Pre-trial brief - Sum of Money.pdf

REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT SIXTH JUDICIAL REGION BAROTAC NUEVO, ILOILO BRANCH 112

DEREK RAMSEY,

Plaintiff, - versus -

Civil Case No. 100110 For: Collection of sum of money

JOHN LLOYD,

Defendants.

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PRE-TRIAL BRIEF

PLAINTIFF, by counsel and unto the Honorable Court, most respectfully

submits this Pre-Trial Brief:

POSSIBILTY OF AMICABLE SETTLEMENT AND SUBMISSION TO ALTERNATIVE MODES OF DISPUTE RESOLUTION

1.1

Derek Ramsey respectfully manifests, without admitting

liability or waiving any of his rights or defenses, that he is open to any reasonable proposal for amicable settlement from John Lloyd or referral of the case to alternative modes of dispute resolution, including mediation and or judicial dispute resolution.

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SUMMARY OF ADMITED AND UNDISPUTED FACTS

2. 1. On 15 January 2014, Defendant came in to Plaintiff’s Dunkin Donut shop to borrow from the Plaintiff money amounting to One Hundred Fifty Thousand Pesos (P150,000.00) and promised to pay in six (6) months after the day the money is delivered. 2.2. Since Defendant is a long-time friend of the Plaintiff, in his kindness, Plaintiff agreed with the said condition and agreed that there will be no interest imposed on the amount of money borrowed. On the next day, the Plaintiff delivered the money in the Defendant’s residence in Strawberry Streeet, Barotac Nuevo, Iloilo. 2.3 On July 16, 2014, the sum of money borrowed by the Defendant became due and demandable as stipulated by both parties. However, the Defendant failed to appear in the Dunkin Donut shop of the Plaintiff for the payment of the said amount. 2.4 In his kindness, and still considering that the Defendant is a long-tim friend, Plaintiff waited a week for the Defendant to make payment for the sum of money borrowed. But, Defendant did not come to Plaintiff’s shop to pay the remaining balance, contrary from what he promised 2.5 On July 23, 2014, Plaintiff, through his counsel then instituted a Demand letter to compel the Defendant to pay the P150, 000 balances. The Plaintiff himself delivered in the residence of the Defendant. Since the Defendnt was not present in the residence that day, the demand letter was received by the house-help of the Defendant, Bea Marrudo. 2.6 However, Defendant claims that he paid the said amount to Plaintiff’s secretary and further claims that Plaintiff was not around in his shop on the said day of July 23, 2014, and that he did not receive any Demand letter coming from Plaintiff. Plaintiff claims otherwise as stipulated in the foregoing, hence this instant case.

PROPOSED STIPULATION OF FACTS WITH REQUEST FOR ADMISSION

3.1 That the Plaintiff admits only the facts stated in the complaint.

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STATEMENT OF FACTUAL AND LEGAL ISSUE

4.1 Whether or not the sum of money loaned was paid.

DOCUMENTARY EVIDENCE

5.1. Exhibit “A” – Machine –  Machine copy of the demand letter executed against the Defendant by the Plaintiff and her counsel.

WITNESS AND ABSTRACT OF TESTIMONIES

6.1. Plaintiff Present evidence to support his claim about the facts of the case. 6.2. Plaintiff’s Secretary Present evidence to prove that no payment was received on the day of July 16, 2011, coming for the Defendant.

APPLICABLE LAW IN SUPPORT OF PLAINTIFF’S CLAIMS

7.1. Art. 1231 of the Civil Code provides that;“Obligations are extinguished: (1)By payment or performance;

(2) By the loss of the thing due; (3) By the condonation or remission of the debt; (4) By the confusion or merger of the rights of creditor and debtor; (5) By compensation; (6) By novation.

Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of aresolutory condition, and prescription, are governed elsewhere in this Code. (1156a)

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RESERVATION

8.1. Plaintiff respectfully reserves the right to present other witnesses, documents or evidences in addition to, or in substitution of, those mentioned above and or for purposes in addition to or in substitution of those mentioned should a need thereof arises; propose other issues as the exigencies of trial may demand; cite and invoke other laws and jurisprudence that may be relevant in the course of the proceedings; amend his Petition, as may be warranted.

APPROXIMATE NUMBER OF HOURS NEEDED TO COMPLETE THE PRESENTATION OF EVIDENCE

9.1. Should Defendant refuse to enter into stipulations of fact and make admissions, Petitioner will need about three (3) hours to complete the direct examination of its witnesses, at approximately one (1) hour and thirty (30) minutes per witness. These estimates exclude the time for the cross and re-direct examinations, which is difficult to predict.

WHEREFORE ,

Plaintiff,

Derek

Ramsey,

respectfully

prays

that,

Defendant, John Lloyd be compelled to pay the amount of One Hundred Fifty Thousand Pesos (P150, 000) and be sanctioned in accordance with law.

 Atty. Izabella Izabella Calzado Calzado Counsel

Copy Furnish:

Atty. Ben Santos Counsel for the Defendant

13 Babaw Bldg., Kilid Street Iloilo City

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EXPLANATION FOR FILING AND SERVICE BY REGISTERED MAIL

In compliance with Rule 13, Section 11 of the Rules of Court, counsel respectfully manifests that the forgoing

PRE-TRIAL BRIEF FOR THE

COMPLAINANT will be filed and served by registered mail due to distance and

time constraints, as well as the limited number of office messengers available.

 Atty. Izadora Izadora Calzado Calzado Counsel

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