Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 13, Laoag City

MAXINE GUANZON MEDINA

For herself and in behalf of the
minor JULIANNA MEDINA
Plaintiff/s,

-versus- Civil Case No. 23456

For: DAMAGES
MAXIMO PELIGRO y DISGRASIA,
and MEI KUT TSEI
Defendant/s.
x----------------------------------------------x

PRE-TRIAL BRIEF FOR THE PLAINTIFF

PLAINTIFF, through counsel unto this Honorable Court, most

respectfully submits this pre-trial brief for the plaintiff, to wit

POSSIBILITY OF AMICABLE SETTLEMENT

The Plaintiffs are open for amicable settlement which just and
equitable under the facts and circumstances.

Pursuant to Rule 18 of the Revised Rules of Court, plaintiff

respectfully submits the desired terms would involve, first, an
admission of liability of the defendant and second, an admission of
the amount due and third, a schedule of payment.

PROPOSED STATEMENT OF FACTS

1. Plaintiff Maxine Medina is the registered owner of a pink

Honda Civic, Model 2010 with plate no. ILY 143;
2. Plaintiff Julianna Medina is the five-year old dauther of Plaintiff
Maxine Medina;
3. On or about 7:00 AM on September 9, 2017, said vehicle was
under the possession and control of plaintiff Maxine Medina;
4. Plaintiff Julianna Medina was on board the said vehicle and
was sitting at the right hand back seat of the car;
5. Defendant Mei Kut Tsei is the registered owner of the white
Mitsubishi Montero Sport with plate no. XYZ 987 but at the
time of the incident, defendant Maximo Peligro was in
possession and control of the said motor vehicle;
 6. Plaintiff was driving eastbound in moderate speed along Rizal
Street on her assigned lane in broad daylight, good weather
conditions and on well-paved and asphalted pavement;
7. Upon reaching the vicinity of Brgy. 11 (fronting SM
Hypermarket) and while in the middle of crossing the
intersection, a white Mitsubishi Montero moving southbound
suddenly and without warning bumped the left side portion of
the Honda Civic;
8. As a result of the collision, the Honda Civic driven was
violently pushed and thrown forward was turned turtle;
9. Plaintiffs were immediately rush to Laoag City General
Hospital for immediate medical attention;
10. Plaintiff Julianna was unconscious and was recommended
confinement by the attending physician for at least seven (7)
days. She eventually died on September 16, 2017.

ISSUES TO BE TRIED

1. Whether or not defendant Peligro is liable for gross

negligence;
2. Whether or not defendant Tsei should be held jointly liable
under the premises;
3. Whether or not plaintiff is entitled to the reliefs prayed for;

TESTIMONIAL EVIDENCE

Plaintiffs intend to present the following witnesses:

1. Maxine Medina – to establish her cause of action against the

defendants and her entitlement for the reliefs prayed for;
2. SPO2 Ricardo Dalisay, investigating officer of the incident, to
establish the facts and circumstances of the incident;
3. Dr. Victoria Malihim-Go – to establish the injuries sustained by
plaintiff Maxine and the cause of death of the minor child
Julianna;
4. Ricardo Martinez – as a witness to the incident

Plaintiff reserves the right to present additional witnesses when

necessary and for good cause shown.

DOCUMENTARY EVIDENCE

1. Birth Certificate of Julianna Medina;

2. Certificate of Registration and Official Receipt of the Honda
Civic with plate no. ILY 143;
3. Certified True Photocopy of the LTO Driver’s License of
Maxine Medina;
4. Extact Copy of PNP Laoag City Blotter Report No. 0909
 5. Medico-Legal Certificate of Maxine Medina issued by LCGH;
6. LCGH Statement of Account with Official Receipt No. 12345
of Maxine Medina;
7. Medico-Legal Certificate of Julianna Medina issued by LCGH;
8. LCGH Statement of Account with Official Receipt No. 23456
of Julianna Medina;
9. Death Certificate of Julianna Medina;
10. Honda Motors, Inc. Statement of Account with Official Receipt
Np. 34567;
11. St. Clare Funeral Homes Laoag City Billing Statement and
Official Receipt No. 45678;
12. Affidavit of Ricardo Martinez

Plaintiff reserves the right to present additional documentary

evidence whenever necessary.

LAWS AND JURISPRUDENCE

1. Provisions of the New Civil Code with respect to torts and

damages;
2. Pertinent laws and jurisprudence;

PROPOSED TRIAL DATES

Plaintiff manifests that it needs at least four (4) trial dates to

present its evidence preferably every Mondays of the succeeding
months.

RESPECTFULLY SUBMITTED this 20th day of January, 2017

at Laoag City, Philippines.

AGCAOILI, CALUMAG & TARUC

LAW OFFICES
Suite 123, ABC Bldg.
Brgy. 11, Laoag City, Philippines
Email: act_law@yahoo.com
Phone No: (077) 770-1234

By: ATTY. ALBERT JERICHO V. TARUC

Roll No. 14344 – 03/28/2012
IBP No. 123456 – 01/04/2016
PTR No. 5051992 – 01/04/2016
MCLE No. IV-654321- /1/31/2016

Copy Furnished by Personal Service:

Atty. John Carlo G. Sacubo