REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 1
BAGUIO CITY

SPS. JESUS CASTRO AND

MAGDALENA CASTRO,
Plaintiffs, Civil Case No. 11890
For: Collection of Sum
of Money with Damages

-versus-

SPS. PABLITO M. TORIO AND

THELMA TORIO,
Defendants.
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DEFENDANTS’ PRE-TRIAL BRIEF

Defendants, by the undersigned counsel, to this Honorable Court,

most respectfully submit this Pre-Trial Brief and in support thereof, avers
the following:

A. AS TO THE POSSIBILITY OF
ENTERINGINTOAN
AMICABLE SETTLEMENT
OR ALTERNATIVE
MODESOF DISPUTE
RESOLUTION:

The defendants are very willing to enter into a reasonable settlement

and are likewise willing to submit the case to other alternative modes of
dispute resolution.

B. SUMMARY OF ADMITTED
FACTS AND PROPOSED
STIPULATION OF FACTS:

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 The defendants will not be making any additional admissions other
than those already admitted in theirAnswer.

The defendants propose the following facts for stipulation:

a. The existence, genuineness and due execution of the Agreement of

Lease entered into between the plaintiffs and defendants on September
15, 2001 relative to a commercial space (“leased premises” or “subject
premises”) in defendant’s commercial building located at Poblacion,
Agoo, La Union;
b. That the lease on the subject premises is for a period of one (1) year
from September 15, 2001 to September 15, 2002 with monthly rental
at P11,000.00;
c. That the plaintiffs vacated the leased premises on January 2, 2002
without the requisite two-month prior notice to the defendants in
violation of the Contract of Lease;
d. That plaintiffs did not pay rent on the subject premises from January
2, 2002 until the termination of the lease on September 15, 2001;
e. That the plaintiffs left the leased premises dirty and with damages for
which defendants had to spend P19,199.00 on materials and P5,000.00
on cost of labor for the repair and cleaning of the subject premises to
restore its tenantable condition; and
f. That as a result of the plaintiffs’ Complaint in this case, the defendants
were forced to engage the services of counsel to defend them and to
preserve and protect their rights and interests for which they paid
P50,000.00 as attorney’s fees and incurred litigation expenses.

C. ISSUES:

a. Are the plaintiffs liable for unpaid rents for the entire period of the
Contract of Lease?
b. Are the plaintiffs liable for the cost of cleaning and repair of damages
on the leased property?
c. Are the plaintiffs entitled to a refund of their P55,000.00 deposit
despite their breach of the Contract of Lease?
d. Who between the parties are entitled to actual, moral, and exemplary
damages?
e. Who between the parties are entitled to attorney’s fees?

D. DOCUMENTARY EXHIBITS TO BE PRESENTED:

a) Exhibit “1”–Contract of Lease dated September 15, 2001;

b) Exhibit “2” and series - Photographs of the leased premises before
occupancy by the plaintiffs to show the clean orderly condition of the
place;

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 c) Exhibit “3” and series - Photographs of the leased premises after the
plaintiffs abandoned it on January 2002 – to show the damages caused
and the untidy and disorderly condition of the place;
d) Exhibit “4” and series - Receipts of the expenses spent for materials
and labor for the cleaning and repair of the leased premises;
e) Exhibit “5” and series - RetainershipAgreement between the
defendants and their counsel, and receipts of litigation expenses – to
support the attorney’s fees and other litigation expenses claimed
against the plaintiff; and
f) The defendants reserve the right to present additional exhibits as may
be necessary during the trial.

E. MANIFESTATION TO AVAIL
OF DISCOVERY PROCEDURE:

The defendants reserve the right to avail of discovery procedures if

and when it becomes necessary during the course of the trial. The
defendants are likewise willing to refer this case to commissioners;

F. NUMBER AND NAMES OF

WITNESSES TO BE
PRESENTED:

The plaintiffs will present atleast three (3) witnesses and reserve the
right to present additional witnesses if the need arises during the trial of the
case, namely:

a) Mr. Pablito M. Torio, Sr. (one of the defendants) - to testify on the

terms of the Contract of Lease and the plaintiffs’ breach of the
obligations under it;
b) Mr. Tom Cruz(the laborer engaged by the defendants to clean up the
property) - to testify on the dirty and disorderly state of the property
when vacated by plaintiffs; and
c) Mr. Bruce Walis(the carpenter engaged by the defendants to repair
damages on the leased property) - to testify on the extent of damage
caused by the plaintiffs on the leased premises and substantiate the
fact that repairs were done thereon.

G. APPLICABLE LAWS AND JURISPRUDENCE:

Pertinent provisions of the Civil Code of the Philippines and related

laws and jurisprudence relevant to the case.

H. TRIAL DATES:

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 The defendants will need at least four (4) trial dates to present their
evidence. Available trial dates of the parties and their counsels shall be
discussed and agreed upon during the pre-trial of this case.

Baguio City, Philippines this January 28, 2019.

RESPECTFULLY SUBMITTED.

NESTOR L. TORIO, JR.

Counsel for the Defendants
Unit 917 Mega Plaza Condominium
ADB Avenue, Corner Garnet Road
Ortigas Center, Pasig City
PTR No. 11591145; Q.C., 3-4-2002
IBP No. 562673; Q.C., 6-28-2002
MCLE Compliance Cert. No. 123, up to January 2020

COPY FURNISHED:

ATTY. NOE E. VILLANUEVA

Suite 206, Laperal Building
Session Road, Baguio City

EXPLANATION: A copy of this pleading is furnished the adverse counsel

through registered mail, instead of personal service, due to the distance of
his address and lack of sufficient time for personal service.

NESTOR L. TORIO, JR.

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