Republic of the Philippines

Regional Trial Court

9th Judicial Region
Branch 1, Zamboanga City
SAM SUNG,

CIVIL CASE NO. 3

Plaintif

-versus-

for
SPECIFIC PERFORMANCE

GAL AXY

with DAMAGES
Defendant.

x-------------------------------------------------x
PRE-TRIAL ORDER
When this case was called for pre-trial, Atty. Fez Buok
appeared for the plaintif and Atty. Balagot appeared for the
defendant. The plaintif Sam Sung and the defendant Gal Axy
were also present.
POSSIBILITY OF AMICABLE SETTLEMENT
During the Pre-Trial, both parties have not arrived any
amicable settlement agreement although the plaintif manifested
that he is open to amicable settlement at any stage of the
proceedings provided that the following terms or conditions shall
be complied by the defendant:
1. That defendant shall deliver the car, Honda Jazz 2011 model, to
plaintif;
2. That plaintif shall pay the whole amount of the agreed price
upon such delivery;
3. That plaintif shall waive all other claims for damages except
for actual damages.
STIPULATION OF FACTS BETWEEN THE PARTIES
The plaintif, through his counsel and the defendant, through his
counsel stipulated on only one thing:

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That the Community Tax Certificate of defendant is a

genuine document to prove that the defendant lives in Bulua,
Cagayan de Oro City.

The following facts were proposed by the plaintif but were not
admitted:
1. That the defendant
2. That the defendant
account;
3. That the defendant
09058598143.
4. That the defendant
Pascua.

is the owner of the car;

is the owner and user of the facebook
is the owner of the cell phone number
is acquainted with Sam Maybe and Piolo

The following facts were proposed by the defendant but were also
not admitted:
1. That defendant does not have nor maintain any social media
accouny such as facebook, twitter, etc.
2. That defendant does not know the person of the complainant;
3. That defendant does not own or possess a Honda Jazz
automobile;
4. That defendant is not a signatory or a party in the alleged
Contract of Sale;
5. That the defendants presence is contrary to human experience
in the alleged Contract of Sale;
6. That defendant does not have any dealings in any way with the
plaintif.
7. That defendant is entitled to all monetary claims and damages
arising thereat.
ISSUES TO BE TRIED OR RESOLVED
The plaintif would like the following issues to be resolved:
1. Whether the defendant is the same person whom the plaintif
transacted with;
2. Whether the defendant owns the car;
3. Whether there is indeed a contract between the plaintif and
defendant; and
4. Whether the plaintif is entitled for delivery or performance and
damages.
The defendant likewise raised the following issues to be resolved:
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1. Whether plaintif has cause of action against defendant to

perform and compel him to honor the alleged contract of sale;
and
2. Whether defendant is entitled to monetary claims arising in the
instant complaint.
EVIDENCE MARKED
The plaintif marked the following exhibits:
1. Exhibit A
official

receipts
Official receipt of the Grand Hotel
Official receipts of the diferent taxis

2. Exhibit B
3. Exhibit C
4. Exhibit D
engagement
5. Exhibit E
6. Exhibit F
7. Exhibit G
8. Exhibit H
9. Exhibit I
10. Exhibit J

Plane fare ticket and boarding pass with

Official receipt of the law firm and

Contract
Facebook communications
Notarized Contract of Sale
Judicial Affidavit of Sam Maybe
Judicial Affidavit of Piolo Pascua
Judicial Affidavit of Sam Sung
Judicial Affidavit of Fez Buok

The plaintif further reserved his right to mark other

documentary evidence which may be relevant to the case but not
yet available as of the moment.
The defendant, on the other hand, marked the following
documents:
1. Exhibit
2. Exhibit
3. Exhibit
4. Exhibit
5. Exhibit
6. Exhibit
Report
7. Exhibit
8. Exhibit

1
2
3
4
5
6
7
8

Answer with compulsory counterclaim

Community Tax Certificate of defendant
LTO Certification of No Registration
Memorandum Order No. S-0001
Certificate of Attendance
Water Front Hotel Lobby Entry Logbook
-

Water Front Hotel Official Receipt

Parking Lot Logbook Entry

The defendant likewise reserved his right to mark other

documentary evidence which may be relevant to the case but not
yet available as of the moment.
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WITNESSES TO BE PRESENTED
The plaintif will present the following witnesses:
1. Sam Sung who will testify on the events that transpired from
the initial ofer to sell up to his frustration and the subsequent
damages he had incurred;
2. Sam Maybe who will testify as a witness to the written contract
of sale and the identity of the parties;
3. Piolo Pascua who will testify as a witness to the written contract
of sale and the identity of the parties; and
4. Atty. Fez Buok who will testify as a witness/facilitator to the
written contract of sale and its notarization and the identities of
the parties.
The defendant did not name any particular witness during the
pre-trial but has reserved his right to present individuals who may
prove significant witnesses to the instant case.

DATE OF HEARING
Both parties agreed to hold the trial in the afternoon of
March 16, 2015 and present their witnesses on the same date.
The parties are hereby directed to review and go over the Pre-Trial
Order. Should they find any error therein as may be supported by
the Transcript of Stenographic Notes, they should call the
attention of the Court before the trial. Thereafter, no correction to
the order shall be allowed.
Done this 1st day of March, 2015 at Zamboanga City,
Philippines.

CHRISTELLE T.
RUBIO
Judge
Copy furnished:
Atty. Fez Buok
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Room 202, Jasmine Tower

Gov. Alvarez Street, Zamboanga City
Atty. Carlo Magno Balagot
Room 101, Hamilton Building
Pilar Street, Zamboanga City

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