Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Baguio City
Branch 416B

REYNALDO AGCOLICOL GAOAT,

Plaintiff, Civil Case No. 09-2019CV-416B
For: Collection of Sum
-versus- of Money and Damages with
Prayer for Issuance of Writ of
SHERWIN BRAVO VALDEZ, Preliminary Attachment
Defendant.
x-------------------------------------------x

PRE-TRIAL BRIEF
WITH ALL DUE RESPECT TO THE HONORABLE COURT, the
Plaintiff, thru the undersigned counsel, unto this Honorable court, most
respectfully states that:

I. ISSUES TO BE RESOLVED:

The issues to be resolved in the present case are the following:

1. Whether or not the defendant Sherwin Bravo Valdez (Dr. Sherwin for
brevity) executed a Promissory Note on January 6, 2016 which he
acknowledged a debt in the amount of Php. 5,000, 000.00 for a term
period of 12 months with ten percent (10%) interest rate per annum
and five percent (5%) penalty for delay.
2. Whether or not loan obligation including its interests and penalty fell
due and demandable but Dr. Sherwin failed to settle his debts despite
repeated demands.
3. Whether or not Dr. Sherwin is in the act of immediately disposing all
his properties in order to defraud his creditors and avoid the
attachment of his properties for the satisfaction of his debts.
4. Whether or not Dr. Sherwin is involved in fraudulent scheme of
borrowing large amount of money and intends to abscond to avoid
creditors.

II. PROPOSED STIPULATIONS AND ADMISSION OF

FACTS:

The personal circumstances and residences of the plaintiff and

defendant were admitted in the Complaint and Answer.

To avoid unnecessary proof, the plaintiff proposes that the defendant

admits the following:
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 a. Reynaldo Agcolicol Gaoat is a manager of Full Advance Credit
Corporation.
b. Sherwin Bravo Valdez is an otolaryngologist with known
expertise in treating throat illnesses.
c. Reynaldo and Dr. Sherwin were good friends and often met for
consultations.
d. Dr. Sherwin is the owner of Valdez Commercial Building
located in Legarda Rd., Baguio City.
e. Dr. Sherwin secured a loan from Reynaldo in the amount of
Five Million Pesos (Php 5,000,000.00) with a term agreement
of 12 months with ten percent (10%) interest rate per annum
and five percent (5%) penalty for delay.
f. Dr. Sherwin voluntarily issued a postdated check as a security
for his loan.
g. The genuineness and due execution of the postdated check –
Citibank Check No. 2314291 dated January 20, 2017.
h. The postdated check was dishonored for insufficiency of funds.
i. Dr. Sherwin went to Tagaytay and stayed therein during the
period when the loan fell due and demandable.
j. Dr. Sherwin failed to attend scheduled barangay conciliation
despite the notices sent by the Office of Lupong
Tagapamayapa.
k. The genuineness and due execution of the Certificate to File
Action issued by Punong Barangay Van Oliver M. Dicang.
l. The Valdez Commercial Building owned by Dr. Sherwin is
offered for sale to the public.

III. WITNESSES FOR THE PLAINTIFF:

The following will testify to prove the cause of the Plaintiff:

1. The plaintiff Reynaldo Agcolicol Gaoat himself who is a

resident of #43 Pangan St., Lower Quirino Hill Barangay.
2. Leslie Colambo, a tenant in Valdez Commercial Building, who
is a resident of #5 Adriatico St., Lower Quirino Hill Barangay,
Baguio City.
3. Antonio Sevilla, a witness in the execution of Promissory Note,
who is a resident of #67 Lunok St., Lower Quirino Hill
Barangay, Baguio City.
4. Edgardo M. Co, a witness also in the execution of Promissory
Note, who is a resident of #45 Lunok St., Lower Quirino Hill
Barangay, Baguio City.

On the basis of the pleadings and stipulations made by the parties,

judgment may be rendered without the need of further proceedings.

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 IV. EVIDENCES FOR MARKING:

The following documentary evidences will be marked as:

Exhibit A: Promissory Note executed by Dr. Sherwin Bravo Valdez dated

January 6, 2016.
Exhibit B: Certification dated February 20, 2016, and signed by Atty.
Prince Jan Ronald Domer Wacnang.
Exhibit C: A copy of the postdated check with face value of Five Million
Seven Hundred Fifty Thousand Pesos dated January 20, 2017
issued by Dr. Sherwin Bravo Valdez.
Exhibit C-1: Citibank Check bearing no. 2314291 mark across
“DISHONORED INSUFFICIENCY OF FUNDS”
Exhibit D: Notice of Dishonor dated January 26, 2017 dated January 26,
2017 and addressed to Sherwin Bravo Valdez.
Exhibit E: Demand Letter dated March 19, 2017, addressed to Sherwin
Bravo Valdez, and signed by Atty. Anna Cristina Ibarra
Exhibit F: Final Demand Letter dated April 23, 2017, addressed to
Sherwin Bravo Valdez, and signed by Atty. Anna Cristina
Ibarra.
Exhibit G: Certificate to File Action dated May 31, 2017, and signed by
Punong Barangay Van Oliver M. Dicang.
Exhibit H: A leaflet stating that “Urgent: Valdez Commercial Building for
sale! Php. 6, 000, 000.00 only! To interested buyers, please
contact 09357015525”
Exhibit I: Judicial Affidavit of Reynaldo Agcolicol Gaoat
Exhibit J: Judicial Affidavit of Leslie Colambo
Exhibit K: Judicial Affidavit of Antonio Sevilla
Exhibit L: Judicial Affidavit of Edgardo M. Co

V. THEORY OF THE PLAINTIFF:

A. On January 6, 2016, Dr. Sherwin executed a Promissory Note

evidencing the loan amount of Php. 5,000,000.00 secured from
Reynaldo which had a term agreement of 12 months with ten percent
(10%) interest rate per annum and five percent (5%) for the delay.
B. Dr. Sherwin voluntarily issued a postdated check in favor of Reynaldo
as a security to ultimately ensure the payment of the borrowed
amount.
C. Dr. Sherwin failed to pay the principal amount including its interest
and penalty when it falls due.
D. The postdated check issued by Dr. Sherwin was dishonored for
insufficiency of funds.
E. Despite repeated demands, Dr. Sherwin still failed to pay the loan
obligation including its interests and penalty.
F. Dr. Sherwin tries to immediately dispose all his properties in order to
defraud his creditors and avoid the attachment of the properties for the
satisfaction of his debts.
G. Dr. Sherwin is involved in fraudulent scheme of borrowing large
amount of money and later on abscond to avoid creditors who collect
the payment of his debts.

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 VI. THEORY OF THE DEFENDANT:

A. The Promissory Note dated January 6, 2016 is a forgery as it was not

actually a promissory note that was signed by Dr. Sherwin but a Loan
Agreement from Full Advance Credit Corporation.
B. Dr. Sherwin has already paid the entire obligation through a check
issued in favor of Full Advance Credit Corporation.
C. He did not abscond nor avoid payment of loan. Dr. Sherwin’s health
condition worsened and he had to go to the United States for proper
medical attention.
D. Dr. Sherwin sells the Valdez Commercial Building to support all the
expenses related to his medication.

Baguio City, Philippines, September 4, 2019.

ABO Law Firm

Room 422-A Diego Silang Bldg., A. Bonifacio Rd.,
2600 Baguio City
/ 09357016637/ abolawfirm@gmail.com

MICHELLE VALDEZ ALVARO

Counsel for the Plaintiff
Roll of Attorneys No. 65710
IBP Lifetime No. 2130236/06-25-2019/Baguio-Benguet Chapter
PTR No. 2987981/07-3-2019/Baguio City
MCLE No. VII-0002649
Room 422-A Diego Silang Bldg., A. Bonifacio St., Baguio City
Tel. no. (074) 301 9160
email: alvaromichelle6@gmailcom

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 ATTY. MA. ANGELICA ZARATE BUNQUIN
Roll No. 2131657
IBP No. 2131657/May 05, 2017/Manila
PTR No. 12141516/January 11, 2019
MCLE Certificate of Compliance No.
11223344
angelicabunquin199x@gmail.com

ATTY. MARK FEVY R. ORDINARIO

Roll No. 022096
IBP Membership No. 002-2000-96
IBP Baguio-Benguet Chapter
MCLE Certificate of Compliance No.
11223344
markmark@gmail.com

Copy Furnished:

SHERWIN BRAVO VALDEZ

#58 Hucay St., Lower Quirino Hill
Baguio City

ATTY. MICHAEL MANUEL DIMALANTA

Room 208, Juniper Building, Bonifacio Street,
Baguio City

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 New Rules of Civil Procedure)

A copy of this Pre-Trial Brief is being served to the plaintiff and

plaintiff’s counsel and being filed by registered mail due to distance and lack
of office personnel.

-Atty. Michelle Valdez Alvaro