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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF ILOILO SIXTH JUDICIAL REGION Branch 32, Iloilo City

GAEL G. BERNAL Plaintiff, -versus DIEGO S. LUNA Defendant, x-----------------------------x

Civil Case no. 1234 For: Collection of Sum of Money

PRE TRIAL BRIEF

DEFENDANT, by counsel, to the Honorable Court, respectfully submits its pretrial brief as follows: STATEMENT OF THE CASE 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) On July 14, 2012, defendant came to the residence of the plaintiff requesting that he be allowed to borrow Pesos: Five Hundred Thousand Pesos (P 500,000.00) for the

purpose of using the money to pay for the hospital expenses incurred for the medication of his wife. Touched with his compassionate heart, plaintiff lent the aforesaid amount on the condition that he is repaid on July 14, 2012 as provided for in the promissory note executed by the plaintiff. On Aug 14, 2012, defendant received the demand letter from the plaintiff. Upon reading the demand letter, in truth and in fact, defendant scampered to look for funds in order the settle the amount owed to the plaintiff. On September 22, 2012, defendant went to the residence of the plaintiff in order to effect payment. However, the plaintiff was not physically around at that time. Defendant decided to tender the amount of Pesos: Five Hundred Thousand Pesos Only (P 500,000.00) demanded from him to the plaintiffs son, Miguel A. Bernal, of legal age, and living with plaintiff within the same abode. Receipt of the amount is evidenced by a written acknowledgment by the plaintiffs daughter. However, plaintiff claims to have not received the payment from the defendant. Defendant claims otherwise as stipulated in the foregoing, hence this instant case.

POSSIBILITY OF AMICABLE SETTLEMENT Defendant owes much gratitude to the plaintiff and his family. Over the years, plaintiff has been a good Samaritan in the community. It is of paramount interest of the defendant to amicably settle the case. Defendant is very much willing to pay for a legal interest rate of 10% per annum and the attorneys fees of Pesos: Fifty Eight Thousand Five Hundred (P 58,500.00) as prayed for by the plaintiff in his complaint.

PROPOSED STIPULATION OF FACTS AND/OR ADMISSION OF FACTS 1) That plaintiff is not into the business of lending money for interest or for the purpose of deriving profits therefrom. 2) That Miguel A. Bernal, of legal age, single, is the son of the plaintiff living with him within the same abode. 3) That Miguel A. Bernal does not suffer from any impairment of her mental faculties that impairs her legal capacity to enter into a contract or whatever of the same nature. 4) That the signature appearing on the Acknowledgment Receipt marked as Exhibit B hereof is that of Miguel A. Bernal. 5) That on September 22, 2012, on or about 3PM to 4PM, plaintiff was not around or within the premises of his residence.

ISSUES TO BE TRIED OR RESOLVED Whether or not the payment made to the son of the plaintiff who lives with him in the same abode is a valid tender of payment as if it was made directly to the plaintiff therefore extinguishing the obligation.

EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED The following documents are to be presented: Exhibit A A machine copy of the promissory note executed by defendant Exhibit B A machine copy of the acknowledgement receipt by Miguel A. Bernal Exhibit C A machine copy of the demand letter by the plaintiff to the defendant Exhibit D A sample specimen signature of the plaintiff Exhibit E A sample specimen signature of the Miguel A. Bernal Exhibit F A sample specimen signature of the defendant. The defendant reserves his right to present other documents not herein listed may be deemed necessary.

WITNESSES TO BE PRESENTED 1) The defendant himself to testify that he has effected the payment; 2) The wife of the defendant, Ava W. Luna to testify the fact of the payment; 3) The children of the defendant to testify the fact of payment;

4) Atty. Paolo S. Nutini to testify that the funds used by defendant to pay his obligation was in fact from him; 5) Miguel A. Bernal to testify that he received the payment of the defendant; 6) Defendant reserves the right to present other witnesses not herein enumerated as deemed necessary. The testimonies of the witnesses would not consume more than 15 minutes on direct examination, and another 15 minutes on cross examination.

DATES OF HEARING The defendant would depend upon the dates agreed upon during the pretrial. RESPECTFULLY SUBMITTED. Iloilo City, Philippines. February 27, 2013.

Counsel for the Defendant

Copy furnished by personal service:

Received by:_____________Date: ____________________