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Plaintiff,
DIRIKA PACAMALAN
Defendant.
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PRE-TRIAL BRIEF
Defendant, through the undersigned counsel, and unto this Honorable Court, respectfully submits
this Pre-Trial Brief, containing the following:
1. Defendant is open to settling the dispute amicably, subject to a concrete proposal that is
fair and reasonable and a reciprocal manifestation of openness from the defendant.
2.1 Plaintiff claims that Defendant borrowed money from the former in the amount of One
Million Pesos (P1,000,000.00), in Philippine currency, with 5% monthly interest, as
evidenced by a promissory note dated March 1, 2017. A copy of the Promissory Note is
hereto attached as Annex “B” and made integral part thereof of this Pre-Trial Brief
;
2.2 Defendant claims that the entire obligation of One Million Pesos (1,000,000.00) is
already extinguished by mode of payment in cash evidenced by acknowledgment receipts
attached as Annexes “A-1”, “A-2”, “A-3”, “A-4”, “A-5”, “A-6”, “A-7”, “A-8”, “A-9”,
“A-10”, “A-11”, “A-12”, “A-13”, “A-15”, “A-16”, “A-17”, and by mode of payment in
kind evidenced by deed of sale attached as Annex “A-14” and “C”. Annex “E” will
prove that the DEFENDANT is already released from such obligation.
1. Whether or not the Plaintiff has no cause of action against the Defendant;
2. Whether or not Plaintiff has no legal ground to demand payment of the total amount loaned.
IV – WTNESSES TO BE PRESENTED
1. Juan Dela Cruz To testify the existence of the Deed of Sale between
the Plaintiff and Defendant, in partial consideration
2. Isabel De Leon of the latter’s debt.
The Defendant reserves his right to present additional testimonial evidence as the exigencies of
the trial may require.
2. Acknowledgment Receipt To establish the fact that the Defendant paid his
monthly installment
The Defendant intends to use the modes of discovery available under the Rules of Court, but not
limited to deposition-taking.
VII – APPLICABLE LAWS AND JURISPRUDENCE
“Payment means not only the delivery of money but also the performance, in any
other manner, of an obligation.”
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that the
foregoing Pre-Trial Brief be noted and admitted.
The Defendant likewise prays for such other remedies and reliefs as may be deemed just and
equitable under the premises.
EXPLANATION
A copy of the foregoing Pre-Trial Brief was served to the Defendant’s counsel by registered mail
due to time and distance constraints and for lack of manpower.
1. Loan Agreement
2. Payment Receipt