Republic of the Philippines

REGIONAL TRIAL COURT

Branch ____,
6th Judicial Region
Iloilo City
Michael Romualdez
Plaintiff,
-versus-

CIVIL CASE NO_______

Stella Cojuangco

For: Collection of a Sum of

Defendant

Money

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 SUCH SETTLEMENT
1.1. 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. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,
plaintiff respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of amount due and
owing to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant failed to pay her loan in the amount
of Ten Million Pesos (P10,000,000.00), Philippine Currency
2.2 Defendant raises as a defense that no loan ever transpired and that
the checks issued to Ms. Cojuangco were stolen and the defendants
signature forged.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in their Answer, i.e.,
their personal circumstances and the existence of the bank account
and corresponding checks.
IV. ISSUES TO BE TRIED
4.1. Plaintiff submits that the following issue is subject to proof:
4.1.1. The loss of the defendants checks as the cause for the
accounts closure and forgery of his signature
4.2. Defendant submits that the following issues are subject to
proof:
4.2.1. There was a contract of loan with the plaintiff;
V. EVIDENCE
5.1. Plaintiff intends to present the following witnesses:
5.1.1 Ms. Pia Horseback, to establish that the plaintiff and defendant
actually met at Richmonde Hotel, that the check was the subject
matter of a contract of loan between the plaintiff and defendant;

5.1.2 Ms. Charito Solis, manager of the hotel restaurant, as witness to

the meeting and the transaction;
5.2. Plaintiff reserves the right to present any and all documentary
evidence, which shall become relevant to rebut defendants claims in
the course of trial as well as any other witnesses whose testimony will
become relevant to belie defendants witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, plaintiff does
not intend to avail of discovery at this time;
6.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to
discovery before trial.
VII. AVAILABLE TRIAL DATES
January 23, 2017, Janurary 30, 2017, February 06, 2017 and February
13, 2017
RESPECTFULLY SUBMITTED.
Iloilo City. 16 January 2017.

ATTY. DIANAH JANE L. HUELE

Counsel for Plaintiff
Alibogha Munez & Duremdes Law Office
2nd Floor, The Palladium, Megaworld,
Mandurriao, Iloilo City
Attorneys Roll No. 61987
3

IBP No. 169867, 05/17/16, lloilo City

PTR No.2543572, 05/18/16 , lloilo City
MCLE Compliance
5/18/16

Copy Furnished:
By Personal Service

No.

1110016263,

Atty. Phoenix B. Hortinela

Hortinela Law Office, Jaro, Iloilo City
IBP No. 123456 , 1/13/15, Iloilo City
PTR No.123456, 2/12/15, Iloilo City
Roll of Atty No.33333
MCLE Comp.No.IV-001, 1/12/15