REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT OF METRO MANILA
Manila, Branch 1

SERAFIN CHRISTENSEN,
Plaintiff Civil Case No: ____
VS For: Replevin

JOHN DOE.
Defendant.

x--------------------------------x

PRE-TRIAL BRIEF

COMES NOW, the Plaintiff, through the undersigned counsel, and

unto this Honorable Court, most respectfully files this Pre-Trial Brief
by averring that:

BRIEF STATEMENT OF CLAIMS AND DEFENSES

Plaintiff Serafin Christensen, filed this complaint on July 11,

2017, for the recovery of the car which the Defendant Jhon Doe
allegedly failed and refused to return after the expiration of the
period for which it was rented. Defendant however denies the
allegations in the Complaint and interposes the allegation that
Plaintiff has no personality and cause of action.

ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

Only those admissions made in the Answer and during the pre-trial
are hereby admitted. Further, defendant proposes the following facts
for stipulation that:

a. Genuiness and due execution of the Rent A Car Contract

with Contract dated October 1, 2016, between Avis Rent-A-Car and
Jhon Doe;

b. Genuiness and due execution of the Official Receipts issued

by Avis Rent-A- Car in favor of Jhon Doe;

c. Identity and capacity to be sue and be sued of Serafin

Christensen , Genereal Manager of AVIS RENT-A- CAR PHILIPPINES
INC., with address at 311 P. Casal St., Quiapo, Manila;

d. Identity and capacity to sue and be sued of JHON DOE and his
current residence at Room 1024 Sofitel Hotel, Manila ;

e. Identity of the subject property which is the Ford Echo 2015

model, owned and registered in the name of Avis Rent-A- Car
Philippines Inc.

ISSUE TO BE RESOLVED

Whether or not the Defendants possession of the subject

vehicle is legal;

Whether or not the Plaintiff has legal personality and cause of

action to file the case;

Whether or not the parties are entitled to the claim of

damages.

WITNESSES TO BE PRESENTED AND ABSTRACT OF

TESTIMONY

SCARLET SNOW BELO, Receptionist of Sofitel Hotel Manila- To

prove that she did not receive any documents or letters for
Defendant.

The Defendant reserves the right to present additional

witnesses during the course of the pre-trial or trial as the need arises.

DOCUMENTS TO BE MARKED AND PRESENTED

 Exhibit numbers 1 to 9 Official Receipts issued by Avis in
favor of Jhon Doe; to prove that the Defendant was paying the
monthly rentals due from October 2016 to July 2017;

Exhibit numbers 11 and 12 Sworn Affidavits of

JENNIFER LOOTS and SCARLET SNOW BELO; to prove that
Defendant is paying the monthly rental for the use of the subject
vehicle (car) and shed light to the verbal contract of lease agreed by
the employees of Avis and Jhon Doe.

APPLICABLE LAWS AND JURISPRUDENCE

The pertinent provisions of the Obligations and Contract of the

New Civil Code, Rules of Court and case law on the subject matter.

AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on Mondays to Fridays

of August 2017.

OTHER MATTERS

Defendant reserves the right to amend any portion of this brief to

conform to the evidence and allegations in the Complaint and other
pleadings.

RESPECTFULLY submitted on this 8th day of August,

2017, in Digos City, Davao del Sur, Philippines.

ATTY. DANAYA SANGRE

Counsel for Defendant
XYZ Bldg. Pedro Gil, City of Manila
Notary Public Until December31,2017
Roll No. xxxx; TIN: xxxxx
BP OR No. xxxxxxx
(CY 2018) PTR No. xxxxxxx;
City of Manila
WRITTEN EXPLANATION FOR SERVICE BY
 REGISTERED MAIL

HON. CLERK OF COURT

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 8, Manila

G r e e t i n g s:

Please be informed that the undersigned counsel caused the

service of the photocopies of the foregoing DEFENDANTS
PRE-TRIAL BRIEF by registered mail upon the above-
stated party, as evidenced by the attached Affidavit of
Service by Registered Mail. The undersigned counsel was
unable to personally serve a copy of said DEFENDANTS
PRE-TRIAL BRIEF upon the said party and was constrained
to serve and file a copy thereof by registered mail due to
lack of manpower as well as the considerable distance of the
said partys address from the office of the undersigned
counsel.

ATTY. DANAYA SANGRE

Counsel for Defendant
XYZ Bldg. Pedro Gil, City of Manila
Notary Public Until December31,2017
Roll No. xxxx; TIN: xxxxx
BP OR No. xxxxxxx
(CY 2018) PTR No. xxxxxxx;
City of Manila