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Defendant, Thru Counsel, Unto This Honorable Court Most Respectfully Submit The Pre-Trial Brief, As Follows

This document is a pre-trial brief submitted by the defendant's counsel in the civil case of Lovely Tubay versus Roselyn Cuspao regarding the collection of Php 100,000 for the sale of a Rolex watch. The defendant denies that a sale took place and claims the promissory note is forged. The plaintiff will present witnesses to establish that a meeting occurred where the watch was the subject of a sale and the defendant issued a promissory note. The defendant denies the allegations in the complaint. The issues to be determined are whether there was a contract of sale and if the promissory note and signature are forged.

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ANGIE BERNAL
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101 views4 pages

Defendant, Thru Counsel, Unto This Honorable Court Most Respectfully Submit The Pre-Trial Brief, As Follows

This document is a pre-trial brief submitted by the defendant's counsel in the civil case of Lovely Tubay versus Roselyn Cuspao regarding the collection of Php 100,000 for the sale of a Rolex watch. The defendant denies that a sale took place and claims the promissory note is forged. The plaintiff will present witnesses to establish that a meeting occurred where the watch was the subject of a sale and the defendant issued a promissory note. The defendant denies the allegations in the complaint. The issues to be determined are whether there was a contract of sale and if the promissory note and signature are forged.

Uploaded by

ANGIE BERNAL
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

FIRST MUNICIPAL CIRCUIT TRIAL COURT OF ARORO-BALENO


Fifth Judicial Region
Aroroy, Masbate

LOVELY TUBAY,
Plaintiff,
- versus -

Civil Case No. 0010125


For: Collection of sum of money

ROSELYN CUSPAO,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF
Defendant, thru counsel, unto this Honorable Court most respectfully submit
the Pre-trial Brief, as follows:
I. BRIEF STATEMENT OF CLAIMS AND DEFENSES
1.1 Plaintiff claims that defendant failed to pay the purchase price of ONE HUNDRED
THOUSAND PESOS (Php 100,000.00) for the Rolex watch delivered to the defendant.

1.2 Defendant raise as defenses that no sale ever transpired and that the promissory note issued
to Ms. Tubay was a fabricated document and the defendants signature forged.

II. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES


2.1

Plaintiff makes a stand or maintains positively on those facts stated in his complaint and

issuance of the demand letter January 30, 2015.

2.2

Subject to a concrete proposal for stipulation of additional facts from defendant during

pre-trial or even thereafter, defendant admit no other facts stated in the complaint..

III. ISSUES TO BE TRIED


3.1. Plaintiff submits that the following issue is subject to proof:

3.1.1. The fabrication of promissory note and forgery of his signature

3.2. Defendant submits that the following issues are subject to proof:

3.2.1. There was a contract of sale with the plaintiff;

IV. EVIDENCE
4.1. Plaintiff intends to present the following witnesses:
4.1.1 Ms. Espie Clidoro, to establish that the plaintiff and defendant actually met at the Bigg's
Diner Gaisano Capital Masbate, that the Rolex watch was the subject matter of a contract of sale
between the plaintiff and defendant, and that the defendant issued the promissory note covering
the full amount;

4.1.2 Mr. Marvin Saluria , manager of the Bigg's Diner, as witness to the meeting and the
transaction;

4.2. 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.

V. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE


TERMS OF ANY SUCH SETTLEMENT
5.1. 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,

5.2. 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.

RESPECTFULLY SUBMITTED, this 10TH of MARCH 2015, Aroroy, Masbate, Philippines.

HILDA ANGELIE BERNAL


Counsel for the Plaintiff
Roll of Attorney No. 88888
IBP O.R. No. 878787 (12/02/15)
PTR O.R. No. 0138989 (11/12/14)
Aroroy, Masbate
MCLE No. 156888 (01/08/14)

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


1st Municipal Circuit Trial Court of Aroroy-Baleno
Aroroy, Masbate

Please submit the foregoing to the Court for its consideration and approval immediately
upon receipt hereof and kindly include in the courts calendar for hearing on April 8, 2015 at
8:30 in the morning.

ATTY. HILDA ANGELIE BERNAL


Counsel for the Defendants

Copy Furnished:
Atty.Lanie C. Laurio
Counsel for the Plaintiff
Tigbao, Aroroy, Masbate

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