Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
Branch 1
Island Garden City of Samal

SPOUSES JENNIFER, CIVIL CASE NO._________

AND NORMAN BROWN
REPRESENTED BY THEIR
ATTORNEY IN FACT,
EVELYN REYES
Plaintiff,

-versus-

RICKY SUECO, FOR: CLAIM OF SUM OF M

Defendant. ONEY, DAMAGES AND AT
TORNEYS FEES

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

PLAINTIFFS PRE TRIAL BRIEF

COMES NOW, Plaintiff SPOUSES JENNIFER AND NORMAN
BROWN represented by their attorney in fact, EVELYN REYES by
counsel unto this Honorable Court, respectfully aver:

SUMMARY OF ADMITTED FACTS

1. On December 12, 2014, plaintiff Spouses Brown made a reser-

vation at Sueco Beach Resort, owned by defendant Sueco, for
the venue, food and accommodation of guests for their wedding
on August 8, 2015;

2. On the same date, Plaintiff Spouses Brown paid TWO HUN-

DRED FIFTY THOUSAND (250,000.00) PESOS as downpay-
ment for the venue, food and accommodation amounting to
FIVE HUNDRED THOUSAND (500,000.00) PESOS;

3. As evidence of their agreement, plaintiff Spouses Brown and

defendant Sueco executed a contract;

4. However, on May 8, 2015, Evelyn Reyes, mother of plaintiff Jen-

nifer Reyes Brown, armed with a Special Power of Attorney,
cancelled the reservation as plaintiff Spouses Brown already got

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 married in the United States and they could not come to the Phil-
ippines on August 8, 2015;

5. Due to that, Evelyn Reyes demanded for the reimbursement of

the downpayment made by plaintiff Spouses Brown but defend-
ant Sueco refused to reimburse Fifty (50%) percent of the down-
payment as stipulated on their contract;

6. On May 15, 2015, Evelyn Reyes demanded again for the reim-
bursement of the downpayment but defendant Sueco deliber-
ately failed to heed the demand of Evelyn Reyes on the ground
that he already refused several couples to make reservation on
August 8, 2015 due to the reservation made by plaintiff Spouses
Brown on the said date;

7. On May 22, 2015, Evelyn Reyes sent a demand letter to defend-

ant Sueco to settle the matter but still, the latter deliberately
failed and refused to comply;

8. Due to the failure and refusal of defendant Sueco to reimburse

Fifty (50%) percent of the downpayment made by plaintiff
Spouses Brown despite repeated demands, Evelyn Reyes filed
a case before the barangay on June 10, 2015; nevertheless,
mediation failed between the two. Hence, a certificate to file ac-
tion was issued in favor of plaintiff Spouses Brown;

9. Despite plaintiff Spouses Brown through Evelyn Reyes repeated

demands, both written and verbal, defendant Sueco failed and
refused to comply with the demands;

10. That defendant Suecos unjust refusal to reimburse the said

amount clearly constitute a breach of contract and unjust enrich-
ment and to which plaintiff Spouses Brown has the right to re-
cover;

STIPULATION OF FACTS

Plaintiff would like to stipulate the following facts:

11. Plaintiff Spouses Brown and defendant Sueco executed a con-

tract of service and reservation on December 12, 2014;

12. Plaintiff Spouses Brown paid TWO HUNDRED FIFTY THOU-

SAND (250,000.00) PESOS as downpayment for the venue,
food and accommodation amounting to FIVE HUNDRED
THOUSAND (500,000.00) PESOS as per contract of service
and reservation dated December 12, 2014;
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 13. Evelyn Reyes is properly authorized to cancel the reservation
made by plaintiff Spouses Brown on December 12, 2014 and to
file necessary action before any judicial, quasi-judicial, adminis-
trative and barangay bodies;

14. Evelyn Reyes was present at the time of the execution of the
contract of service and reservation dated December 12, 2014;

DOCUMENTS TO BE MARKED
Plaintiff would like to mark of the following exhibits:

Exhibit A Complaint dated September 10, 2015 To

prove the allegations of plaintiff Spouses
Brown;

Exhibit B Acknowledgement Receipt dated December

12, 2014 To prove that plaintiff Spouses
Brown paid the downpayment to Ricky Sueco
and the same was acknowledge and received
by him;

Exhibit C Contract of service and reservation dated

December 12, 2014 To prove that plaintiff
Spouses Brown is entitled of reimbursement;

Exhibit D Special Power of Attorney dated April 30,

2014 To prove that Evelyn Reyes is duly au-
thorized by plaintiff Spouses Brown;

Exhibit E Demand Letter dated May 22, 2015 To

prove that a demand was made to Ricky Sueco
but the latter still refused to reimburse the
downpayment;

Exhibit F Certificate to File Action dated August 20,

2015 To prove that plaintiff Spouses Brown
complied the filing of a case before the baran-
gay before resorting to judicial action;

WITNESSES TO BE PRESENTED

Plaintiff intends to present the following witnesses:

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 Plaintiff Norman Brown They will testify that they exe-
cuted a contract of service and reservation with defendant
Sueco of Sueco Beach Resort and paid a downpayment of
P250,000 Pesos. They will testify also that they agreed that
upon cancellation they are entitled of 50% of the downpay-
ment;

Plaintiff Jeniffer Brown Same with Plaintiff Norman

Brown;

Evelyn Reyes She will corroborate the testimony of plain-

tiff Spouses Brown and further testify that despite repeated
demands, defendant Sueco failed and refused to reim-
burse 50% of the downpayment;

Atty. Shemilyn Bilbao She will testify that Jennifer Reyes,

Norman Brown and Ricky Sueco executed a contract of
service and reservation and was notarized before her.

ISSUE

15. Whether or not plaintiff Spouses Brown is entitled of reimburse-

ment amounting to P125,000 Pesos.

WILLINGNESS TO ENTER SETTLEMENT

16. Plaintiff Spouses Brown is open to any settlement.

AVAILABLE TRIAL DATES

17. February 29, 2016, March 4, 2016, March 8, 2016 and March
20, 2016;

February 22, 2016, Davao City, Philippines.

Assisted by:

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COPY FURNISHED: