REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 65
Tarlac City

CAMILLE RIVERA, CIVIL CASE NO. XXX

FOR: Collection of Sum
Plaintiff, Of Money

- versus

JOHN DOE
Defendant.
x---------------------------------------------x

PRE-TRIAL BRIEF FOR PLAINTIFF

PLAINTIFF, through counsel respectfully submits their Pre-Trial Brief, to

wit:

Brief Statement of Plaintiffs Claims

1. - On August 19, 2014 , defendant John Doe, executed a

written agreement of Indebtedness with Promise to Pay , where
he obtained a loan in the principal amount of ONE MILLION ONE
HUNDRED TWENTY PESOS (Php 1,120,000.00) which sum was
due on August 19, 2015 with the agreed interest of six (6%) per
annum. As of August 19, 2016, it was admitted that the total
indebtedness of John Doe was already in the total sum of One
Million One Hundred Twenty Thousand (Php 1,120,000.00).

2. - Since the receipt of the amount of P100, 000.00 and

from the execution of the Promissory Note, Defendants failed to
pay their monthly installations;
 3. - The outstanding account of Defendants with Plaintiff as
of the filing of this complaint is P102, 400.00;

4. - On May 21, 2014, Plaintiff, thus counsel, demanded for

the payment of Defendants account;

5. - Plaintiff did not receive any response from the

Defendants, and worse still, Defendants miserably failed to
comply with their obligation to the Plaintiff;

-2-

6. - Plaintiff was constrained to refer the matter to the

Office of the Barangay Captain of Dumlog, Talisay City. Due to
the hawkish attitude of the Defendants, the parties failed to
settle the case amicably. The Office Dumlog was prompted to
issue the Certification to File Action;

7. - Defendants collective acts are tantamount to an

assault of the rights of Plaintiff, apart from being an outrageous
attack against the established order of society, which has
resulted to the unlawful disposition and deprivation of Plaintiffs
rights. It is therefore, imperative that moral and exemplary
damages be imposed on the Defendants for the pain and anguish
which Plaintiff has felt and to serve as a notice and warning to all
parties who may have the same or similar mental attitude as the
Defendants that our Court will never tolerate any attempt to
trifle with the rights of others as such amount the Court would
assess, but which should not be less than P50, 000.00;

8. - In order to protect his right in filing this case, Plaintiff

was constrained to engage the services of counsel for an agreed
fee of P30, 000.00;

9. - In protecting their interest, Plaintiff had incurred

litigation expenses in the amount of P10, 000.00 for the present.

II

Number of Witness to be Presented

 Plaintiff will present about three (3) witnesses and barring
long cross-examination, their testimonies could each be
terminated in thirty (30) minutes.

III

Abstract of the Testimonies of Witnesses for the Plaintiffs

1.- To substantiate Plaintiffs claims as alleged in his

Complaint;

2.- To identify relevant documents to support Plaintiffs

claims;

-3-

IV

Documents intended to be Presented

Plaintiff reserves his right to present and mark his documentary

exhibits in the course of the proceedings of this case.

Admissions

Plaintiff limits his admissions to those alleged in his Complaint.

VI

Applicable Laws and Jurisprudence

Plaintiff reserves his right to submit the appropriate

memorandum citing the laws and jurisprudence applicable to this case

VII

Issues:

1, - Whether or not Plaintiff have causes of action against the

Defendants;

2, - Whether or not Plaintiff is entitled to any and all damages

contemplated in his Complaint.

RESPECTFULLY SUBMITTED UPON RECEIPT.

 Cebu City (for Talisay City, Cebu), Philippines, August 26, 2014

MARISTELA A. REGIDOR
Counsel of the Plaintiff
Rm. 100 USJR
Bldg.
Magellans St.,
Cebu City
IBP OR No. 950196
1/10/14 Cebu Prov.
PTR no. 4625678 3/3/14 Cebu City
Roll No. 98765
April, 2012
MCLE no. IV-
001234
Tel No. 253-7017;
Cell No. 0932-305-1218

Copy furnished:

Atty. Lucks Mae Digaum & Atty. Venice Santisteban

Counsel of the Defendants
DIGAUM DORMASO PERIDA & SANTISTEBAN LAW
Rm 222, Washington Plaza Bldg,
Freedom Park St., Cebu City