REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

Branch 8
Justice Ramon Q. Avanceña Hall of Justice
Bonifacio Drive, Iloilo City, Philippines

JULY ORDANETA,
Plaintiff,

-versus- Civil Case No. 201002

For: COLLECTION OF
SUM OF MONEY WITH
DAMAGES
SEPTEMBER RADA,
Defendant
X--------------------------------------X

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial

Brief for compliance with this Honorable Court’s order on
December 4, 2018, as follows:

I. THAT DEFENDANT IS WILLING TO ENTER INTO AN

AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY
SUCH SETTLEMENT

1. Provided that Plaintiff is open to settling this dispute

amicably, subject to a concrete proposal that is fair
and reasonable from and a reciprocal manifestation
of openness from Defendant;
2. Pursuant to Rule 18 of the 1997 Rules of Civil
Procedure, the Defendant respectfully submits that
the desired terms of any amicable settlement would
 involve, first, an admission of amount due and owing
to Defendant and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1. Defendant admits that she borrowed money in the
amount of SIXTY THOUSAND PESOS (P60,000.00) on
February 7, 2017.
2. Plaintiff claims that Defendant failed to pay the
amount loaned of FIFTEEN THOUSAND (P15,000.00)
on May 31 and June 14, 2017 totaling to THIRTY
THOUSAND PESOS (P30,000.00).
3. Defendant raises as defense that payment of the full
amount was already made to June Ordaneta, of
legal age, the father of herein Plaintiff, on May 18,
2017 in the residence of the Plaintiff because Plaintiff
was not present in her house.
4. That June Ordaneta issued a receipt to the
Defendant as proof of receipt of payment
amounting to THIRTY THOUSAND PESOS (P30,000.00).
5. That June Ordaneta and herein Defendant signed
the said receipt in the presence of September
Ordaneta, mother of Plaintiff, and February Aguirre
and May Gamboa, friends of both the Defendant
and Plaintiff.
6. That Plaintiff acknowledged such payment through
a phone call and text message sent to the
Defendant on the very same day.
7. That Defendant replied to Plaintiff’s demand letter
which the latter refuses to acknowledge.
 8. That Plaintiff willfully ignored all communication
employed by the Defendant to resolve the matter in
order to pursue this case in Court.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1. Defendant admits only those facts stated in her
Answer such as the loan of the money in the amount
of SIXTY THOUSAND PESOS (P60,000.00) on February 7,
2017.
2. Defendant admits that the payment was to be
made monthly for the amount of FIFTEEN THOUSAND
PESOS (P15,000.00) for four consecutive months
beginning the month of March.
3. Defendant admits that she has made two payment
of FIFTEEN THOUSAND PESOS (P15,000.00) to the
Plaintiff on March 30, 2017 and April 29, 2017.
4. Defendant admits of receiving a demand letter on
August 17, 2017.

IV. STATEMENT OF FACTUAL AND LEGAL ISSUE

Whether or not the loan was paid and its
corresponding legal interest if any.

V. EVIDENCE
1. Defendant intends to present the following witnesses:
i. Ms. February Aguirre, to establish that the
Plaintiff’s father and Defendant actually met at
the residence of the Plaintiff, and Defendant
paid the Plaintiff’s father in the amount of
THIRTY THOUSAND PESOS (P30,000.00);
 ii. Ms. May Gamboa, to establish that the
Plaintiff’s father and Defendant actually met at
the residence of the Plaintiff and Defendant
paid the Plaintiff’s father in the amount of
THIRTY THOUSAND PESOS (P30,000.00);
iii. Mr. Secu Rity, the helper of the Plaintiff, to
establish that Defendant went to the Plaintiff’s
residence on May 18, 2017 to pay the
remaining amount of the obligation.
2. Documentary Evidence in the form of the receipt
issued by the Plaintiff’s father to the Defendant, the
announcement for the Plaintiff’s company retreat,
and the print out of the Plaintiff’s text message to the
Defendant will also be submitted.
3. Defendant reserves the right to present any and all
documentary evidence, which shall become
relevant to rebut Plaintiff’s claims in the course of
trial, as well as any other witnesses whose testimony
will become relevant to belief Plaintiff’s witnesses, if
necessary.

VI. RESORT TO DISCOVERY

1. Considering the relatively simple issues presented,
Defendant does not intend to avail of discovery at
this time;
2. Subject, however, to a concrete and reasonable
request for discovery from Plaintiff, Defendant
reserves the right to resort to discovery 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.

RESPECTFULLY SUBMITTED.

Iloilo City, Philippines, this 6th day of December 2018.

VALERIE KAYE D. BINAYAS

Counsel for the Defendant
RNDM Law Firm
CPN Business Center,
Gen. Luna St. Iloilo City
Email Address: RNDMlaw_vb@gmail.com
Tel. Nos. (033) 323 – 7236/(033) 503 - 2378
P.T.R. No. 4232378/ February 23, 2017/ Iloilo City
Lifetime IBP ID No. 643463/ May 2, 2015/ Iloilo City
Attorney’s Roll No. 52368
MCLE COMPLIANCE NO.: VI - 0043124/ June 12, 2017

Copy Furnished:
By Personal service

Atty. Rea Mae Sadaba

Counsel for the Plaintiff
Court and PAO Building
Rm. 2 PAO Building corner Enterprise Road,
IB Park, Lapaz, Iloilo City