REPUBLIC OF THE PHILIPPINES

Metropolitan Trial Court

Manila, Branch 1

JUAN DELA CRUZ,

Plaintiff,

-versus-
Civil Case No. 000001
For: Ejectment
DANIEL DALISAY,
Defendant.

X-------------------------X

PRE-TRIAL BRIEF
PLAINTIFF, 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 the monthly

rental fee for four months, amounting to ONE HUNDRED TWENTY
THOUSAND PESOS (P 120,000.00) as agreed upon in the contract of lease.

2.2 Defendant raise as defense that plaintiff is no longer the

owner of the lot and building subject in this case.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Plaintiff admits only those facts stated in their Complaint,
i.e., their personal circumstances and the existence of the lease contract
agreement.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issue is subject to proof:

4.1.1. The validity of a lease contract between the parties
as well as the failure on the part of the defendant to comply with its terms.

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Vander Santos, to establish that the plaintiff and

defendant actually met at the plaintiffs office, during the negotiation period
and the signing of the lease contract agreement.

5.1.2 Mr. Alex Cruz, caretaker of the establishment, to

prove that several demand letters were sent to the defendant;

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

September 23, 2017

September 30, 2017

October 7, 2017
Respectfully submitted.
September 15, 2017. Manila, Philippines.

DACILLO GUZMAN MANONGYAO

PLANAS REYES TAMACA LAW OFFICE
Counsel for the plaintiff
Rm. 302, San Sebastian College-Recoletos,
Recto, Manila

By:
FERMA PLATA
IBP NO. 12345
PTR NO. 6789
Roll No. 43900
MCLE No. 5467, April 5, 2016

Copy furnished:
ALCAZAREN BAYANI DELGADO
MOLINA RIVERA LAW OFFICE
Counsel for the Defendant
3rd flr. Rm. 303, San Sebastian College-Recoletos
Recto, Manila.

EXPLANATION OF SERVICE
Copy of the pre-trial brief was served to the defendants counsel by registered
mail due to time constraints and for lack of the undersigneds staff who can
serve the same in person.

Atty. Ferma Plata

Counsel