Judicial Region
Iloilo City
Michael Romualdez
Plaintiff,
-versus- CIVIL CASE NO_______

Stella Cojuangco For: Collection of a Sum of

Defendant Money

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PRE-TRIAL BRIEF FOR PLAINTIFF

PLAINTIFF, by counsel, respectfully submits its Pre-Trial Brief, as

follows:

I. BRIEF STATEMENT OF PLAINTIFFS CLAIMS

1.1.Sometime on April 29, 2015, Defendant obtained from and was

granted a loan accommodation by the Plaintiff in the principal
amount of Ten Million Pesos (P10,000,000.00), Philippine
Currency, with an annual interest of five percent (5%). The loan
was to mature on October 20, 2016;

1.2.Since the receipt of the amount of P10, 000,000, defendant

failed to pay the loan upon maturity;

1.3.The outstanding account of Defendant with Plaintiff as of the

filing of this complaint Eight Million Pesos (P8,000,000.00),
Philippine Currency plus interest;

1.4.On October 20, 2016, Plaintiff, thru counsel, demanded for the
payment of Defendants account;

1.5.Plaintiff did not receive any response from the Defendants, and
worse still, Defendant failed to comply with her obligation to the
Plaintiff;

1.6.In order to protect its right in filing the case, Plaintiff was
constrained to engage the services of counsel to an agreed fee of

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 Eight Hundred Thousand Pesos (10%) percent of the total
amount due from Defendant to Plaintiff;

1.7.In protecting its interest, Plaintiff had incurred litigation expenses

in the amount of P100, 000.

II. NUMBER OF WITNESSES TO BE PRESENTED

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Pia Horseback, to establish that the plaintiff and defendant

actually met at Richmonde Hotel, that the check was the subject

matter of a contract of loan between the plaintiff and defendant;

5.1.2 Ms. Charito Solis, manager of the hotel restaurant, as witness to

the meeting and the transaction;

5.2. Plaintiff reserves the right to present any and all documentary

evidence, which shall become relevant to rebut defendants claims in

the course of trial as well as any other witnesses whose testimony will

become relevant to belie defendants witnesses, if necessary.

III. ABSTRACT OF THE TESTIMONIES OF THE WITNESS FOR

THE PLAINTIFF

3.1. To substantiate Plaintiffs claim as alleged in its Complaint;

3.2. To identify relevant documents to support Plaintiffs claims.

IV. DOCUMENTS INTENTED TO BE PRESENTED

4.1. Promissory note dated April 29, 2016, in the amount of P10, 000,
000 payable on or before October 01, 2016;

4.2. Demand Letter dated October 20, 2016.

V. ADMISSIONS

5.1. Plaintiff limits its admissions to those alleged in its Complaint.

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VI. APPLICABLE LAWS AND JURISPRUDENCE
6.1 Section 184 of the NIL defines what negotiable promissory note is:

SECTION 184. Promissory Note, Defined. A negotiable promissory

note within the meaning of this Act is an unconditional promise in
writing made by one person to another, signed by the maker, engaging
to pay on demand, or at a fixed or determinable future time, a sum
certain in money to order or to bearer. Where a note is drawn to the
makers own order, it is not complete until indorsed by him.

6.2. Article 1169 of the Civil Code explicitly provides:

Art. 1169. Those obliged to deliver or to do something incur in delay

from the time the obligee judicially or extrajudicially demands from
them the fulfillment of their obligation.

However, the demand by the creditor shall not be necessary in order

that delay may exist:

(1) When the obligation or the law expressly so declare; or

(2) When from the nature and the circumstances of the

obligation it appears that the designation of the time when the
thing is to be delivered or the service is to be rendered was a
controlling motive for the establishment of the contract; or

(3) When demand would be useless, as when the obligor has

rendered it beyond his power to perform.

In reciprocal obligations, neither party incurs in delay if the other does

not comply or is not ready to comply in a proper manner with what is
incumbent upon him. From the moment one of the parties fulfills his
obligation, delay by the other begins. (Emphasis supplied)

6.3 There are four instances when demand is not necessary to constitute the
debtor in default:

(1) when there is an express stipulation to that effect;

(2) where the law so provides;

(3) when the period is the controlling motive or the principal inducement for
the creation of the obligation; and

(4) where demand would be useless. In the first two paragraphs, it is not
sufficient that the law or obligation fixes a date for performance; it must
further state expressly that after the period lapses, default will commence.

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VII. ISSUES

7.1. Whether or not the Defendant failed to comply with her loan
obligation when it falls due;

7.2. Whether or not the Defendant is liable to any and all damages
contemplated in its Complaint.

VIII. AVAILABLE TRIAL DATES

February 14, 2016, February 21, 2016, February 28, 2016 and March
07, 2016

RESPECTFULLY SUBMITTED.

Iloilo City, Philippines, February 07, 2016.

ATTY. DIANAH JANE L. HUELE

Counsel for Plaintiff

Alibogha Munez & Duremdes Law Office

2nd Floor, The Palladium, Megaworld,

Mandurriao, Iloilo City

Attorneys Roll No. 61987

IBP No. 169867, 05/17/16, lloilo City

PTR No.2543572, 05/18/16 , lloilo City

MCLE Compliance No. 1110016263, 5/18/16

By:

CHARO SANTOS
IBP # 605482 1/8/16 Iloilo City
PTR # 0417576 1/8/16 Iloilo City
ROA 30724

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MCLE Compliance No. II 01-23455

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Copy Furnished:
By Personal Service

Atty. Phoenix B. Hortinela

Hortinela Law Office, Jaro, Iloilo City
IBP No. 123456 , 1/13/16, Iloilo City
PTR No.123456, 2/12/16, Iloilo City
Roll of Atty No.33333
MCLE Comp.No.IV-001, 1/12/16