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Republic of the Philippines

National Capital Judicial Region


METROPOLITAN TRIAL COURT
Branch 168, Makati City
JUDY ANNE BARRETTO,
Plaintiff,
Civil Case No. 000068

- versus -

For: Ejectment

RICO YAP,
Defendant.
x----------------------------------- x
PRE-TRIAL BRIEF

Defendant, by counsel, respectfully submits his Pre-Trial Brief, as follows:


I.

WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT


AND POSSIBLE TERMS OF ANY SETTLEMENT

I.1 Subject to a proposal that is fair and reasonable and a reciprocal


manifestation of openness from plaintiff, defendant is open to the
possibility of amicably settling the dispute.
I.2 Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant
respectfully submits that the desired terms of any amicable settlement
would involve, first, a clarification of the actual extent of any obligation
due and owing to the plaintiff inasmuch as there is nothing to indicate
defendants obligation to plaintiff, and second, a schedule of payments.
II.

BRIEF STATEMENT OF CLAIMS AND DEFENSES

II.1 Plaintiff seeks principally to recover the property located at No. 35


Magdalena Street, Magallanes Village, Makati City and to be paid the
amount of Two Million Four Hundred Thousand Pesos (P 2,400,000.00)
arising allegedly from unpaid rentals and damages.
II.2 Defendant resists plaintiffs claims based on the failure to state a cause of
action because of:
II.2.1
A Deed of Sale superseded the Contract of Lease entered
into by the parties; that there was no right of the plaintiff violated by
the defendant, therefore, lacking in the requisite as to have a cause of
action pursuant to Section 2 of Rule 2 of the 1997 Rules of Civil
Procedure.
II.3 Defendant also interposed a compulsory counterclaim for Two Million Pesos
(P 2,000,000.00) for Moral Damages and One Million Pesos (P 1,000,000)
for attorneys fees.
III.

FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

III.1
Defendant only admits the facts stated in his Answer, i.e., as to his
personal circumstances, that a Contract of Lease was entered into dated 5
March 2011, receipt of demand to vacate, and his possession of the
property.

III.2
Subject to a concrete proposal for stipulation of additional facts
from plaintiff during pre-trial or even thereafter, defendant admits no other
facts from the Complaint.
IV.

ISSUES TO BE TRIED

IV.1
Defendant submits that the following issues put forward by plaintiff
are subject to proof:
IV.1.1

Plaintiffs entitlement to the amount claimed;

IV.2
Defendant submits that the following issues he put forward are
subject to proof:
IV.2.1

Plaintiffs bad faith in filing the suit

IV.2.2
Defendants entitlement to the claims made in his
Compulsory Counterclaim;
V.

EVIDENCE

V.1 Defendant intends to present the following documents:


V.1.1
The Deed of Absolute Sale entered by the plaintiff and the
defendant and attached in his Answer as ANNEX I.
V.2 Defendant intends to present the following witnesses:
V.2.1
Defendant himself, who will testify on the true
circumstances leading to the filing of the suit against him;
V.2.2
Claudine Santos, an employee of the plaintiff, who signed as
witness to the Deed of Sale and who has personal knowledge as to the
true circumstances behind the alleged obligations due and owing in
favor of the plaintiff.
V.2.3
Sunshine Taus, the notary public who signed the
acknowledgement of the Deed of Sale between the plaintiff and
defendant.
V.3 Defendant reserves the right to present any and all documentary evidence
which shall become relevant to rebut plaintiffs claims in the course of trial
as well as any other witnesses whose testimony will become relevant to
belie plaintiffs witnesses, if necessary.
VI.

RESORT TO DISCOVERY

VI.1
Considering the relatively simple issues presented, defendant does
not intend to avail of discovery at this time.
VI.2
Subject, however, to a concrete and reasonable request for
discovery from plaintiff, defendant reserved the right to discovery before
trial.
VII.
VII.1

AVAILABLE TRIAL DATES

Defendant submits the following to be his available trial dates:

December
December
December
December
December
December

5, 2014
8, 2014
10, 2014
12, 2014
17, 2014
19, 2014

RESPECTFULLY SUBMITTED.
Taguig City; 21 November 2014.

KATHLYN NADIA D. BALDONADO


Counsel for the Defendant
19/F Forbeswood Parklane
Blk. 2 Lot 1 West Crescent Park Rd. Bonifacio Global City, Taguig
0917-5209373, kaye.baldonado@fifilaw.com
Attorneys Roll No. 82890
IBP No. 6789-10/08/06-Makati
PTR No. 1234-05/09/07-Makati
MCLE Compliance No. II-00023456-10 October 2014
Copy furnished:
Atty. Alyssa Nuqui
Counsel for the Plaintiff
27/F 88 Corporate Center,
Sedeno corner Valero Street,
Salcedo Village, Makati City