LICOMCEN, Inc. vs. Abainza
LICOMCEN, Inc. vs. Abainza
LICOMCEN, Inc. vs. Abainza
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*SECOND DIVISION.
159
CARPIO,J.:
The Case
This petition for review assails the 21 September 2011 Decision2
1
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1Under Rule 45 of the 1997 Rules of Civil Procedure.
2 Rollo, pp. 27-36. Penned by Associate Justices Agnes Reyes-Carpio, with
Associate Justices Fernanda Lampas-Peralta and Priscilla J. Baltazar-Padilla,
concurring.
3Id., at pp. 38-39.
4CA Rollo, pp. 41-59.
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During the awarding of the work, defendants wanted the aircon duct[s]
changed from rectangular to round ducts because Ronald Tan, one of the
LCC owners who came from abroad, suggested round
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5It appears that the confusion in identifying the real defendants in the collection case arose
because the previous payments to respondent totaling P6,700,000, although billed to petitioner
LICOMCEN, Inc., were all paid by the accounting department of Liberty Commercial Center,
Inc. Thus, the inclusion of Liberty as the defendant in the original complaint. CA Rollo, p. 58.
161
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6Id., at pp. 54-55.
162
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7Id., at pp. 58-59.
8Section1.Defenses and objections not pleaded.Defenses and objections not
pleaded either in a motion to dismiss or in the answer are deemed waived. However,
when it appears from the pleadings of the evidence on record that the court has no
jurisdiction over the subject matter, that there is another action pending be-
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164
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10Records, pp. 82-83.
11Id., at pp. 87-89.
12Id., at pp. 225-232.
13Sections 6 and 7, Rule 18 of the Rules of Court provide:
Sec.6.Pre-trial brief.The parties shall le with the court and serve on the
adverse party, in such manner as shall insure their receipt thereof at least three (3)
days before the date of the pre-trial, their respective pre-trial briefs which shall
contain, among others:
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LICOMCEN, Inc. vs. Abainza
Pre-trial is primarily intended to insure that the parties properly raise all
issues necessary to dispose of a case. The parties must disclose during pre-
trial all issues they intend to raise during the trial, except those involving
privileged or impeaching matters. Although a pre-trial order is not meant to
catalogue each issue that the parties may take up during the trial, issues not
included in the pre-trial order may be considered only if they are impliedly
included in the issues raised or inferable from the issues raised by necessary
implication. The basis of the rule is simple. Petitioners are bound by the
delimitation of the issues during the pre-trial because they themselves
agreed to the same.15
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(a)A statement of their willingness to enter into amicable settlement or
alternative modes of dispute resolution, indicating the desired terms thereof;
(b)A summary of admitted facts and proposed stipulation of facts;
(c)The issues to be tried or resolved;
(d)The documents or exhibits to be presented, stating the purpose thereof;
(e) A manifestation of their having availed or their intention to avail themselves
of discovery procedures or referral to commissioners; and
(f)The number and names of the witnesses, and the substance of their respective
testimonies.
Failure to le the pre-trial brief shall have the same effect as failure to appear at
the pre-trial.
Sec.7.Record of pre-trial.The proceedings in the pre-trial shall be recorded.
Upon the termination thereof, the court shall issue an order which shall recite in detail
the matters taken up in the conference, the action taken thereon, the amendments
allowed to the pleadings, and the agreements or admissions made by the parties as to
any of the matters considered. Should the action proceed to trial, the order shall
explicitly dene and limit the issues to be tried. The contents of the order shall
control the subsequent course of the action, unless modied before trial to
prevent manifest injustice. (Emphasis supplied)
14471 Phil. 394; 427 SCRA 439 (2004).
15Id., at p. 407; p. 447.
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16Exhibit A.
17Rollo, p. 33.
18P6,700,000 P5,300,000 = P1,400,000.
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