REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 112

Juan Dela Cruz,

Plaintiff,

- versus - Civil Case No. 100110

For: Collection of sum of money

Jose Delos Reyes,

Defendants

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. Plaintiff is open to settling this dispute amicably, subject to a concrete proposal that
is fair and reasonable and a reciprocal manifestation of openness from defendant,

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 defendant’s 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 defendant’s checks as the cause for the account’s 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. Shaina Magdayao, to establish that the plaintiff and defendant actually met at
the Shangri-La Makati 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. Cristine Reyes, 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. TRIAL DATES

7.1Specifically all Fridays of the month, with the regular appearance of the undersigned
city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED.
Iloilo City, Iloilo, Philippines, July 4, 2008.

TRISTAN S. HAO
Counsel of Defendant
Unit1 3, Bayani Road, Taguig
Roll No. 67890 / 5-2-07
IBP. No. 667899 / 12-29-07
MCLE 123141

Copy furnished:

ENRICO H. ALDAY
Counsel for Plaintiff
Unit 1, MDEC Building, Sikatuna Village, Quezon City
IBP No. 1234567; 01/01/17 – Manila
PTR No. 1234567; 01/01/17 – Manila
Roll No. 12345; 01/01/16
MCLE No. I-123456; 9/09/14

Received by:___________
Date: ___________