REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT BRANCH X LAOAG CITY JUAN PAULO ICALIA

11223 Plaintiff, -versusANGELICA LUISA AGUINALDO Defendant. x----------------------------------------------x

Stenography Notes of the Pre-Trial November 28, 2011 Coc: session. In the presence of Judge Richard Balucio, all rise the court is now in

Civil

Case

No.

for Specific Performance with Damages.

Stenographer: (prayer) Judge: Coc: Judge: Call the case. Juan Paolo Icalia vs. Angelica Luisa Aguinaldo, civil case 11223 for Specific Performance with Damages. Appearances.

Atty. Tugas: For the complainant your honor, Atty. Louis Tugas. Atty. Manrique: For the defendant your honor, Atty. Bernard Manrique. Judge: So this case is for pre-trial?

Atty. Tugas: Yes, your honor. Judge: Ok. Proceed.

Atty. Tugas: Your honor, for the Pre-trial brief, the plaintiff unto this Honorable Court respectfully manifests willingness to submit the case to any mode of dispute resolution and in relation thereto alleges the following proposed facts for admission: 1) that the parties have the capacity to sue and be sued. Judge: and be sued? In the stipulation of facts: do the parties have capacity to sue

Atty. Manrique: We admit, your honor. Atty. Tugas: 2) that the plaintiff is the owner of the subject vehicle particularly described in the complaint. Atty. Manrique: Admitted, your honor.

Atty. Tugas: 3) that the plaintiff offered to sell the said vehicle to defendant, and the latter voluntarily agreed to buy the same. Atty. Manrique: Not admitted, your honor. Judge: Why not admitted?

Atty. Manrique: Purely speculations, your honor. Judge: Why speculations?

Atty. Manrique: There has no evidence pertaining to such thing. Atty. Tugas: 4) that the parties bound themselves to comply with the conditions stated in a Deed of Conditional Sale executed by them. Atty. Manrique: Not admitted, your honor. Judge: Why not admitted?

Atty. Manrique: The Deed of Conditional Sale alleged thereto is not existent. Atty. Tugas: 5) that the agreed purchase price was Php 350,000. Atty. Manrique: Not admitted, your honor. It is based on the Deed of Conditional Sale which is I am questioning. Judge: Ok.

Atty. Tugas: 6) that the defendant voluntarily agreed to pa the purchase price on the installment basis and in the following manner: Feb. 1, 2011---------P 50, 000.00 Mar. 1, 2011---------P 50, 000.00 Apr. 1, 2011----------P 50, 000.00 May 1, 2011---------P 100, 000.00 June 1, 2011---------P 100, 000.00 Atty. Manrique: Still not admitted, your honor. It is based on a contract which is not existent. Atty. Tugas: 7) that the defendant failed to pay on Apr. 1, 2011, May 1, 2011 and June 1, 2011. Atty. Manrique: Not admitted, your honor. Judge: Why not admitted?

Atty.Manrique: It is still based in a contract which is not yet proven. Atty.Tugas: 8) that the defendant bound himself in case of non-compliance to return the subject vehicle and to pay P10, 000.00 as damages. Atty. Manrique: Not admitted, your honor. Judge: Ok. How about your file? Your stipulations.

Atty. Manrique: The defendant respectfully submits the following stipulation of facts: 1) that the defendant and plaintiff are residents of the same barangay. Atty. Tugas: Not admitted.

Judge:

Why not?

Atty. Tugas: Your honor the defenant is not from brgy. 10 but in brgy. 16. Atty. Manrique: 2) that the case was prematurely filed in court, parties having not complied to a condition precedent which is the conciliation process in the Lupong Tagapayapa. Atty. Tugas: Not admitted, your honor. Atty. Manrique: 3) that the original agreement between them is for plaintiff to deliver a SUV, not a 4 door Sedan. Atty. Tugas: Not admitted, your honor.

Atty. Manrique: 4) that said 4 door Sedan, allegedly delivered was loss through fortuitous event. Atty. Tugas: Not admitted, your honor. Judge: Why not admitted.

Atty. Tugas: Because there was no communication made by the party for the loss of the object for the said fortuitous event. The plaintiff is not aware of the said fortuitous event. Atty. Manrique: 5) that defendant has not signed with plaintiff any contract pertaining to the sale or conditional sale of said 4 door car. Atty. Tugas: Not admitted. Atty. Manrique: 6) that such contract was never attached in the complaint. Atty. Tugas: Not admitted, your honor. Atty. Manrique: 7) that should said inexistent contract which is the basis of its complaint be produced it is deemed fictitious and simulated. Atty.Tugas: Not admitted. Atty. Manrique: 8) that should such contract be presented and inadvertently admitted thereto as evidence in court, it is still voidable because there is mistake in the object thereto. Atty. Tugas: Not admitted, your honor. Judge: ok. Atty. Tugas: What are the issues to be resolved? Plaintiff. The issues are the following: 1. Whether or not the remaining balance of the purchase price has been paid; 2. Whether or not the defendant failed to comply with the conditions in the Deed of Conditional Sale; 3. Whether or not the defendant is liable to return the subject vehicle and to pay P10,000.00 as damages. No more?

Judge:

Atty. Tugas: Thats all, your honor. Atty. Manrique: The defendant would like the following issues to be resolved:

1. Whether or not there exists a Deed of Conditional Sale between the parties, which is the basis of this complaint. 2. Whether or not such Deed of Conditional Sale is simulated and fictitious. 3. Assuming for the sake of argument that indeed there is a Deed of Conditional Sale, 3.1. Whether or not such deed is voidable because of the mistake in the object of the contract. 3.2. Whether or not said contract should be upheld when the object thereof has been lost due to fortuitous events. Judge: Do you have documentary exhibits? What are they?

Atty. Tugas: The documentary exhibits, your honor are: Exhibit A - Certificate of Registration issued on August 8, 2003 by the Chief Officer of the Land Transportation Office. Exhibit B - Deed of Conditional Sale executed by the plaintiff and the defendant. Exhibit C - Acknowledgement Receipt. Exhibit D - Acknowledgement Receipt. And the plaintiff reserves his right to mark other documentary exhibits which are not yet available if the need arises.

Judge:

For the defendant.

Atty. Manrique: The defendant submits the following documents: Exhibit A - Sample specimen of defendant. Exhibit B - Police blotter regarding the lightning incident that struck the car described in the complaint. Exhibit C - Affidavit of defendant stating that no contract was ever perfected between him and the plaintiff and that no such contract was attached to said complaint. Judge: Atty.Tugas: How about the witnesses to be presented? The witnesses, your honor are: 1) 2) 3) 4) Judge: Juan Paulo Icalia Anton jose Paolo Juan the plaintiff reserves his right t present 2 more witnesses.

How about the defendant?

Atty. Manrique: The witnesses for the defense, your honor are: 1) The defendant himself, Angelica Luisa Aguinaldo 2) The defendants officemate, Mich James 3) The Court Sheriff, Julie Pante 4) Junas Media 5) Defendant reserves the right to present other witnesses not herein enumerated as deemed necessary.

Judge:

Ok. The Clerk of Court is directed to prepare the pre-trial order which will be signed by both parties next meeting before the presentation of the complainants evidence.