Republic of the Philippines
REGIONAL TRIAL COURT
5TH Judicial Region
Branch 28
Naga City
XYZA BADIOLA-DECLARO,
Plaintiff,
- versus - Civil Case No. XXXXX
For: Collection of sum of money
MARIE ANGELICA ARIMADO,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS
OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete proposal that
is fair and reasonable 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 Plaintiff claims that defendant failed to pay the purchase price of FIVE HUNDRED
THOUSAND PESOS (Php 500,000.00) for the Emerald Brooch delivered to the defendant.
2.2 Defendant raise as defenses that no sale ever transpired and that the checks issued to
Ms. Arimado were stolen and the defendant’s signature forged.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in their Answer, i.e., their personal
circumstances and the existence of the bank account and corresponding checks.
IV. ISSUES TO BE TRIED
4.1. Plaintiff submits that the following issue is subject to proof:
4.1.1. The loss of the defendant’s checks as the cause for the account’s closure and forgery of
his signature
4.2. Defendant submits that the following issues are subject to proof:
4.2.1. There was a contract of sale with the plaintiff;
V. EVIDENCE
5.1. Plaintiff intends to present the following witnesses:
5.1.1 Ms. Jobelle Manjares, to establish that the plaintiff and defendant actually met at
the Kinamown Bar & Rest0 Hotel, that the said brooch was the subject matter of a contract of
sale between the plaintiff and defendant, and that the defendant paid in cash FOUR HUNDRED
THOUSAND PESOS (P400,000) and issued the checks covering the balance;
5.1.2 Ms. Karla Codorniz, the companion of Ms. Manjares, as witness to the meeting
and the transaction;
5.2. 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 belie 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
May 14, 2015, June 24, 2015, June 30, 2015 and August 14, 2015.
Respectfully submitted
Naga City, May 5, 2015
NEIL RYAN R. DECLARO
Counsel for the Accused
IBP No. XXXXXXX
December 15, 2015
PTR No. XXXXX
MCLE Exemption No. _____
Roll No. XXXX
Copy Furnished:
Atty. Dorothy C. Arevalo
Private Prosecutor
3rd Floor PNB Bldg, Naga City
