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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY, BRANCH 69

HELGA HACIENDERA,
Plaintiff,
Civil Case No.: M-Civ-123 -
- versus - 45678

For: Sum of Money

SIMPLICIA MAGSAKA,
Defendant.
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PRE-TRIAL BRIEF

Plaintiff HELGA HACIENDERA, by undersigned counsel, most

respectfully states:

I. Amicable Settlement and Alternative Modes of Dispute

Resolution

1. Plaintiff respectfully manifests, without waiving any of her

rights or defenses, that she is willing to consider a possible amicable
settlement with Defendant upon such fair and reasonable terms as
may be agreed upon by the parties. Plaintiff further manifests that the
possibility of an amicable settlement would involve an admission of
the amount due and owing to Plaintiff and a schedule of payment to
settle the loan that must be strictly adhered to by Defendant.

2. Plaintiff is willing to refer the dispute with Defendant to

alternative modes of dispute resolution, including mediation or judicial
dispute resolution.

II. Brief Statement of Claim

1. Plaintiff HELGA HACIENDERA and Defendant

SIMPLICIA MAGSAKA entered into a contract of loan in October 20,
2014 for the principal amount of Two Hundred Fifty Thousand Pesos
(Php 250,000.00) with a stipulated 6% annual interest to be paid after
Defendant graduates from college or in two (2) years and six (6)
months.
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2. Plaintiff sent a formal letter of demand to Defendant dated

October 26, 2017 asking her to pay the principal amount of Two
Hundred Fifty Thousand Pesos (Php 250,000.00) with a stipulated
6% annual interest as it is already due and demandable. Defendant
refused to pay.

3. Plaintiff is entitled to the payment of the balance

amounting to Two Hundred Fifty Thousand Pesos (Php 250,000.00)
plus 6% annual interest.

4. By reason of Defendant’s unreasonable failure or refusal

to pay their due and demandable obligation, Plaintiff was forced to
engage the services of counsel to vindicate her rights, thereby
committing herself to pay legal expenses amounting to Fifty
Thousand Pesos (Php 50,000.00).

III. Summary of Admitted Facts

Plaintiff admits the following facts:

1. The Plaintiff, HELGA HACIENDERA, and Defendant,

SIMPLICIA MAGSAKA are both of legal age.

2. Plaintiff made the Defendant sign a sheet of paper

containing the stipulations of loan, which the parties had agreed
upon, but since the interest rate was contested, Plaintiff left the
interest blank on the document.

IV. Proposed Stipulation of Facts with Request for

Admission

Plaintiff requests that Defendant stipulate on the following facts:

1. The Defendant approached the Plaintiff on October 20,
2014 to borrow money from the Plaintiff amounting to Two Hundred
Fifty Thousand Pesos (Php 250,000.00) for the operation of the
Defendant’s sick father and to pay for hospital bills.

2. The Plaintiff agreed to lend money to the Defendant on

the condition that the latter would pay the loan after she graduates
from college in two (2) years and six (6) months. The Defendant
agreed to such condition. The Plaintiff and Defendant entered into a
contract of loan in 2014;

3. The Plaintiff made the Defendant sign a document

containing the following stipulations:
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3.1. The loan was for the principal amount of Two

Hundred Fifty Thousand Pesos (Php 250,000.00) ;

3.2. The principal amount of Two Hundred Fifty

Thousand Pesos (Php 250,000.00) with interest was payable
after the Defendant graduates from college;

3.3. The interest agreed upon by the parties as 6% per

annum.

4. Plaintiff delivered the amount of Two Hundred Fifty

Thousand Pesos (Php 250,000.00) in cash to Defendant on October
20, 2014.

5. On June 11, 2017, Defendant graduated from college.

Thus, the Plaintiff sent a reminder to the Defendant of her
outstanding loan obligation through a text message. The Plaintiff sent
another text message on August 11, 2017, but the Defendant failed to
reply.

6. Out of the kindness of her heart and considering that

Defendant is the breadwinner of her family, Plaintiff waited until
September 2017 for a reply from Defendant.

7. On October 27, 2017, considering that the loan has

become due and demandable, Plaintiff sent a formal letter of demand
through her driver, Jun-jun Facundo, to Defendant. The Defendant
acknowledged and received the letter in her residence on the same
day.

8. On November 15, 2017, Plaintiff went to the house of

Defendant to confront her about the loan, which the Defendant
denied receiving. Plaintiff showed her a copy of the document
embodying their loan agreement with Defendant’s signature on it, but
Defendant insisted that she did not sign the said document nor
receive its proceeds. Hence, this instant case.

The Plaintiff requests that Defendant admit the authenticity and

due execution of the following documents, described below, copies of
which are attached to this Pre-Trial Brief:

1. Loan agreement entered into by Plaintiff and Defendant

on October 20, 2014.

2. Demand letter received by the Defendant on 27 October

2017.
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The Plaintiff requests Defendant to admit the authenticity of the

following:

1. The signature, marked as Exhibit “A-1”, appearing on

Exhibit “A” belongs to Defendant Simplicia Magsaka;

2. The signature, marked as Exhibit “B-1”, appearing on

Exhibit “B” belongs to Defendant Simplicia Magsaka.

3. The signature, marked as Exhibit “C-1”, appearing on

Exhibit “C” belongs to Defendant Simplicia Magsaka.

4. The signature, marked as Exhibit “D-1”, appearing on

Exhibit “D” belongs to Defendant Simplicia Magsaka.

V. Issues

Plaintiff respectfully submits the following issues for resolution

by the Honorable Court:

1. Whether the parties executed a valid contract of loan for

the principal amount of Two Hundred Fifty Thousand Pesos (Php
250,000.00);

2. Whether the demand letter dated 26 October 2014 and

sent through Jun-jun Facundo constitutes sufficient demand;

3. Whether Defendant’ obligation is due and demandable;

4. Whether Plaintiff is entitled to the payment of the loan

amounting to Two Hundred Fifty Thousand Pesos (Php 250,000.00)
plus legal interest;

5. Whether Plaintiff is entitled to attorney’s fees in the

amount of Fifty Thousand Pesos (Php 50,000.00).

VI. Discovery

Plaintiff reserves the right to avail of discovery in accordance

with Rules 27 to 29 of the 1997 Rules of Civil Procedure.

VII. Documents

Plaintiff will present the following documents, copies of which

are attached to this Pre-Trial Brief:
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1. Loan agreement executed by Plaintiff HELGA

HACIENDERA and Defendant SIMPLICIA MAGSAKA on October 20,
2014 (Exhibit “A”) to prove that a loan agreement wherein Plaintiff
agreed to lend Two Hundred Fifty Thousand Pesos (Php 250,000.00)
to Defendant was entered into by the parties on October 20, 2014
with the term of two years and six months

2. Demand letter dated October 27, 2017 sent by Plaintiff

through her driver Jun-jun Facundo to the residence of Defendant
(Exhibit “B”) to prove that Plaintiff made an extrajudicial demand on
October 27, 2017 to Defendant before filing this action;

3. Receiving copy of the loan agreement entered into by

Plaintiff and Defendant on October 20, 2014 and signed by
Defendant (Exhibit “C”) to prove that Defendant has received a copy
of the document embodying the loan agreement;

4. Receiving copy of the demand letter dated October 27,

2017 and signed by the Defendant on the same day (Exhibit “D”) to
prove that Defendant received a copy of the extrajudicial demand
delivered by witness Jun-jun Facundo to the latter’s residence;

5. Text message sent by Plaintiff to Defendant on June 11,

2017 (Exhibit “E”) to prove that Plaintiff sent a reminder regarding the
loan to Defendant prior to the maturity of the loan;

6. Text message sent by Plaintiff to Defendant on August

11, 2017 (Exhibit “F”) to prove that Plaintiff sent a reminder regarding
the loan to Defendant prior to the maturity of the loan;

7. Judicial Affidavit of Plaintiff Helga Haciendera (Exhibit

“G”) to prove that Plaintiff and Defendant entered into a loan
agreement on October 20, 2014 and that the latter refused to pay
such loan despite written and oral demand on October 27, 2017 and
November 15, 2017, respectively;

8. Judicial Affidavit of Witness Yayo Kasam-Buhay (Exhibit

“H”) to prove that Plaintiff and Defendant entered into a loan
agreement on October 20, 2014 and to corroborate the testimony of
Plaintiff;

9. Judicial Affidavit of Witness Jun-jun Facundo (Exhibit “I”)

to prove that the Defendant received a copy of the loan agreement
dated October 20, 2014 and the demand letter dated October 27,
2017;

Plaintiff reserves the right to present other documentary

evidence during trial.
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VIII. Witnesses

Plaintiff will present the following witnesses:

1. Helga Haciendera, who will testify that Defendant

approached her to borrow a sum of money for the operation of the
latter’s father;

2. Yayo Kasam-buhay, kasambahay of Helga Haciendera,

who will testify that Defendant went to the house of Plaintiff to request
for financial assistance through a loan;

3. Jun-jun Facundo, driver and messenger of Helga

Haciendera, who will testify that Defendant received a copy of the
demand letter;

Plaintiff reserves the right to present additional witnesses as

may be necessary.

Respectfully submitted.

Quezon City for Pasig City, 8 May 2018.

TEAM 10 Law Office

Counsel for Plaintiff
Ground Floor, Malcolm Hall
University of the Philippines
Diliman, Quezon City

By:

AIVAN CHARLES A. TORRES

Roll of Attorneys No. 7789
MCLE No. V-00123/03-Mar-91/Quezon City
IBP No.025757/9-Jan-92/Bulacan
PTR No. 6623977/10-Jan-92/Makati City
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COPY FURNISHED:

QTO Law Firm

Counsel for Defendant
Suite 204, Ang Bahay ng Alumni
University of the Philippines
Diliman, Quezon City 1101

EXPLANATION

The undersigned manifests that a copy of this Pre-Trial Brief

was filed and served on Defendant by registered mail due to time,
distance and personnel constraints in effecting personal service and
filing. This explanation is given pursuant to Rule 13, Section 11 of the
1997 Rules of Civil Procedure.

AIVAN CHARLES A. TORRES

Counsel for Plaintiff