Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 69
Taguig

OYOLA LAND, INC.,

Plaintiff,

Civil Case No. 5678

For: Damages
-versus-

MASON CONSTRUCTION, INC.,

Defendant.
x-------------------------------------------x

PRE-TRIAL BRIEF

Defendant, through counsel, to this Honorable Court, respectfully submits this Pre-trial
Brief as follows:

I. PROPOSALS FOR AMICABLE SETTLEMENT

1.1. Defendant is willing to enter into an amicable settlement and possible terms of
such settlement, provided that 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. Defendant respectfully submits that the desired terms of any amicable
settlement be determined by the Construction Industry Arbitration Commission.

II. ADMISSION OF FACTS AND STATEMENT OF CLAIMS AND DEFENSES

2.1. Defendant admits paragraphs 1, 2, 3, and 4 of the Complaint;

2.2. Defendant admits to the genuineness and due execution of the Construction
Contract attached in the Complaint as Annex “B”;

2.3. Defendant admits that it failed to finish the construction project in due time,
even after an extension period of one month, but denies that there were defects
in its workmanship of the unfinished building as there is no basis as to form a
belief as to its truth and veracity;
 2.4. Defendant raises as a defense that the delay was caused by adverse weather
conditions and that pursuant to the Construction Contract, Defendant informed
Plaintiff of the possible delay caused by such.

III. ISSUES TO BE TRIED AND RESOLVED

Whether or not Defendant is liable for liquidated damages.

IV. DOCUMENTS OR EXHIBITS TO BE PRESENTED

Defendant intends to present an authenticated printout of text messages between

Plaintiff and Defendant’s officers regarding possible extension due to adverse weather
conditions.

V. WITNESSES TO BE PRESENTED

5.1. Engr. Tag Apintura, the contractor assigned by Defendant for Plaintiff’s building,
to testify on the interruptions in the project due to adverse weather conditions
and his communications with Mack Yulit, President of Plaintiff Corporation
regarding the extensions; and

5.2. Engr. Annie Nyero, a third-party engineer consulted by Defendant, to testify as

to the lack of defects in the workmanship of the8 building.

VI. RESERVATIONS AS TO EVIDENCE AND DISCOVERY PROCEDURES

6.1. Defendant reserves the right to present additional documentary and testimonial
evidence as the exigencies of the trial may require; and

6.2. Defendant reserves the right to resort to discovery procedures before trial.

VII. AVAILABLE TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial conference to
dates most convenient to this Honorable Court and to all the parties.

Taguig City, 09 February 2019.

VERSA LAW FIRM

Counsel for the Defendant
22nd Floor, International Banking Corporation
Centre 1519,
Ayala Avenue, Makati City
 by:

MASSI I. PAAG
Managing Partner
Roll of Attorneys No. 12345
MCLE No. IV-87654321/Makati City
IBP No. 234567/13-Jul-16/Makati City
PTR No. C-3456789/13-Jul-16/Makati City

DANIELLE CHRISTIANA J. VERGA

Junior Associate
Roll of Attorneys No. 11111
MCLE No. III-11111111/Las Piñas City
IBP No. 111111/13-Jan-17/Las Piñas City
PTR No. B-1111111/13-Jan-17/Las Piñas City

EXPLANATION

A copy of this ANSWER was sent to the Plaintiff and his Counsel through registered mail
as personal service is impracticable.

MASSI I. PAAG