REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
CAGAYAN DE ORO CITY, BRANCH 21

LEE MIN HO,

Plaintiff,

- versus - Civil Case No. 888888

For: Collection of sum of money

GONG YOO,
Defendants.

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PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as

follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE

TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete proposal that

is fair and reasonable and a reciprocal manifestation of openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff respectfully

submits that the desired terms of any amicable settlement would involve, first, an admission of

amount due and owing to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant failed to pay the purchase price of SIX MILLION

PESOS (Php6,000,000.00) for the Ford Mustang automobile delivered to the defendant.
 2.2 Defendant raise as defenses that no sale ever transpired and that the checks issued

to Mr. Lee were stolen and the defendants signature forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer, i.e., their personal

circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issue is subject to proof:

4.1.1. The loss of the defendants checks as the cause for the accounts closure and

forgery of his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a contract of sale with the plaintiff;

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Gianna Jun, to establish that the plaintiff and defendant actually met at the

Limketkai Luxe Hotel, that the Mustang was the subject matter of a contract of sale between the
plaintiff and defendant, and that the defendant paid in managers check THREE MILLION

PESOS (P3,000,000) and issued ten post-dated checks covering the balance;

5.1.2 Ms. Suzy Uy, manager of the hotel restaurant, as witness to the meeting and the

transaction;

5.2. Plaintiff reserves the right to present any and all documentary evidence, which

shall become relevant to rebut defendants 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

6.1. Considering the relatively simple issues presented, plaintiff does not intend to

avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from

defendant, plaintiff reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES

April 3, 2017, April 10, 2017, April 17, 2017 and April 24, 2017.

RESPECTFULLY SUBMITTED.

Cagayan de Oro City. 11 March 2017.

JOSE MARIA SISON DUTERTE

Counsel for the Plaintiff
4th Floor Gateway, Limketkai Center
Cagayan de Oro City, Philippines
 By:

LEONARDO DE RIANO
IBP # 123456 4/25/17 Cagayan de Oro City
PTR #789123 4/25/17 Cagayan de Oro City
ROA 8888
MCLE Compliance No. II 01-45678

Copy Furnished:
By Personal Service

Atty. Cynthia Delima

Delima & Patag Offices
75, Cruz-Taal St., Cagayan de Oro City