REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 107, QUEZON CITY

ABC
Plaintiff,
-versus1007

CIVIL CASE NO. 2016

FOR COLLECTION OF SUM

OF MONEY
123
Defendant

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

PRE-TRIAL BRIEF
PLAINTIFF, by counsel, and unto this Honorable Court, respectfully
submits his Pre-trial brief in compliance with this Honorable Courts Order
dated 21 March 2016, and STATES:
I. POSSIBILITY OF AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY
SUCH SETTLEMENT
1.1
Plaintiff is willing to enter into an amicable settlement of
the case, term and condition agreeable to both parties and submit
to alternative modes of dispute resolution
1.2
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.
II. ADMISSIONS AND PROPOSALS FOR STIPULATIONS
2.1
Plaintiff admits that those facts presented in his Complaint,
i.e., personal circumstances and all the facts and annexes
presented.
2.2
Plaintiff claims that on January 07, 2015, the plaintiff and
the defendant entered into a Contract of loan.
2.3
Plaintiff claims that the defendant was not able to pay the
amount of SEVEN HUNDRED THOUSAND PESOS (Php.
700,000.00) with the imposed 10% interest rate in the Contract of
loan entered into between the parties.

2.4
The Plaintiff admits the existence of demand letter given
to the defendant to demand the whole payment from the said
contract of loan.
2.5
While the Defendant claims that there was no contract of
loan entered into between the parties.

III. ISSUES TO BE TRIED OR RESOLVED

3.1
Whether or not there was a Contract of Loan entered into
between the parties.
3.2
Whether or not the Defendant is responsible for the said
unpaid loan and be held liable.
3.3

Plaintiff submits that the following issues are subject to proof:

3.3.1

There was a contract of loan with the defendant.

3.3.2

There was a demand letter submitted by the plaintiff.

IV. EXHIBITS
4.1

Plaintiff intends to present the following documents:

4.1.1 Exhibit A Contract of loan between the Plaintiff and the
defendant.
Purpose: to prove that there was a binding agreement
between the Plaintiff and the defendant.
4.1.2 Exhibit B Demand Letter
Purpose: to prove that the Plaintiff was able to give notice to
the defendant that the loan was already demandable and
the plaintiff give the former 15 days to comply with the said
demand.
4.1.3 Exhibit C Affidavit of Service.
Purpose: to prove that demand letter was truly sent to the
office of the defendants counsel.

4.2

Plaintiff reserves the right to present any and all

documentary evidence which shall become relevant in the course
of trial.

V. WITNESSES
5.1

Plaintiff intends to present the following witnesses:

5.1.1 Plaintiff presents evidence to support his claim about

the issue of the case.
5.1.2 Counsel of the Plaintiff to testify to the authenticity of
the evidences
exhibited by the plaintiff to prove that
there was no payment made by the defendant to the said
unpaid loan.
5.2
Plaintiff reserves the right to change his witnesses
and/or present additional witnesses, if necessary.
VI TRIAL DATES
Specifically all Fridays of the month, with the regular appearance
of the undersigned counsels before this Honorable Court

VII- LAWS AND JURISPRUDENCE

7.1 Art. 1159. - Obligations arising from contracts have the force of
law between the contracting parties and should be complied with in
good faith.
7.2 Art. 1165. - When what is to be delivered is a determinate
thing, the creditor, in addition to the right granted him by Article
1170, may compel the debtor to make the delivery.

7.3 Art. 1169. Those obliged to deliver or to do something incur in

delay from the time the obligee judicially or extrajudicially
demands from them the fulfillment of their obligation.

Concept of Mora Solvendi delay on the part of debtor/obligat

Requisites of Delay:
1.
2.
3.
4.

The obligation pertains to the debtor or obligor;

The obligation is determinate or liquidated, due and demandable;
The obligation has not been performed on its maturity date;
There is a demand made by the creditor on the debtor for the
fulfillment of the obligation that is due.

7.4 Article 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.

7.5 Art. 1233. - A debt shall not be understood to have been paid
unless the thing or service in which the obligation consists has
been completely delivered or rendered, as the case may be. (1157)
RESPECTFULLY SUBMITTED
Quezon City, Philippines, March 17, 2016.

ATTY. RIMAH MACABANGON

Counsel for
Plaintiff
# 145 North Fairview, Quezon City,
Roll #: 12345
PTR No. 54321 01-07-16
Quezon City
IBP No. 4321 01-0716
MCLE Compliance No.
890590 / 12-20-16

Copy furnished:
By Personal Service

CARIM, HABIB, & ASSOCIATES LAW OFFICE

Counsel for the Defendant
G Building, F. Mapayapa St., North Fairview, Quezon City