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Republic of the Philippines


Regional Trial Court
9th Judicial Region
Branch 15
Zamboanga City

RICHARD ABELLA,
Plaintiff, CIVIL CASE NO. 6969

- versus - - for –

COLLECTION OF A SUM OF MONEY


AND DAMAGES WITH APPLICATION
JASMINE ABUBAKAR, FOR A WRIT OF PRELIMINARY
Defendant. ATTACHMENT
x--------------------------------------------x

PRE-TRIAL BRIEF FOR PETITIONER


COMES NOW Plaintiff, through the undersigned counsel and to this
Honorable Court, most respectfully submits this Pre-Trial Brief, to wit:

I. STATEMENT OF THE PETITIONER’S WILLINGNESS TO ENTER


INTO AMICABLE SETTLEMENT INDICATING THE DESIRED
TERMS THEREOF OR TO SUBMIT TO ANY ALTERNATIVE
MODES OF DISPUTE RESOLUTION.

1. Plaintiff is open to settling this dispute amicably, subject to a


concrete proposal that is fair and reasonable and reciprocal manifestation of
openness from the Defendant.

2. Pursuant to Rule 19 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. SUMMARY OF ADMITTED FACTS AND PROPOSED


STIPULATION OF FACTS

1. Plaintiff is of legal age, Filipino citizen, and with residence and postal
address at Pasonanca, Zamboanga City.

2. Defendant is of legal age, married, with residence and postal address


at Guiwan, Zamboanga City, where they may be served with summons and
other processes of this Honorable Court.
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3. On 01 January 2005, Defendant borrowed from Plaintiffs a sum of


money in the amount of ONE MILLION (Php 1,000,000.00) PESOS,
Philippine currency, payable within six (6) months with Ten (10%) Per cent
interest per month. Defendant then issued a Promissory Note dated 01
January 2005 to that effect.

4. On or about 02 July 2005, Plaintiff made a verbal demand before


Defendant in order to compel the latter to comply with her obligation.
However, defendant failed to settle her obligation. Consequently, Plaintiff sent
Defendant a Demand Letter dated 20 September 2005.

5. Despite the persistent and continuous demands for the payment of


the said amount, Defendants failed and refused and continuously fail and
refuse to settle their total obligation to the Plaintiff. Until now, notwithstanding
repeated demands by her, Defendant failed and refused and continuously
failed and refused to pay their total account with herein Plaintiff to its great
damage and prejudice.

6. These irresponsible acts of Defendant indisputably show her deceitful


and fraudulent intent not only in incurring said obligation but even in the
performance thereof, as until now, in spite of Plaintiff’s persistent and
continuous demands for the payment of the said amount, Defendant failed
and refused and continuously fail and refuse to settle their total obligation to
the Plaintiff to his damage and prejudice in the aforesaid sum of ONE
MILLION (Php 1,000,000.00) PESOS, Philippine Currency, which should be
adjudged against herein Defendant.

III. STATEMENT OF THE ISSUE/S TO BE TRIED AND RESOLVED.

I. WHETHER OR NOT PLAINTIFF IS ENTITLED TO THE


TOTAL SUM OF FOUR MILLION NINE HUNDRED SEVENTY SIX
THOUSAND TWO HUNDRED EIGHTY SEVEN AND 16/100 PESOS
(P4, 976,287.16) INCLUDING THREE PERCENT (3%) ACCRUED
INTEREST PER MONTH OF DEFAULT FROM THE TIME THE
CHECKS WERE ISSUED.

II. WHETHER OR NOT THE ORDER OF A WRIT OF


PRELIMINARY ATTACHMENT IS PROPER IN THE CASE.

III. WHETHER OR NOT PLAINTIFF MAY RECOVER FOR


DAMAGES AND OTHER LEGAL EXPENSES.

IV. LIST OF DOCUMENTS OR EXHIBITS TO BE PRESENTED AND


THEIR RESPECTIVE PURPOSES.

Exhibit “A” – Machine copy of the Promissory Note dated 01


January 2005.

Exhibit “B” – Machine Copy of the Demand Letter dated 20


September 2005

Plaintiff reserves the right to present additional documentary


evidence should the need arise.
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V. WITNESS TO BE PRESENTED, SUBSTANCE OF THEIR


TESTIMONIES AND APPROXIMATE NUMBER OF HOURS
REQUIRED.

1. Plaintiff.

Plaintiff reserves the right to present additional witnesses should


the need arise.

VI. APPLICABLE LAWS AND JURISPRUDENCE.

1. Civil Code of the Philippines.

2. The Revised Rules of Court.

3. Philippine Jurisprudence pertinent to the case.

VII. PLAINTIFF INTENDS TO AVAIL OF ANY OF THE MODES


OF DISCOVERY PROVIDED UNDER RULE 23 TO 28 OF 1997
RULES OF CIVIL PROCEDURE.

Herein Plaintiff most respectfully manifests that he will avail of any


of the modes of discovery under Rule 23 to 28 of the 1997 Rules
of Civil Procedure, more particularly, oral deposition and
production of documents or things

VIII. AVAILABLE TRIAL DATES OF COUNSEL TO


COMPLETEPRESENTATION OF EVIDENCE.

February 26 & 27, 2019 at 8:30 o’clock in the morning.


Respectfully submitted.

City of Zamboanga, Philippines, 20 February 2019.

A & B LAW FIRM


Counsel for Plaintiff
Professional and Occupational Manor
Mayor Jaldon St., Canelar Zamboanga City
Tel no. (062) 991-9999

BY:

AAA
PTR NO. 0630574 – 01/03/18
I.B.P. No. 896783-01/3/13 ZC
MCLE No. IV – 0033913 -9/21/11
Roll No. 63729