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    Laika Corral
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    This document is a pre-trial brief submitted by the defendant Jerome A. Ante in Civil Case No. 07-1234 filed by the plaintiff Jackie A. Villanueva for collection of 800,000 pesos plus interest. The defendant is open to settling the dispute amicably but disputes the claims. The defendant argues the plaintiff lacks standing to sue and the claim has been extinguished. The defendant also filed a counterclaim for damages. The defendant admits limited facts and disputes the issues and claims raised by the plaintiff. The defendant intends to present witnesses and reserves the right to present documents and other witnesses.

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    This document is a pre-trial brief submitted by the defendant Jerome A. Ante in Civil Case No. 07-1234 filed by the plaintiff Jackie A. Villanueva for collection of 800,000 pesos plus interest. The defendant is open to settling the dispute amicably but disputes the claims. The defendant argues the plaintiff lacks standing to sue and the claim has been extinguished. The defendant also filed a counterclaim for damages. The defendant admits limited facts and disputes the issues and claims raised by the plaintiff. The defendant intends to present witnesses and reserves the right to present documents and other witnesses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    56 views4 pages

    Pretrial Brief

    Uploaded by

    Laika Corral
    This document is a pre-trial brief submitted by the defendant Jerome A. Ante in Civil Case No. 07-1234 filed by the plaintiff Jackie A. Villanueva for collection of 800,000 pesos plus interest. The defendant is open to settling the dispute amicably but disputes the claims. The defendant argues the plaintiff lacks standing to sue and the claim has been extinguished. The defendant also filed a counterclaim for damages. The defendant admits limited facts and disputes the issues and claims raised by the plaintiff. The defendant intends to present witnesses and reserves the right to present documents and other witnesses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    REGIONAL TRIAL COURT


    5th Judicial Region
    Branch 10
    Legazpi City

    JACKIE A. VILLANUEVA

    Plaintiff,

    -versus- Civil Case No. 07-1234


    For: Collection of Sum of
    Money

    JEROME A. ANTE
    Defendant.
    x------------------------------------------x

    PRE-TRIAL BRIEF

    DEFENDANT, through 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. Subject to a concrete proposal that is fair and reasonable and a


    reciprocal manifestation of openness from plaintiff, defendant is open to
    the possibility of amicably settling this dispute.

    II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

    2.1. Plaintiff seeks principally to recover the amount of eight hundred


    thousand pesos (P800,000.00) with interest at twelve percent (12%).

    2.2. Defendant resists plaintiff’s claims based on a failure to state a


    cause of action because of:
    1.2.1. Plaintiff's lack of personality to sue and, therefore, not being
    the real party in interest under Rule 3, section 2 of the 1997 Rules
    of Civil Procedure;

    1.2.2. Extinguishment of the alleged claim made by the defendant.

    2.3. Defendant also interposed a compulsory counterclaim for Fifty


    Thousand Pesos (P50,000.00) for moral damages and Two Hundred
    Thousand Pesos (P200,000.00) as attorney's fees.

    III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

    3.1. Defendant admits only those facts stated in his Answer, i.e., his
    personal circumstances.

    3.2. Subject to a concrete proposal for stipulation of additional facts from


    plaintiff during pre‐trial or even thereafter, defendant admits no other
    facts stated in the Complaint.

    IV. ISSUES TO BE TRIED

    4.1. Defendant submits that the following issues put forward by plaintiff
    are subject to proof:

    4.1.1. Plaintiff’s personality to seek legal relief;

    4.1.2. Plaintiff’s entitlement to the amount claimed.

    4.2. Defendant submits that the following issues she put forward are
    subject to proof:

    4.2.1. Plaintiff's bad faith in filing this suit;


    4.2.2. Defendant's entitlement to the claims made in his
    Compulsory Counterclaim as a result of plaintiff’s bad faith.

    V. EVIDENCE

    5.1. Defendant intends to present the following witnesses:

    5.1.1. Defendant himself who will testify on the true circumstances


    leading to the filing of this suit against her;

    5.1.2. An employee of defendant with personal knowledge as to the


    true circumstances behind the alleged obligations due and owing
    in favor of plaintiff.

    5.2. Plaintiff reserves the right to present any and all documentary
    evidence which shall become relevant to rebut plaintiff's claims in the
    course of trial as well as any other witnesses whose testimony will
    become relevant to belie plaintiff’s witnesses, if necessary.

    VI. RESORT TO DISCOVERY

    6.1. Considering the relatively simple issues presented, defendant does


    not intend to avail of discovery at this time.

    6.2. Subject, however, to a concrete and reasonable request for discovery


    from plaintiff, defendant reserves the right to resort to discovery before
    trial.
    RESPECTFULLY SUBMITTED, this 6th day of January 2021, Legazpi
    City.

    ATTY. LAIKA P. CORRAL


    PTR No. 9173576 dtd. 2-11-2020
    IBP No. 096908 dtd. 1209-2019
    Roll No. 76387 dtd 4-29-20
    MCLE COMPLIANCE No. VI-0005842
    Valid until 04-14-2022

    NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    Regional Trial Court
    Branch 10, Legazpi City

    Please submit the foregoing Motion to the Court for its


    consideration and approval immediately upon receipt hereof and kindly
    include the same in the court's calendar for hearing on February 10,
    2021 at 8:30 in the morning.

    Atty. Laika P. Corral


    Counsel for Defendant

    Copy furnished through personal service:


    Atty. Zerlaine Cmasis
    Counsel for the Plaintiff
    Rawis, Legazpi City

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