REPUBLIC OF THE PHILIPPINES

Wester Visayas
REGIONAL TRIAL COURT
Branch 38, Guimbal

STEPHEN STRANGE, Civil Case No. 95-84953

Plaintiff, For Collection of sum of
money
-versus-

KARL AMADEUS MORDO

Defendant.

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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. Defendant is open to settling this dispute amicably, subject to a concrete

proposal that is fair and reasonable and a reciprocal manifestation of openness
from plaintiff,

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 Rolex watch
delivered to the defendant.

2.2. Defendant raise as defenses that no sale ever transpired and that the
checks issued to Mr. Ramsey were stolen and the defendants 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 defendants checks as the cause for the accounts
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. Wanda Maximoff, to establish that the plaintiff and defendant
actually met at Richmonde Hotel, that the Rolex 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. Illyana Rasputin, manager of the hotel restaurant, 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

March 17, 2017, March 23, 2017, March 30, 2017 and April 4, 2017
RESPECTFULLY SUBMIMTTED

Iloilo City; February 22, 2017

MATTHEW MURDOCK
Counsel to the Defendant
BN001 Nonato St. Miagao, Iloilo

Copy furnished:
Atty. Jennifer Walters
Counsel to the Plaintiff