SAMPLE PRE TRIAL BRIEF FOR DEFENDANT

REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT IN CITIES City of Iloilo Branch 2

HERA DONITA ARFARF, Plaintiff, - versus -

Civil Case No. 123456 For: Collection of sum of money

MIDAS YAKULT MEOW, Defendant. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x PRE-TRIAL BRIEF DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief for compliance with this Honorable Court’s order on November 20, 2014, as follows: I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Provided that plaintiff is open to settling this dispute amicably, subject to a concrete proposal that is fair and reasonable from and a reciprocal manifestation of openness from defendant, 1.2. Pursuant to Rule 18 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. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1 That Defendant admits that he loaned money in the amount of ONE HUNDRED FIFTY THOUSAND PESOS (P150, 000.00) on August 1, 2014.

2.2 Plaintiff claims that defendant failed to pay the amount loaned of ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) on August 1, 2014. 2.3 Defendant raise as a defense that payment was already made to Mimi Arfarf, of legal age, daughter of herein plaintiff, on October 1, 2014 in the residence of the plaintiff because plaintiff was not present in her house. 2.4 That Mimi Arfarf gave a receipt to the defendant as proof of receipt of payment. 2.5 That Mimi Arfarf and herein defendant signed the said receipt in the presence of Fifi Arfarf, son of plaintiff, and John Lloyd Cruz and Robert Downey Jr., friend of the defendant. 2.6 That Defendant did not receive any demand letter from the Plaintiff on the dates that plaintiff stated.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3.1. Defendant admits only those facts stated in their Answer such as the loan of the money in the amount of ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) on August 1, 2014. 3.2 Defendant admits that the date of payment was on October 1, 2014. 3.3 Defendant admits that he and the plaintiff are classmates since kindergarten. IV. STATEMENT OF FACTUAL AND LEGAL ISSUE Whether or not the loan was paid and its corresponding legal interest.

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses: 5.1.1 Mr. John Lloyd Cruz , to establish that the plaintiff’s daughter and defendant actually met at the residence of the plaintiff and defendant paid the plaintiff’s daughter in the amount of One Hundred Fifty Thousand Pesos (P150,000.00); 5.1.2 Mr. Robert Downey Jr., to establish that the plaintiff’s daughter and defendant actually met at the residence of the plaintiff and defendant paid the plaintiff’s daughter in the amount of One Hundred Fifty Thousand Pesos (P150,000.00); 5.1.3 Kiwi Piologo, security guard of the plaintiff, to establish that defendant went to the plaintiff’s residence on October 1, 2014 to pay the said amount loaned. 5.2. Documentary Evidence in the form of receipt issued by the plaintiff’s daughter for the defendant. 5.3. Plaintiff reserves the right to present any and all documentary evidence, which shall become relevant to rebut defendants’ claims in the course of trial as well as any other witnesses whose testimony will become relevant to belief defendants’ witnesses, if necessary.

VI. RESORT TO DISCOVERY 6.1. Considering the relatively simple issues presented, plaintiff does not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from defendant, plaintiff reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES December 5, 2014, December 8, 2014, December 12, 2014, and January 5, 2014. RESPECTFULLY SUBMITTED. Wenceslao de la Paz B, November 29, 2014 .

THE FIRM LAW FIRM Counsel for the Plaintiff Wenceslao de LaPaz B, University of San Agustin Iloilo City

By:

DONI JUNE V. ALMIO IBP # 605482 1/8/14 Iloilo City PTR # 0417576 1/8/14 City ROA 30724 MCLE Compliance No. II 01-23455

Copy Furnished: By Personal Service Atty. Vanity Gail Trivelegio Wenceslao de LaPaz A, University of San Agustin Iloilo City