Pre-Trial Brief

Republic of the Philippines
First Judicial Region

REGIONAL TRIAL COURT
Branch 63
Baguio City
JAMES BAND, represented by

James Band, Jr.,
Plaintiff,
Civil Case No. 7701234
-versus-forSPECIFIC
PERFORMANCE
and DAMAGES
WIDELAND REALTY INCORPORATED,
Defendant.
x------------------------------------------------x
PRE-TRIAL BRIEF
DEFENDANT, through counsels, respectfully submits its
Pre-Trial Brief, as follows:
I.
WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT
I.1
Subject to concrete proposal that is fair and

reasonable and a reciprocal manifestation of
openness from plaintiff, defendant is open to the
possibility of amicably settling the dispute.
I.2
Pursuant to Rule 18 of the 1997 Rules of Civil

Procedure, defendant respectfully submits that the
desired terms of any amicable settlement would
involve, first, a clarification of the actual extent of
any obligation due and owing to the plaintiff
inasmuch as there is nothing to indicate defendants
obligations to plaintiff and second, a schedule of

payments.
II.
BRIEF STATEMENT OF CLAIMS AND DEFENSES
II.1
Plaintiff seeks principally the enforcement of Board

Resolution No. 02-0202 series of 2005.
II.2
Defendant resists plaintiffs claims and moves for the

dismissal of the complaint based on the following
reasons:
II.2.1There is no cause of action because the Board

Resolution is null and void.
II.2.2The action is already barred by prescription.
II.2.3The venue was improperly laid.
II.3
Defendant
also
interposed
a
compulsory
counterclaim
for
One
Million
Pesos
(Php
1,000,000.00) as moral damages, Two Hundred Fifty
Thousand Pesos (Php 250,000.00) as attorneys fees
and cost of suit.
III.
FACTS AND OTHER MATTERS ADMITTED BY THE

PARTIES
III.1 Defendant admits only those facts as stated in its

Answer.
III.2 Subject to a concrete proposal for stipulation of
additional facts from plaintiff during pre-trial or even
thereafter, defendant admits no other facts stated in
the Complaint.
IV.
ISSUES TO BE TRIED
IV.1 Defendant submits that the following issue put

forward by the plaintiff is subject to proof:
IV.1.1
Plaintiffs entitlement to the money and
properties claimed under the Board Resolution.
IV.1.2
suit.
Plaintiffs entitlement to damages and cost of
IV.2 Defendant submits that the following issues it put

forward are subject to proof:
4.2.1 Plaintiffs bad faith in filing this suit;
2
4.2.2 Defendants entitlement to the claims made in

its Compulsory Counterclaim.
V.
V.1
EVIDENCE
Defendant intends to present the following as

witnesses:
5.1.1 Harrison Ford, a member of the present Board
of Directors of the Corporation, who will testify on
how the Corporation knew of the Complaint and the
claims of the plaintiff as well as to the fact that the
Board Resolution did not undergo the lawful process
required under the Corporation Code;
5.1.2 Jeyrick Sigmaton, the Corporate Secretary of
the defendant, who will testify that no demand
regarding the claim of the plaintiff was ever received
by the corporation and that there was no valid
stockholders meeting to support the supposed
disposition of assets in favor of the plaintiff.
5.1.3 Angelina Jolie, Corporate Treasurer of the
defendant, who will testify that the assets of the
Corporation involved in the Board Resolution
comprises substantially all of the assets of the
Corporation in 2005.
5.2 Defendant reserves the right to present any and all

documentary evidence which shall become relevant to
rebut plaintiffs claims in the course of trial as well as any
other witnesses whose testimony will become relevant to
belie plaintiffs witnesses, if necessary.
VI.
RESORT TO DISCOVERY
6.1 Defendant does not intend to avail of any of the

modes of discovery at this time.
6.2 Subject, however, to a concrete and reasonable
request for discovery from plaintiff, defendant reserves
the right to resort to discovery before trial.
VII. AVAILABLE TRIAL DATES
April 27, 2016, May 3, 2016, May 18, 2016
RESPECTFULLY SUBMITTED, this 15th day of April 2016,

Baguio City.
ATTY. ALFRED CAMPAANO

Counsel for Defendant
No. 1 Nabirukan St., Dimasarakan City
PTR No. 212121/ January 5, 2016 Dimasarakan City
IBP No. 212121/ January 5, 2016 Dimasarakan City
Roll No. 212121
MCLE Compliance V No. 21
ATTY. CAROL AUGUSTO

Roll No. 232323
ATTY. KATHLEEN BANKEY
PTR No. 242424 January 5, 2016 Dimasarakan City
Roll No. 242424
ATTY. KRIZTEL-ANN CABRADILLA
Roll No. 252525
ATTY. VICTORIA DINES
Roll No. 262626
4

ATTY. REGINE ANNE LACASANDILE
Roll No. 272727
ATTY. RICHELLE JOI RIVERA
Roll No. 282828
ATTY. ZAFHRULAH TACIO
Roll No. 292929
Copy Furnished:
Counsels for the Plaintiff:
Atty. John Paul Baguiwan
Atty. Rouelli Gift Bolide
Atty. Jsa Noble Gironella
Atty. Brian Jonathan Paraan
Atty. Lovely Grazette Quiben
Atty. Jareed Reyes
Atty. Keouh Rosario
Atty. Joseph Harvey Vehemente
No.11 Kusit Bldg. Tulisan Avenue, Baguio City
Republic of the Philippines )

Dimasarakan City
) S.S.
AFFIDAVIT OF SERVICE
I, PRIMITIVO SANTOS, of legal age, Filipino, married,
after having been duly sworn in accordance with law, do
hereby depose and state:
1. That I am the messenger for Atty. Alfred Campaano,
Atty. Carol Augusto, Atty. Kathleen Bankey, Atty.
Kriztel-Ann Cabradilla, Atty. Victoria Dines , Atty.
Regine Anne Lacasandile, Atty. Richelle Joi Rivera,
and Atty. ZafhrulahTacio, herein counsels for
defendant, Wideland Realty Incorporated;
2. I served copies of the Defendants Pre-trial Brief on
the plaintiff through counsels by delivering
personally a copy on each of the said counsels at
their respective addresses and on the dates indicated
below:
DATE
MODE
OF
NAME
ADDRESS
OF
SERVIC
SERVICE
E
No.11 Kusit Bldg. Tulisan April 15, Personal
Atty. John Paul
Avenue,
2016
Service
Baguiwan
Baguio City
Atty. Rouelli
Avenue,
2016
Service
Gift Bolide
Baguio City
Atty. Jsa Noble No.11 Kusit Bldg. Tulisan April 15, Personal
Avenue,
2016
Service
Gironella
Baguio City
Atty. Brian
Jonathan
2016
Service
Avenue,
Paraan
Baguio City
Atty. Lovely

6
GrazetteQuibe Avenue,
n
Baguio City
2016
Service
Atty. Keouh
Rosario

Avenue,
2016
Service
Baguio City
2016
Service
Avenue, Baguio City
Atty. Joseph
Harvey
Vehemente

Avenue,
2016
Service
Baguio City
Atty. Jareed
Reyes
IN WITNESS WHEREOF, I have hereunto set my hand

this 15th day April 2016 in Dimasarakan City, Philippines.
PRIMITIVO SANTOS
Affiant
SUBSCRIBED AND SWORN to before me on the 15th
day of April 2016 in the City of Dimasarakan, the affiant
exhibited his drivers License No. 2385 issued on January 5,
2016 at Dimasarakan City, Philippines.
WITNESS MY HAND AND NOTARIAL SEAL.
ATTY. CLARIS LANGNGAG

Notary Public Until December 31, 2017.
Roll of Attorney No. 24680
IBP No. 12345 (Lifetime), Dimasarakan Chapter
PTR No. 135790, Dimasarakan City, Jan 3, 2016
MCLE Compliance No. V-6428
Doc No.57
Page No.6
Book No.IV
Series of 2016.

Pre-Trial Brief

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Republic of the Philippines

First Judicial Region

JAMES BAND, represented by

WILLINGNESS TO ENTER INTO AN AMICABLE

Subject to concrete proposal that is fair and

Pursuant to Rule 18 of the 1997 Rules of Civil

obligations to plaintiff and second, a schedule of

BRIEF STATEMENT OF CLAIMS AND DEFENSES

Plaintiff seeks principally the enforcement of Board

Defendant resists plaintiffs claims and moves for the

II.2.1There is no cause of action because the Board

FACTS AND OTHER MATTERS ADMITTED BY THE

III.1 Defendant admits only those facts as stated in its

IV.1 Defendant submits that the following issue put

Plaintiffs entitlement to damages and cost of

IV.2 Defendant submits that the following issues it put

4.2.2 Defendants entitlement to the claims made in

Defendant intends to present the following as

5.2 Defendant reserves the right to present any and all

6.1 Defendant does not intend to avail of any of the

RESPECTFULLY SUBMITTED, this 15th day of April 2016,

ATTY. ALFRED CAMPAANO

ATTY. CAROL AUGUSTO

MCLE Compliance V No. 26

Republic of the Philippines )

No.11 Kusit Bldg. Tulisan April 15, Personal

No.11 Kusit Bldg. Tulisan April 15, Personal

No.11 Kusit Bldg. Tulisan April 15, Personal

IN WITNESS WHEREOF, I have hereunto set my hand

ATTY. CLARIS LANGNGAG

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