Republic of the Philippines

6TH JUDICIAL REGION

Regional Trial Court
Branch 31
Iloilo City
SYDNEY S. LOPEZ,
Plaintiff

Civil Case No. 1334

FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES

- versus DESIREE V. BAYONA,

Defendant
x ------------------------------x
PRE TRIAL BRIEF
DEFENDANT, by counsel, to the Honorable Court, respectfully
submits her pre trial 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 December 28, 2013, defendant came to the residence of the
plaintiff requesting that he be allowed to borrow One Million Pesos (P
1,000,000.00) for the purpose of using the money to pay for the renovation
of her house.

Touched with his compassionate heart, plaintiff lent the aforesaid

amount on the condition that he be repayed on or before June 28, 2014 as
provided for in the promissory note executed by the plaintiff.
On June 27, 2005 defendant scampered to look for funds in order the
settle the amount owed to the plaintiff and 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
One Million Pesos (P 1,000,000.00) to the plaintiffs father, Crizelle Joy S.
Lopez, of legal age, and living with plaintiff within the same abode. Receipt
of the amount is evidenced by a written acknowledgment by the plaintiffs
mother.
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 and the attorneys fees prayed
for by the plaintiff in his complaint.
PROPOSED STIPULATION OF FACTS AND/OR ADMISSION OF
FACTS
1)
2)
3)
4)
5)

That plaintiff is not into the business of lending money for interest
or for the purpose of deriving profits therefrom.
That Crizelle Joy S. Lopez, of legal age, is the mother of the
plaintiff and living with him within the same abode.
That Crizelle Joy S. Lopez 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.
That the signature appearing on the Acknowledgment Receipt
marked as Exhibit 2 hereof is that of Crizelle Joy S. Lopez.
That on June 27, 2005, on or about 1PM to 3PM, plaintiff was not
around or within the premises of his residence.

ISSUES TO BE TRIED OR RESOLVED

1)

Whether or not the payment made to the mother 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 1 A machine copy of the promissory note executed by defendant
Exhibit 2 A machine copy of the acknowledgement receipt by Crizelle Joy
S. Lopez
Exhibit 3 A sample specimen signature of the plaintiff
Exhibit 4 A sample specimen signature of the Crizelle Joy S. Lopez
Exhibit 5 A sample specimen signature of the defendant
The defendant reserves his right to present other documents not herein
listed a may be deemed necessary.
WITNESSES TO BE PRESENTED
1)
2)
3)
4)

The defendant himself to testify that she has effected the

payment;
The mother of the defendant, Margaret V. Bayona to testify the
fact of the payment;
Dr. Sussie B. Chua to testify that the funds used by defendant to
pay her obligation was in fact from her;
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
pre trial.

WHEREFORE, plaintiff respectfully prays that this Pre-Trial Brief be

duly noted and made of record.
Iloilo City, January 8, 2015.

ATTY. VINCENT ENRIQUE A. VARONA

Counsel for the Defendant
Varona Law Office, Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City
IBP NO. 123456, 01/04/14, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/14

COPY FURNISHED:
BY PERSONAL SERVICE
ATTY. MA. CASSIE JEAN D. DOLDUCO
Counsel for the Petitioner
Dolduco Law Office, Mission Extension Street, Lapaz, Iloilo City
Received by:

Date:

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