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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES


City of Iloilo
Branch 2

HERA DONITA ARFARF,


Plaintiff,

- versus - Civil Case No. 123456


For: Collection of sum of money

MIDAS YAKULT MEOW,


Defendant.

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PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief for


compliance with this Honorable Court’s order on November 20, 2014, as
follows:

I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE


SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Provided that plaintiff is open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable from and a

reciprocal manifestation of openness from 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. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 That Defendant admits that he loaned money in the amount of

ONE HUNDRED FIFTY THOUSAND PESOS (P150, 000.00) on August 1,

2014.
2.2 Plaintiff claims that defendant failed to pay the amount loaned of

ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) on August 1,

2014.

2.3 Defendant raise as a defense that payment was already made to

Mimi Arfarf, of legal age, daughter of herein plaintiff, on October 1, 2014 in

the residence of the plaintiff because plaintiff was not present in her house.

2.4 That Mimi Arfarf gave a receipt to the defendant as proof of

receipt of payment.

2.5 That Mimi Arfarf and herein defendant signed the said receipt in

the presence of Fifi Arfarf, son of plaintiff, and John Lloyd Cruz and Robert

Downey Jr., friend of the defendant.

2.6 That Defendant did not receive any demand letter from the

Plaintiff on the dates that plaintiff stated.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer such as

the loan of the money in the amount of ONE HUNDRED FIFTY

THOUSAND PESOS (P150,000.00) on August 1, 2014.

3.2 Defendant admits that the date of payment was on October 1,

2014.

3.3 Defendant admits that he and the plaintiff are classmates since

kindergarten.

IV. STATEMENT OF FACTUAL AND LEGAL ISSUE

Whether or not the loan was paid and its corresponding legal interest.
V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Mr. John Lloyd Cruz , to establish that the plaintiff’s daughter

and defendant actually met at the residence of the plaintiff and defendant

paid the plaintiff’s daughter in the amount of One Hundred Fifty Thousand

Pesos (P150,000.00);

5.1.2 Mr. Robert Downey Jr., to establish that the plaintiff’s daughter

and defendant actually met at the residence of the plaintiff and defendant

paid the plaintiff’s daughter in the amount of One Hundred Fifty Thousand

Pesos (P150,000.00);

5.1.3 Kiwi Piologo, security guard of the plaintiff, to establish that

defendant went to the plaintiff’s residence on October 1, 2014 to pay the

said amount loaned.

5.2. Documentary Evidence in the form of receipt issued by the

plaintiff’s daughter for the defendant.

5.3. 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 belief defendants’ witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff

does not intend to avail of discovery at this time;


6.2. Subject, however, to a concrete and reasonable request for

discovery from defendant, plaintiff reserves the right to resort to discovery

before trial.

VII. AVAILABLE TRIAL DATES

December 5, 2014, December 8, 2014, December 12, 2014, and


January 5, 2014.

RESPECTFULLY SUBMITTED.

Wenceslao de la Paz B, November 29, 2014 .

THE FIRM LAW FIRM


Counsel for the Plaintiff
Wenceslao de LaPaz B, University of San Agustin
Iloilo City

By:

DONI JUNE V. ALMIO


IBP # 605482 1/8/14 Iloilo City
PTR # 0417576 1/8/14 City
ROA 30724
MCLE Compliance No. II 01-23455

Copy Furnished:
By Personal Service

Atty. Vanity Gail Trivelegio


Wenceslao de LaPaz A, University of San Agustin
Iloilo City