REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

SIXTH JUDICIAL REGION
BAROTAC NUEVO, ILOILO
BRANCH 112

PAULO AVELINO,
Plaintiff,
- versus - Civil Case No. 668180
For: Collection of sum of
money

JOHN PALMA,
Defendant
.
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PRE-TRIAL BRIEF

PLAINTIFF, by counsel and unto the Honorable Court, most respectfully

submits this Pre-Trial Brief:

POSSIBILTY OF AMICABLE SETTLEMENT AND SUBMISSION TO

ALTERNATIVE MODES OF DISPUTE RESOLUTION

1.1 PAULO AVELINO respectfully manifests, without admitting liability or

waiving any of his rights or defenses, that he is open to any reasonable
proposal for amicable settlement from John Palma or referral of the
case to alternative modes of dispute resolution, including mediation and
or judicial dispute resolution.

SUMMARY OF ADMITED AND UNDISPUTED FACTS

2. 1. On 19 November 2017, Defendant came in to Plaintiff’s Starbucks

shop to borrow from the Plaintiff money amounting to One Hundred
Thousand Pesos (P100,000.00) and promised to pay in one (1) month
after the day the money is delivered.
2.2. Since Defendant is a long-time friend of the Plaintiff, in his kindness,
Plaintiff agreed with the said condition and agreed that there will be no
interest imposed on the amount of money borrowed. On the next day,
the Plaintiff delivered the money in the Defendant’s residence in
Strawberry Street, Pavia, Iloilo.
2.3 On July 16, 2014, the sum of money borrowed by the Defendant
became due and demandable as stipulated by both parties. However,
the Defendant failed to appear in the Dunkin Donut shop of the Plaintiff
for the payment of the said amount.
2.4 In his kindness, and still considering that the Defendant is a long-tim
friend, Plaintiff waited a week for the Defendant to make payment for
the sum of money borrowed. But, Defendant did not come to Plaintiff’s
shop to pay the remaining balance, contrary from what he promised.
2.5 On January 20, 2018, Plaintiff, through his counsel then instituted a
Demand letter to compel the Defendant to pay the P100, 000
balances. The Plaintiff himself delivered in the residence of the
Defendant. Since the Defendant was not present in the residence that
day, the demand letter was received by the house-help of the
Defendant, Bea Sue.
2.6 However, Defendant claims that he paid the said amount to Plaintiff’s
secretary and further claims that Plaintiff was not around in his shop on
the said day of January 20, 2018, and that he did not receive any
Demand letter coming from Plaintiff. Plaintiff claims otherwise as
stipulated in the foregoing, hence this instant case.

PROPOSED STIPULATION OF FACTS WITH REQUEST FOR

ADMISSION
3.1 That the Plaintiff admits only the facts stated in the complaint.

STATEMENT OF FACTUAL AND LEGAL ISSUE

4.1 Whether or not the sum of money loaned was paid.
DOCUMENTARY EVIDENCE
5.1. Exhibit “A” – Machine copy of the demand letter executed against the
Defendant by the Plaintiff and her counsel.

WITNESS AND ABSTRACT OF TESTIMONIES

6.1. Plaintiff
Present evidence to support his claim about the facts of the case.

6.2. Plaintiff’s Secretary

Present evidence to prove that no payment was received on the day of July
16, 2011, coming for the Defendant.

APPLICABLE LAW IN SUPPORT OF PLAINTIFF’S CLAIMS

7.1. Art. 1231 of the Civil Code provides that;“Obligations are extinguished:
(1)By payment or performance;
(2) By the loss of the thing due;
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) By compensation;
(6) By novation.
Other causes of extinguishment of obligations, such as annulment,
rescission, fulfillment of aresolutory condition, and prescription, are
governed elsewhere in this Code. (1156a)

RESERVATION
8.1. Plaintiff respectfully reserves the right to present other witnesses,
documents or evidences in addition to, or in substitution of, those
mentioned above and or for purposes in addition to or in substitution of
those mentioned should a need thereof arises; propose other issues as
the exigencies of trial may demand; cite and invoke other laws and
jurisprudence that may be relevant in the course of the proceedings;
amend his Petition, as may be warranted.
APPROXIMATE NUMBER OF HOURS NEEDED TO COMPLETE THE
PRESENTATION OF EVIDENCE
9.1. Should Defendant refuse to enter into stipulations of fact and make
admissions, Petitioner will need about three (3) hours to complete the
direct examination of its witnesses, at approximately one (1) hour and
thirty (30) minutes per witness. These estimates exclude the time for
the cross and re-direct examinations, which is difficult to predict.

WHEREFORE, Plaintiff, Paulo Avelino, respectfully prays that, Defendant,

John Palma be compelled to pay the amount of One Hundred Thousand
Pesos (P100, 000) and be sanctioned in accordance with law.

_________________________________
ATTY. ZARIAN LYN A. GASAPO
Counsel for the Plaintiff
XYZ bldg., Iloilo City, Philippines
Roll of Attorney No. 22344
IBP No. 677556 Lifetime/Iloilo City
PTR No. 6011111/1-05-17/Iloilo City
MCLE Compliance No.: 111-0007415