REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th JUDICIAL REGION
DAVAO CITY, BRANCH _____

ANECITA BE,
Plaintiff
- versus -

Civil Case No.

For: Collection of sum of
money, Attorneys fees
and Damages

TERESITA LU,
Defendant
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF
The DEFENDANT, represented by the undersigned counsel,
respectfully submits to this Honorable Court this Pre-Trial Brief, to
wit:
I
BRIEF STATEMENT OF CLAIMS AND DEFENSES
1. Plaintiff claims that sometime on December 16, 2013 , the
Defendant borrowed money from the plaintiff in the total amount of ONE
MILLION PESOS ( P 1,000,000.00 ) Philippine currency plus interest;

2. That the parties agree that interest shall accrue at a rate of five
percent ( 5%) per month reckoned from the release of the loan;
3. that the loan became due and demandable but Defendant made NO
PAYMENT thereon;
4. That demands both oral and written were made but Defendant
vehemently refused to pay her obligation;
5. Request and demand letter was sent to Defendant for her to settle
her obligation but still he refused to pay;
6. On the other hand, Defendant raise as defenses that the said
obligation has already been paid. Hence, the Plaintiff has no cause of action
against him.
7. That the Defendant asks for the dismissal of the said complaint filed
by the Plaintiff.

II
FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
The following facts had been commonly admitted by all parties, as may
be based in the pleadings they each submitted:
8. The respective names, and the personal circumstances of all the
herein parties.

III
ISSUES TO BE TRIED
The following are the simplified issues that may be resolved herein:

9. Is TERESITA LU, herein Defendant, liable to ANECITA BE, herein Plaintiff ,

in the total amount of ONE MILLION PESOS ( P 1,000,000.00) Philippine
Currency?
10. Is TERESITA LU liable to pay costs of litigation and Attorneys fees
derived from the amount due?

IV.
EVIDENCE/ EXHIBITS PROPOSED FOR MARKINGS
11. .EXHIBIT 1 and/or its sub markings, which are copies of the
Contract of Loan, to prove that the Plaintiff and Defendant entered into loan
with

the Defendant for the principal amount of ONE MILLION PESOS(P

1,000,000.00) Philippine Currency with five percent (5%) interest ;

12.EXHIBIT 2 and/or its sub markings, which are copies Promissory
Note to prove that the Plaintiff and Defendant entered into loan with

the

Defendant for the principal amount of ONE MILLION PESOS(P 1,000,000.00)

Philippine Currency with five percent (5%) interest ;
13.EXHIBIT 3 and/or its sub markings which are copies of demand
letter dated March 25, 2014, to prove that a final demand was sent and
received in the regular course of the mails;
14. EXHIBIT 4 and /or its sub markings which are copies of the official
receipt to prove payment of the loan was made by the Defendant to the
Plaintiff.
Other documents as may be determined to be relevant to the case
during the course of trial.
TERESITA LU, herein Defendant, reserves her right to present
additional exhibits during the trial which are not pre-marked, for good cause
that may be shown.

WITNESSES PROPOSED FOR PRESENTATION

15 Plaintiff intends to present the following witnesses:
16. MS. MIKOBARRON, to establish that the plaintiff and defendant
actually met on December 16,2013 , that plaintiff and defendant
executed a contract of loan, where defendant borrowed money in the
amout of ONE MILLION PESOS (P 1,000,000.00) Philippine Currency.
17.

MS. ZILDIANA ALIMA, to establish that she witnessed the

payment in cash was made by the Defendant to the Plaintiff.

18.

Plaintiff reserves the right to present any and all documentary

evidence, which shall become relevant to rebut other party s claims in the
course of trial as well as any other witnesses whose testimony will become
relevant to belie defendants witnesses, if necessary.

VI.
RESORT TO DISCOVERY
19.

Considering the relatively simple issues presented, plaintiff does

not intend to avail of discovery at this time;

20.

Subject, however, to a concrete and reasonable request for

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

before trial.

VII
PPOPOSAL FOR AMICABLE SETTLEMENT
21. The party is willing to enter into an amicable settlement
with the Plaintiff under reasoble terms as may be agreed upon.
Hence, it is willing to submit this case to any of the alternative
modes of dispute resolution.
VIII
AVAILABLE TRIAL DATES
April 8 ,2014, APRIL 18, 2014 and April 28, 2014 .
RESPECTFULLY SUBMITTED.

Davao CityPhilippines, 28 March 2014.

By:
ATTY. ZEHAN LOREN E. TOCAO
Counsel for Defendant
Bajada, Davao City
Roll No. 87832 IBP No. 863992 dated 1-5-10
MCLE Compliance No. 11-00088469
COPY FURNISHED:
ATTY. IZUMAKI NARUTO, CPA
Counsel for the Plaintiff
Rm.1-G, Times Beach Corporate Centre
Ecoland, Davao City