REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

REGION VI
BRANCH [#], ILOILO CITY

PEOPLE OF THE PHILIPPINES

-versus- FOR: [NAME OF CRIME]

Article [#] of the Revised
Penal Code

NAME
x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENSE

DEFENDANT, by counsel and to this Honorable Court,

respectfully submits this Pre-Trial Brief compliance with the trail court’s
order dated, [date].

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 purchase price
of FIVE HUNDRED THOUSAND PESOS (Php 500,000.00)
for the Rolex watch delivered to the defendant.
2.2. Defendant raise as defenses that no sale ever transpired and
that the checks issued to Mr. Ramsey were stolen and the
defendant’s signature forged.

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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 defendant’s checks as the cause for
the account’s 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 sale with the plaintiff;

V. EVIDENCE
5.1. Plaintiff intends to present the following witnesses:
5.1.1. Ms. Shaina Magdayao, to establish that the plaintiff
and defendant actually met at the Shangri-La Makati
Hotel, that the Rolex was the subject matter of a
contract of sale between the plaintiff and defendant,
and that the defendant paid in cash FOUR
HUNDRED THOUSAND PESOS (P400,000) and
issued the checks covering the balance;
5.1.2. Ms. Cristine Reyes, 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

March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011

RESPECTFULLY SUBMITTED.
[place] City, Philippines, [date]

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 ATTY. MARIA REYLAN M. GARCIA
Counsel for the Defendant
Roll No. 70714
PTR No. 6218157; 06/05/18, Iloilo City
IBP No. 043350; 5/30/18, Iloilo City
MCLE Compliance No.
Room 207 2nd Floor Maryville Building, Delgado Street,
Iloilo City

Copy furnished:

Prosecutor

Received by: ___________

Date: ___________

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