Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch ___
City of Manila

MR. A,
Plaintiff,
CIVIL CASE NO. _______
-versus- For: DAMAGES BASED ON QUASI-DELICT

XYZ, INC. and MR. B,

Defendants.
x-------------------------------------------------------x

PRE-TRIAL BRIEF

Plaintiff, by counsel, respectfully submits his pre-trial brief as follows:

I. AMICABLE SETTLEMENT

Plaintiff is willing to enter into an amicable settlement which is beneficial to him.

II. STIPULATION OF FACTS

1. On November 13, 2018, a passenger bus owned and operated by XYZ, Inc., with
plate number UJL 734 hit the plaintiff’s car, a Toyota Vios model 2016, with plate
number PUQ 491;

2. The said bus was driven by Mr. B, who negligently and recklessly drove at a fast
speed, disregarding the traffic conditions during the rush hour;

3. Plaintiff sustained damages in the amount of One Hundred Twenty Thousand

Pesos (Php120,000.00) representing the cost for the repairs of the car; Seventy Six
Thousand Pesos (Php 76,000.00) as medical expense; Twelve Thousand Five
Hundred Pesos (Php 12,500.00) as transportation expense for the duration of the
repairs; Forty-Four Thousand Pesos (Php 44,000.00) as loss of profits;

4. Plaintiff demanded from Defendant XYZ, Inc. at least the costs of repairs and
hospitalization of the Plaintiff, but the same was ignored;

5. Due to the accident and the Defendants’ refusal to cooperate, Plaintiff suffered
mental anguish, serious anxiety, and moral shock;

6. Plaintiff was obliged to hire the services of a lawyer who is entitled to attorney’s
fees in the amount of Seventy Thousand Pesos (P70,000.00).

III. ISSUE

Whether or not Defendants are liable for damages due to their negligence.
 IV. WITNESSES

Witness 1 Mr. A, Plaintiff

Witness 2 Police Officer
Witness 3 Auto Mechanic
Witness 4 Physician
Witness 5 Personnel from Human Resources Department of Mr. A’s office
Witness 6 Personnel from Accounting Department of Mr. A’s office
Witness 7 Psychologist

Plaintiff reserves the right to present additional witnesses as the exigencies of trial
may require.

V. DOCUMENTS

A. Police Report
B. Certificate of Registration of Toyota Vios model 2016 with plate number
PUQ 491
C. Certificate of Registration of passenger bus with plate number UJL 734
D. Official Receipt of the repairs of the Toyota Vios
E. Medico Legal report
F. Medical Certificate
G. Official Receipt of Medical Expenses
H. Official receipt from Grab
I. Certificate of Employment
J. Pay Slip
K. Letter of demand and request for extrajudicial settlement
L. Official Receipt of the Attorney’s Fees from Atty. X

Plaintiff reserves the right to present additional documentary evidence that may
become available.

VI. MODES OF DISCOVERY

Plaintiff intends to avail of modes of discovery but not limited to deposition.

PRAYER

WHEREFORE, premises considered, plaintiff respectfully prays that the Pre-trial

Brief be noted and admitted.

All other just and equitable reliefs are likewise prayed for.

22 February, 2019. Manila City, Philippines.

(Signed)
ATTY. X
Counsel for Plaintiff
Unit 11, Shepherd’s Tower, City of Manila
 atty_x@gmail.com
09266738851 / 6371121
Roll of Attorneys No. 60764
IBP Lifetime No.529084; City of Manila
PTR No. 903456; June 19, 2017, City of Manila
MCLE Compliance No. 990874
 

COPY FURNISHED:

ATTY. Z
Counsel for the Defendants
No. xx
Email: xx
Cellphone No. xxxx-xxx-xxxx

EXPLANATION

A copy of this Pre-Trial Brief was served via registered mail, instead of via personal
service, on the adverse counsel due to the distance of his law office address and the lack
of field staff of undersigned counsel at this time.

(Signed)
ATTY. X
Counsel for the Plaintiff