Republic of the Philippines

MUNICIPAL TRIAL COURT

Region VI
Branch 03, Iloilo City

Nicomaine Dei Mendoza

Defendant.

Plaintiff,

-versusJulie Anne San Jose

CIVIL CASE NO. 123456

For: Collection of a
Money

Sum

of

X - - - - - - - - - - - - - - - - - - - - - - - - - - -X

PRE TRIAL BRIEF

PLAINTIFF, by counsel, to the Honorable Court, respectfully submits its

pre trial brief as follows:
STATEMENT OF THE CASE

Art. 1788. A partner who has undertaken to contribute a sum of money

and fails to do so becomes a debtor for the interest and damages from the time he
should have complied with his obligation.
The same rule applies to any amount he may have taken from the partnership
coffers, and his liability shall begin from the time he converted the amount to his
own use.
Sometime in June 2013, defendant came to the residence of the plaintiff
requesting that she be allowed to borrow: Three Hundred Fifty Pesos
(350,000.00) for the purpose of using the money to produce additional
contributions to the partnership between plaintiff and defendant as agreed by
both parties.
Because of her generosity and trust with the defendant, plaintiff lent the
aforesaid amount on the condition that she be repayed as soon as possible with
the defendants reassurance. However, despite several months of inquiry and
demands, the defendant failed to satisfy her obligation.
On January 2, 2014, defendant issued a promissory note in favor of the
defendant. Thereby agreeing that payment shall be made in three (3) equal
installments every 1st day of the month.
On March 3, 2014, defendant went to the residence of the plaintiff in order
to effect payment.

Defendant tendered the amount of:

Fifty Thousand

(P50,000.00) Receipt of the amount is evidenced by an acknowledgment receipt

issued to the plaintiff.
After which, the defendant started defaulting in her payment. Plaintiff
sent two separate demand letters to the defendant for the payment of her

obligation to no avail. This prompted the plaintiff to file a complaint before the
Sangguniang Barangay of Barangay V Iloilo City to which the defendant failed to
appear.
On June 1, 2014, a final demand letter was written by the plaintiff to the
defendant. No payments were made by the defendant thereafter.
POSSIBILITY OF AMICABLE SETTLEMENT
Plaintiff and defendant more than being partners were acquaintances long
before the formation of their partnership. It is of paramount interest of the
plaintiff to amicably settle the case.
PROPOSED STIPULATION OF FACTS AND/OR ADMISSION OF FACTS
1)

That plaintiff and defendant are partners engaged in the business of

selling hardware;

2)

That Nicomaine Dei Mendoza does not suffer from any impairment of
her mental faculties that impairs her legal capacity to enter into a
contract or whatever of the same nature;

3)

That plaintiff and defendant agreed to produce additional contribution

to the partnership;

4)

That defendant, Julie Anne San Jose, incurred P350,000 by way of loan
from the plaintiff as additional contribution to the partnership;

5)

That defendant defaulted in paying her obligations to the plaintiff as

evidenced by the promissory note she executed marked as Exhibit A
hereof;

6)

That defendant made an initial payment of P50,000.000 out of the total

loan of P350,000.00;

7)

That the signature appearing on the Acknowledgment Receipt marked

as Exhibit B hereof is that of Nicomaine Dei Mendoza.

8)

That defendant failed to appear before the Lupon ng Barangay for the
amicable settlement of the obligation;

9)

That plaintiff, issued a final demand letter to the defendant whereby

no subsequent payment was made by the latter;

ISSUES TO BE TRIED OR RESOLVED

1)

Whether or not there was a valid loan agreement between plaintiff and
defendant;

2)

Whether or not the neglect of the defendant to pay its obligation to the
plaintiff constitutes bad faith;

Whether or not the plaintiff is entitled to legal interest in default of the

3)

partner to pay his contribution;

EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

The following documents are to be presented:

Exhibit A A machine copy of the promissory note executed by defendant

Exhibit B A machine copy of the acknowledgement receipt by Mrs. Julie Anne

San Jose

Exhibit C A machine copy of the first demand letter by the plaintiff to the
defendant

Exhibit C1 A machine copy of the second demand letter by the plaintiff to the
defendant

Exhibit D A machine copy of the formal complaint of plaintiff within the

sangguniang barangay

Exhibit E A machine copy of the final demand letter by the plaintiff to the
defendant

Exhibit F A machine copy of the certification by the Philippine Postal Office

The plaintiff reserves his right to present other documents not herein listed a may
be deemed necessary.

WITNESSES TO BE PRESENTED

1)

The plaintiff herself to testify that she was the plaintiff-creditor;

2)

The defendant to testify of her failure to make good of the obligation;

3)

The husband of the plaintiff , Richard Faulkerson Jr. to testify the fact
of the loan made by the defendant;

4)

Reserves the right to present other witnesses not herein enumerated as

deemed necessary.

The testimonies of the witnesses would not consume more than 15

minutes on direct examination, and another 15 minutes on cross examination.

DATES OF HEARING

The defendant would depend upon the dates agreed upon during the pre
trial.

RESPECTFULLY SUBMITTED.
Iloilo City.
December 17, 2015

Atty. MA. RHENEE ANN G. PENIANO

Counsel for the Plaintiff
Montinola St. Aurora Subd., Iloilo City
Roll No. 39393 IBP No. 9911 dated 9-9-11
MCLE Compliance No. 11-00043527

Copy furnished by personal service:

ATTY.REXELL V. TUPAS
Attorney for the Defendant
Sapphire St. Remon Ville Subd. Jaro, Iloilo City
Roll No. 384723 IBP No. 83274 dated 1-8-11
MCLE Compliance No. 66-00024297

Received by:
________________

Date:
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