REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

SIXTH JUDICIAL REGION
BAROTAC NUEVO, ILOILO
BRANCH 112

DEREK RAMSEY,

Plaintiff,

- versus - Civil Case No. 100110

For: Collection of sum of money

JOHN LLOYD,

Defendants.

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PRE-TRIAL BRIEF

PLAINTIFF, by counsel and unto the Honorable Court, most respectfully

submits this Pre-Trial Brief:

POSSIBILTY OF AMICABLE SETTLEMENT AND SUBMISSION TO

ALTERNATIVE MODES OF DISPUTE RESOLUTION

1.1 Derek Ramsey respectfully manifests, without admitting

liability or waiving any of his rights or defenses, that he is open to any reasonable
proposal for amicable settlement from John Lloyd or referral of the case to
alternative modes of dispute resolution, including mediation and or judicial
dispute resolution.

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 SUMMARY OF ADMITED AND UNDISPUTED FACTS

2. 1. On 15 January 2014, Defendant came in to Plaintiffs Dunkin

Donut shop to borrow from the Plaintiff money amounting to One Hundred Fifty
Thousand Pesos (P150,000.00) and promised to pay in six (6) months after the
day the money is delivered.

2.2. Since Defendant is a long-time friend of the Plaintiff, in his

kindness, Plaintiff agreed with the said condition and agreed that there will be no
interest imposed on the amount of money borrowed. On the next day, the Plaintiff
delivered the money in the Defendants residence in Strawberry Streeet, Barotac
Nuevo, Iloilo.

2.3 On July 16, 2014, the sum of money borrowed by the

Defendant became due and demandable as stipulated by both parties. However,
the Defendant failed to appear in the Dunkin Donut shop of the Plaintiff for the
payment of the said amount.

2.4 In his kindness, and still considering that the Defendant is a

long-tim friend, Plaintiff waited a week for the Defendant to make payment for the
sum of money borrowed. But, Defendant did not come to Plaintiffs shop to pay
the remaining balance, contrary from what he promised

2.5 On July 23, 2014, Plaintiff, through his counsel then instituted a
Demand letter to compel the Defendant to pay the P150, 000 balances. The
Plaintiff himself delivered in the residence of the Defendant. Since the Defendnt
was not present in the residence that day, the demand letter was received by the
house-help of the Defendant, Bea Marrudo.

2.6 However, Defendant claims that he paid the said amount to

Plaintiffs secretary and further claims that Plaintiff was not around in his shop on
the said day of July 23, 2014, and that he did not receive any Demand letter
coming from Plaintiff. Plaintiff claims otherwise as stipulated in the foregoing,
hence this instant case.

PROPOSED STIPULATION OF FACTS WITH REQUEST FOR ADMISSION

3.1 That the Plaintiff admits only the facts stated in the
complaint.

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 STATEMENT OF FACTUAL AND LEGAL ISSUE

4.1 Whether or not the sum of money loaned was paid.

DOCUMENTARY EVIDENCE

5.1. Exhibit A Machine copy of the demand letter executed

against the Defendant by the Plaintiff and her counsel.

WITNESS AND ABSTRACT OF TESTIMONIES

6.1. Plaintiff

Present evidence to support his claim about the facts of the

case.

6.2. Plaintiffs Secretary

Present evidence to prove that no payment was received on

the day of July 16, 2011, coming for the Defendant.

APPLICABLE LAW IN SUPPORT OF PLAINTIFFS CLAIMS

7.1. 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 aresolutory condition, and prescription, are governed elsewhere in
this Code. (1156a)

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 RESERVATION

8.1. Plaintiff respectfully reserves the right to present other

witnesses, documents or evidences in addition to, or in substitution of, those
mentioned above and or for purposes in addition to or in substitution of those
mentioned should a need thereof arises; propose other issues as the exigencies
of trial may demand; cite and invoke other laws and jurisprudence that may be
relevant in the course of the proceedings; amend his Petition, as may be
warranted.

APPROXIMATE NUMBER OF HOURS NEEDED TO COMPLETE THE

PRESENTATION OF EVIDENCE

9.1. Should Defendant refuse to enter into stipulations of fact and

make admissions, Petitioner will need about three (3) hours to complete the
direct examination of its witnesses, at approximately one (1) hour and thirty (30)
minutes per witness. These estimates exclude the time for the cross and re-direct
examinations, which is difficult to predict.

WHEREFORE, Plaintiff, Derek Ramsey, respectfully prays that,

Defendant, John Lloyd be compelled to pay the amount of One Hundred Fifty
Thousand Pesos (P150, 000) and be sanctioned in accordance with law.

Atty. Izabella Calzado

Counsel

Copy Furnish:

Atty. Ben Santos

Counsel for the Defendant

13 Babaw Bldg., Kilid Street

Iloilo City

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 EXPLANATION FOR FILING AND SERVICE BY REGISTERED MAIL

In compliance with Rule 13, Section 11 of the Rules of Court, counsel

respectfully manifests that the forgoing PRE-TRIAL BRIEF FOR THE
COMPLAINANT will be filed and served by registered mail due to distance and
time constraints, as well as the limited number of office messengers available.

Atty. Izadora Calzado

Counsel