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Republic of the Philippines

METROPOLITAN TRIAL COURT


National Capital Judicial Region
City of Manila, Branch_____

CLAIRE PAULINE CAYANAN,

Plaintiff,
Civil Case No. 123456
-versus- For: COLLECTION OF SUM OF MONEY
WITH DAMAGES
MARK MALLARI, DHEN CASER,
and JED GULAPA

Defendant.

X------------------------------------------------X

PRE-TRIAL BRIEF

Plaintiff, by counsel, to this Honorable Court, respectfully


submits this Pre-Trial Brief, to wit:

1. POSSIBILITY OF SETTLEMENT

Plaintiff is willing to enter into an amicable settlement with the


defendant under such terms and conditions that are just and
equitable. It is likewise willing to submit this case to alternative
modes of dispute resolution.

2. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff seeks principally to collect the amount of One


Hundred Ninety-Five Thousand Pesos ( P 195, 000.00) representing
the aggregate amount of the unpaid services duly rendered to
defendants;

2.2 Defendant Dhen Caser and Jed Gulapa resist plaintiff’s


full claims based on the defense that they partially paid the services
as evidenced by the receipts they included in their answer;

2.3 Defendant Mark Mallari resist plaintiff’s claims based on


the defense that he is not a signatory to the Contract for Services
executed by the Plaintiff and the two other defendants.

3. SUMMARY OF ADMITTED FACTS

2.1 Plaintiff’s legal capacity to sue;

2.2 Defendants’ legal capacity to be sued;

2.3 Defendants entered into a Contract for Services with


plaintiff, except for defendant Mark Mallari;

2.4 Plaintiff sent Statements of Account to defendants;

2.5 Plaintiff sent demand letter to defendant

4. ISSUES TO BE RESOLVED

3.1 Whether or not plaintiff has a cause of action against


the defendant, i.e, whether plaintiff is entitled to collect from
defendants the sum of Php 195,000.00 corresponding the
outstanding balance in defendants’ statement of account
representing services rendered by plaintiff;

3.2 Whether or not plaintiff is entitled to its claim for


attorney’s fees, appearance fees per hearing, cost of suit, exemplary
and moral damages;

3.3 Whether or not defendants are entitled to their


compulsory counterclaims.
4. DOCUMENTS TO BE PRESENTED

Plaintiff expressly reserves its right to present and mark


documentary exhibits during the pre-trial conference or in the
course of the proceedings as the need arises. However, it intends
to adopt all the exhibits/annexes attached to the Complaint which
are as follows:

4.1 The Contract for Services attached in the Plaintiff’s Complaint


as Annex “B” as proof that there is a binding contract between the
parties;

4.2 The Statements of Account attached in the Plaintiff’s


Complaint as Annex “C” and Annex “D” and Annex “E” as proof that
defendants incurred due payments for requested services duly
delivered;

4.3 The Demand Letter attached in the Plaintiff’s Complaint as


Annex “F” as proof of proper demand to defendant

5. WITNESSES TO BE PRESENTED

Plaintiff intends to present the following witnesses:

5.1 Plaintiff herself, who will testify on the circumstances


leading to the filing of the suit;

5.2 Danica Gaza, an employee of the plaintiff, who signed


as witness to the Contract for Services and who has personal
knowledge as to the circumstances behind the obligations due and
owing in favor of the plaintiff;
5.3 Eden Paraiso, the notary public who signed the
acknowledgement of the Contract for Services between the plaintiff
and defendants;

5.4 Plaintiff reserves the right to present any and all


documentary evidence which shall become relevant to support
plaintiff’s claims in the course of the proceedings, if necessary.

6. APPLICABLE LAW/s TO SUPPORT PLAINTIFF’S CLAIM

6.1 Article 1315 of the New Civil Code:

“Contracts are perfected by mere consent, and from that


moment the parties are bound not only to the fulfillment of what
has been expressly stipulated but also to all the consequences
which, according to their nature, may be in keeping with good faith,
usage and law.”

7. AVAILABILITY FOR HEARING DATES

Plaintiff’s witnesses and counsel will be available on the dates


as may be agreed upon during the pre-trial conference and as may
be directed by the Honorable Court.

RESPECTFULLY SUBMITTED.
Pasig City, for Manila City, June 25, 2018

BUERGO AND RAMOS LAW OFFICES


Counsel for the Plaintiff
Unit 1102 The Centerpoint Building
Julia Vargas Ave. cor. Garnet Rd., Ortigas Center
Pasig City, Philippines 1605
P.O. BOX 12888, Ortigas CPO
(+632) 638 7265 www.ccpclaw.org

By:
RHOWEE BUERGO
Roll of Attorneys No. 57270
IBP Lifetime Member Roll No. 08328, 04-21-2017
PTR No. 2507681, 01-03-2017, Manila City
MCLE Compliance No. V-0021078, 05-05-2017
Email: rbuergo.rb@gmail.com

Copy Furnished:

DORIS GALLARDO
GALLARDO, PAULINO AND ASSOCIATES LAW OFFICES
Suite 80, 8th Floor Richmonde Plaza,
San Miguel Avenue,Ortigas, Pasig City
Tel. No. 470-3133

Registry Receipt No: 12345


Date: June 25, 2018

(EXPLANATION)

In compliance with Rule 13, Section 11 of the Rules of Court,


counsel respectfully manifests that Service of this Pre-Trial Brief was
made via registered mail due to lack of office personnel to effect
personal service.

ATTY. RHOWEE BUERGO