Scribd
Upload
194 views4 pages

Republic of The Philippines Regional Trial Court, Branch 2 Fourth Judicial Region Batangas City, Batangas

This document is a pre-trial brief submitted by the plaintiff's counsel in a civil case regarding a dispute over the repair of a vehicle. The brief summarizes that the plaintiff agreed to have the defendant repair his car but the defendant failed to complete the repair despite multiple reminders. The brief outlines the facts of the case, issues to be resolved in court, planned witnesses and evidence, and relevant laws to argue that the defendant breached the repair agreement and should be ordered to complete the repair.

Uploaded by

kate perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
194 views4 pages

Republic of The Philippines Regional Trial Court, Branch 2 Fourth Judicial Region Batangas City, Batangas

This document is a pre-trial brief submitted by the plaintiff's counsel in a civil case regarding a dispute over the repair of a vehicle. The brief summarizes that the plaintiff agreed to have the defendant repair his car but the defendant failed to complete the repair despite multiple reminders. The brief outlines the facts of the case, issues to be resolved in court, planned witnesses and evidence, and relevant laws to argue that the defendant breached the repair agreement and should be ordered to complete the repair.

Uploaded by

kate perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

Republic of the Philippines

Regional Trial Court, Branch 2


Fourth Judicial Region
Batangas City, Batangas

Mr. A, Civil Case No. ___


Plaintiff, For: An Action for Specific Performance

-vs-

Mr. B,
Defendant,

x-------------------------------------------x

PRE-TRIAL BRIEF

Plaintiff, by Counsel, respectfully submits this Pre-Trial Brief and states


that:

I.
POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiff is ready and willing to discuss the possibility of an amicable


settlement based on fair and reasonable terms acceptable to both parties.

II.
STATEMENT OF FACTS

1. Plaintiff is the owner of Ford Ranger 2012 edition color red with a plate no.
ABC 1234.
2. On January 10, 2020, Plaintiff and Defendant entered into an agreement for
the repair of Plaintiff's car, a Ford Ranger 2012 Edition;

3. On January 11, 2020, Plaintiff surrendered the car to the defendant;

4. On January 18, 2020, Plaintiff visited the Defendant's workplace and saw
that the Defendant failed to repair the car;

5. On January 19, 2020, Plaintiff sent a notice to remind the repair of the car;

6. On January 26, 2020, Plaintiff went again to the Defendant's workplace and
saw that the car was still not repaired;

7. On January 27, 2020, Plaintiff sent a demand letter setting forth the
performance of the repair to the car and its return thereafter;

8. Unhidden by the Plaintiff's demand letter, Defendant still failed to repair the
car;

9. Hence, delay was prevalent on the part of Defendant for despite the demands
of the Plaintiff, the Defendant failed to perform his obligation in accordance
with the agreement he entered with;

III
ISSUES TO BE RESOLVED
1. Whether or not the defendant shall be ordered to perform his obligation of
repairing the car and, thereafter, return it to Plaintiff;
2. Whether or not damages shall be awarded for the delay;
IV.
WITNESSES

WITNESS TESTIMONY/PURPOSE
Mr. A
Plaintiff reserves the presentation of additional witnesses in the course of the
trial.

V.
DOCUMENTARY EVIDENCE

ANNEX DOCUMENT
A Repair Agreement
B Notice to Complete Repair
C Demand Letter

Plaintiff reserves the presentation of additional documents in the course of


the trial.

VI.
MODES OF DISCOVERY
Plaintiff intends to avail of modes of discovery but not limited to deposition.

VII.
AVAILABLE TRIAL DATES
Actual trial dates may be stipulated.

VIII.
LAWS AND JURISPRUDENCE

1. The case of Maglasang vs. Northwestern Inc, University, GR No. 188986,


March 20, 2013 states that "for there to be a breach to begin with, there must
be a failure, without legal excuse, to perform any promise which forms the
whole or part of the contract.";

2. In the case of Spouse Pajares vs. Remarkable Laundry and Dry Cleaning,
GR No. 212690, February 20, 2017, Breach of contract may give rise to an
action for specific performance or rescission of contract. It may also be the
cause of action in a complaint for damages filed pursuant to Art. 1170 of the
Civil Code. In the specific performance and rescission of contract cases, the
subject matter is incapable of pecuniary estimation, hence jurisdiction
belongs to the Regional Trial Court (RTC);

3. The New Civil Code provides:


Art. 1170. Those who in the performance of their obligations are guilty of
fraud, negligence, or delay, and those who in any manner contravene the
tenor thereof, are liable for damages.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the


foregoing Pre-Trial Brief be admitted.

All other reliefs just and equitable are prayed for.

(Done this date, Batangas City, Batangas )

For the Plaintiff


By:
(Sgd.)
Atty. Karen Reyes
ABZ Law Firm
ND
Rm 212, 2 Floor Ebia Building
Batangas City, Batangas
Roll No.: 12345
IBP No.: 123
PTR. No.: 123
MCLE No.: 123

Copy furnished:

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy