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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 101
Pasay City

MARVIN CHANG CHUA,


Plaintiff,

-versus- CIVIL CASE No. 358912

FOR: COLLECTION OF
SUM OF MONEY
JOHN CALDAN BRIONES

Defendant.
x-----------------------------------x

PLAINTIFF’S PRE – TRIAL BRIEF

PLAINTIFF, by counsel, and unto this Honorable Court, respectfully submits his
Pre-Trial Brief, as follows:

I
POSSIBILITY OF AMICABLE SETTLEMENT

1.1 Plaintiff, respectfully manifest, without admitting liability of waiving any of


his right or defenses, that he is open to settling this dispute amicably,
subject to a concrete proposal that is reasonable and a reciprocal
manifestation of openness from the defendant,
1.2 Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff
respectfully submits that the desired terms of any amicable settlement
would involve, first, an admission of amount due and owing to plaintiff and,
second, a schedule of payments.

II
SUMMARY OF ADMITTED FACTS

2.1 On January 1, 2017, defendant herein obtained from and was granted a
loan accommodation by the Plaintiff in the principal amount of One Million
(Php.1, 000,000.00) Pesos, Philippine Currency with a monthly interest of
three (3%) percent to be paid within six months of the same year.

2.2 The defendant promised to pay the said loan on or before July 1, 2017.
Thus, on the said date, plaintiff herein sent a demand letter to the defendant
asking him for the full payment of the money loaned.

2.3 However, defendant failed to pay it on such time and as of present date,
Defendant still has an Outstanding Balance to Plaintiff amounting to One
Million (Php.1, 000,000.00) Pesos Philippine Currency plus interest at the
rate of three (3%) percent per month as stipulated in the promissory note.

III
PROPOSED STIPULATION OF FACTS

3.1 As proposed stipulation of facts, Plaintiff request the Defendant to admit the
following facts:
3.1.1 That the Defendant failed to make any payment after the expiration
of the period to pay the loan he obtained.
3.1.2 That due to non – payment and after several demands both oral and
written, Defendant received a final demand letter on December 16, 2017
asking him to pay the full amount.
3.1.3 That by reason of defendant’s unreasonable failure or refusal to pay
his due and demandable obligation, plaintiff was forced to institute a civil
action before this Honorable Court.
IV.
ISSUES TO BE RESOLVED

4.1 Plaintiff respectfully submits that the issues on this case are:

4.1.1 Whether or not the Defendant is liable to pay the principal amount of
One Million Pesos plus interest at the rate of three (3%) per month from the
date of the issuance of the loan up to present as stipulated in the promissory
note.
4.1.2 Whether or not the Defendant is liable to pay the moral and
exemplary damages, attorney’s fees and litigation expenses plus costs
suffered by the Plaintiff.

V.
DOCUMENTS OR EXHIBITS TO BE PRESENTED

5.1 Plaintiff intends to present the following documents:

5.1.1 Exhibit “A”: Promissory Note made by Defendant


5.1.2 Exhibit “B”: Plaintiff’s Demand Letter dated 07/01/17
5.1.3 Exhibit “C”: Plaintiff’s Final Demand Letter dated 12/06/17
5.1.4 Exhibit “D”: A sample specimen signature of the Plaintiff

VI.
WITNESSES TO BE PRESENTED

6.1 Plaintiff intends to present the following witnesses:

6.1.1 Plaintiff himself, Mr. Marvin Chua, who will testify on the to testify on
the materials allegations, causes of action, and claims as set forth in the
Complaint;

6.1.2 The Plaintiff’s Secretary, Ms. Karen Linda, to testify to prove that no
payment was received by the Plaintiff since the loan agreement became
due and demandable;
6.1.3 The Plaintiff’s Certified Public Accountant, Ms. Deena Rose
Doctolero, to testify that no amount of money entered the Plaintiff’s bank
account contrary to Defendant’s claim;

6.1.4 The Plaintiff’s Business Partner, common friend of the Plaintiff and
Defendant, Mr. Paris Libon, who will testify as the witness of the stipulated
loan agreement.

Plaintiff expressly reserves the right to present such additional witnesses


and other exhibits and evidence as the exigencies of the trial may require.

VII.
RESORT TO DISCOVERY
7.1 Considering the relatively simple issues presented, the plaintiff
does not intend to avail of the discovery at this time;

7.2 Subject, however, to a concrete and reasonable request for


discovery from defendant, plaintiff reserves the right to resort to
discovery before trial.

VIII.
LAWS APPLICABLE

8.1 Art. 1231 of the Civil Code provides that; “


Obligations are extinguished:
(1)By payment or performance;
(2) By the loss of the thing due;
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) By compensation;
(6) By novation.
Other causes of extinguishment of obligations, such as annulment,
rescission, fulfillment of a resolutory condition, and prescription, are
governed elsewhere in this Code. (1156a)
Art. 2217 of the Civil Code
FOR Moral Damages

Art. 2217. Moral damages include physical suffering, mental


anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury. Though
incapable of pecuniary computation, moral damages may be
recovered if they are the proximate result of the defendant's wrongful
act for omission.

Art. 2208 of the Civil Code


FOR: Attorney’s Fees
Art. 2208. In the absence of stipulation, attorney's fees and
expenses of litigation, other than judicial costs, cannot be recovered,
except:

xxx (11) In any other case where the court deems it just and equitable
that attorney's fees and expenses of litigation should be recovered.

In all cases, the attorney's fees and expenses of litigation must be


reasonable.

PRAYER

WHEREFORE, premises considered, plaintiff most respectfully prayed before the


Honorable Court that the Pre – Trial be noted.

Other just and equitable reliefs are also respectfully prayed for.

RESPECTFULLY SUBMITTED.

March 23, 2018, Pasay City.


_____________________________
ATTY. MA. RICHELLE G. SEMETARA
Counsel for Plaintiff
Amulato, Arnado, Battung, Linda, Lison and Semetara Law Offices
4th Avenue corner 30th Street, Crescent Park
West Bonifacio Global City
Tel. No. (02 556 8000)
mrsemetara@gmail.com
Roll of Attorney No. 610410
IBP Lifetime Member No. 606102
PTR No. 1458925 / 3-19-17 / 5-20-15
MCLE NO. V-054321 / 2-8-17

Cc:

ATTY. KAT RILLERA


Counsel for Defendant
Unit 123, AU Building,
Menlo Street, Taft Avenue
Pasay City

EXPLANATION

Copy of the foregoing Pre - Trial was furnished to the other parties by way of
registered mail only and not by personal service, by reason of lack of personnel to effect
personal form of service.
EXHIBIT A

PROMISSORY NOTE

Php 1, 000, 000.00

FOR VALUE RECEIVED, I promise to pay without need of demand to the order of
Marvin Chang Chua, at his residence at of 2600, Jose Abad Santos Avenue, Pasay City,
Manila, the principal amount of : ONE MILLION PESOS (P 1, 000,000.00), with a monthly
interest of three (3) percent on or before July 1, 2017.

January 1, 2017, Pasay City, Philippines.

JOHN CALDAN BRIONES


EXHIBIT B

July 1, 2017

BY REGISTERED MAIL

JOHN BRIONES
Blk 3, Lt 16 Sapphire Street,
Heritage Homes, Bulacan City

Dear Mr. Briones,

Re: Repayment of 1,000,000php

This letter will serve as a formal notice to you that you are in default of your obligation to
repay the sum of P1, 000,000.00 which was loaned to you on January 1, 2017 and you
have failed to repay the same on or before this date July 1, 2017 despite repeated request
for payment.

Unless payment of the above is received by me thru cash or check payment in full within
fifteen days (15) of the date of this letter, we will have no alternative but to exercise
whatever rights and remedies we have under the law to enforce such payment, including
but not limited to institution of legal proceedings against you to recover the amount,
together with accrued interest and legal expenses.

Kindly govern yourself accordingly.

Yours truly,

Marvin C. Chua
EXHIBIT C

December 16, 2017

CERTIFIED MAIL RETURN RECEIPT REQUESTED

JOHN CALDAN BRIONES


Blk 3, Lt 16 Sapphire Street,
Heritage Homes, Bulacan City

Re: Balance Due

Dear Sir:

Our firm represents Mr. Marvin Chua. We have been retained to collect your account
which is seriously delinquent in the amount of One Million (Php.) Pesos, Philippine
Currency. As you know, you obtained a loan accommodation to Mr. Marvin Chua after
signing a Promissory Note dated January 1, 2017 to be paid on or before July 1,
2017. Copy of the Promissory Note is attached for your convenience. We know of no
legitimate basis for you stopping payment other than an attempt by to avoid paying a just
indebtedness.

We will give you an opportunity to pay the amount due before suit is filed; however,
payment must be made in strict accordance with the terms of this letter. To avoid legal
proceedings, full payment of the total amount due must be received in our office within
fifteen (15) days after receipt of this letter. Payment must be made in cash. No partial
payments will be accepted. Other than this letter, no additional demands will be made
upon you to pay prior to suit being filed.

THIS IS AND FINAL ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION


OBTAINED WILL BE USED FOR THAT PURPOSE. Unless you contest the validity of
this indebtedness in writing, we will assume that the debt is valid.

If the total amount due is not paid to our office within fifteen (15) days after receipt this
letter, suit may be filed. If litigation is necessary you may be liable for our attorney’s fees
and all cost of court.

This is a serious matter which requires your immediate attention. We look forward to
receiving your prompt payment.

Sincerely,

Atty. Paris Lison


Amulato, Arnado, Battung, Linda, Lison and Semetara Law Offices
Tel. No. (02 556 8000)
attylison@gmail.com
EXHIBIT D

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