Republic of the Philippines

REGIONAL TRIAL COURT

11
TH
Judicial Region
Branch___
Davao City
ANECITO BE. Civil Case no.___
Plaintiff,
For: Collection of S!
- verss -
TERESITA LU
Defendant,
x- - - - - - - - - - - - - - - - - - - x
"RE TRIAL BRIEF
CO#ES NO$, the defendant, by counsel, to this onorable Court,
respectfully sub!its this pre trial brief as follo"s#
I
STATE#ENT OF THE CASE
$rt. %&'% of the Civil Code provides that(
Obligations are extinguished:
(1.) By payment or performance:
(2) By the loss of the thing due:
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) By comensation;
(!) By no"ation#
Other causes of extinguishment of obligations$ such as annulment$ rescission$
fulfillment of a resolutory condition$ and rescrition$ are go"erned else%here in
this &ode# (''5!a)(
)n January &&, &*%+, defendant ca!e to the residence of the plaintiff
re,uesting that she be allo"ed to borro" Pesos# )ne -illion Pesos .P
%,***,***.**/ for the purpose of using the !oney to pay for the hospital
expenses incurred for the !edication of her Child.
0ouched "ith his co!passionate heart, plaintiff lent the aforesaid a!ount
on the condition that he be repayed on or before -ay 1, &*%+ as provided for in
the pro!issory note executed by the plaintiff.
)n -ay 2, &*%+, defendant received the de!and letter fro! the plaintiff.
3pon reading the de!and letter, in truth and in fact, defendant sca!pered to loo4
for funds in order the settle the a!ount o"ed to the plaintiff.
)n -ay %*, &*%+, defendant "ent to the residence of the plaintiff in order
to effect pay!ent. o"ever, the plaintiff "as not physically around at that ti!e.
Defendant decided to tender the a!ount of Pesos# )ne -illion Pesos .P
%,***,***.**/ de!anded fro! her to the plaintiff5s daughter, Bahog Be, of legal
age, and living "ith plaintiff "ithin the sa!e abode. Receipt of the a!ount is
evidenced by a "ritten ac4no"ledg!ent by the plaintiff5s daughter.
o"ever, plaintiff clai!s to have not received the pay!ent fro! the
defendant. 6urther, plaintiff is insisting that there "as a stipulation of interest of
17 per !onth "hich "as not "ritten on the face of the pro!issory note executed
by the defendant. Defendant clai!s other"ise as stipulated in the foregoing,
hence this instant case.
II
"OSSIBILIT% OF A#ICABLE SETTLE#ENT
Defendant o"es !uch gratitude to the plaintiff and his fa!ily. )ver the
years, plaintiff has been a 8ood 9a!aritan in the co!!unity. :t is of para!ount
interest of the defendant to a!icably settle the case. Defendant is very !uch
"illing to pay for a legal interest rate of 27 per annu! and the attorney5s fees of
Pesos# 6ifty thousand Pesos .P 1*,***.**/ as prayed for by the plaintiff in his
co!plaint.
III
"RO"OSE& STI"ULATION OF FACTS AN&'OR A&#ISSION OF FACTS
%/ 0hat plaintiff is not into the business of lending !oney for interest or for
the purpose of deriving profits therefro!.
&/ 0hat Bahog Be, of legal age, single, is the daughter of the plaintiff
living "ith hi! "ithin the sa!e abode.
'/ 0hat Bahog Be does not suffer fro! any i!pair!ent of her !ental
faculties that i!pairs her legal capacity to enter into a contract or
"hatever of the sa!e nature.
+/ 0hat the signature appearing on the $c4no"ledg!ent Receipt !ar4ed
as ;<xhibit B= hereof is that of Bahog Be.
1/ 0hat on -ay %*, &*%2, on or about 'P- to +P-, plaintiff "as not
around or "ithin the pre!ises of his residence.
I(
ISSUES TO BE TRIE& OR RESOL(E&
%/ >hether or not there "as a stipulation of interest charges at the ti!e
the plaintiff granted the plead of the defendant of lending !oney(
&/ >hether or not interest charges !ay be legally i!posed even in the
absence of such provision on the face of the pro!issory note executed
by the defendant(
'/ >hether or not the pay!ent !ade to the daughter of the plaintiff "ho
lives "ith hi! in the sa!e abode is a valid tender of pay!ent as if it
"as !ade directly to the plaintiff therefore extinguishing the obligation.
(
E)HIBITS #AR*E& AS &OCU#ENTS TO BE "RESENTE&
0he follo"ing docu!ents are to be presented#
+E,-i.it A/ ? $ !achine copy of the pro!issory note executed by defendant
+E,-i.it B/ ? $ !achine copy of the ac4no"ledge!ent receipt by Bahog Be
+E,-i.it C/ ? $ !achine copy of the de!and letter by the plaintiff to the
defendant
+E,-i.it &/ ? $ sa!ple speci!en signature of the plaintiff
+E,-i.it E/ ? $ sa!ple speci!en signature of Bahog Be
+E,-i.it F/ ? $ sa!ple speci!en signature of the defendant
0he defendant reserves his right to present other docu!ents not herein listed a
!ay be dee!ed necessary.
(I
$ITNESSES TO BE "RESENTE&
%/ 0he defendant hi!self ? to testify that he has effected the pay!ent(
&/ 0he usband of the defendant, Palalo @u ? to testify the fact of the
pay!ent(
'/ 0he children of the defendant ? to testify the fact of pay!ent(
+/ $tty. 0inor Jac4 ? to testify that the funds used by defendant to pay his
obligation "as in fact fro! hi!(
1/ Bahog be ? to testify that she received the pay!ent of the defendant(
2/ Defendant reserves the right to present other "itnesses not herein
enu!erated as dee!ed necessary.
0he testi!onies of the "itnesses "ould not consu!e !ore than %1
!inutes on direct exa!ination, and another %1 !inutes on cross
exa!ination.
$HEREFORE, defendant prays that the forgoing be ta4en cogniAance of.
(II
&ATES OF HEARING
0he defendant "ould depend upon the dates agreed upon during the pre
trial.
RES"ECTFULL% SUB#ITTE&.
Davao City.
9epte!ber %&, &*%2
ATT%. #ICHAEL B. GESTO"A
Counsel for the Defendant,
8estopa, -artineA @a" office, &1
th
floor
$eon 0o"ers Davao City
Roll no. BCD21+
:BP no. 2D1+BD Jan. %, &*%D
P0R no.D21'+' Jan. %, &*%D
Davao City
Copy furnished
by personal service#
ATT%. ARTHUR 0AC*
Counsel for the plaintiff,
E!. C Cabantian Road
Davao City
Received by# Date#