REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 90, Manila

ACE DOMINIC T. QUEBAL,

Plaintiff,
Civil Case No. 97-31312
- versus -

ANDREI V. ELINZANO,
Defendant.
x ------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as

follows:

Willingness to enter into an amicable

settlement and possible terms of any
such settlement

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.

2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant

respectfully submits that the desired terms of any amicable settlement
would involve, first, a clarification of the actual extent of any obligation
due and owing to plaintiff since there is nothing to indicate defendant’s
obligations to plaintiff and, second, a schedule of payments.

BRIEF STATEMENT OF CLAIMS AND DEFENSES

3. Plaintiff seeks principally to recover the amount of Twenty Two Million

Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and
Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%)
arising allegedly from unpaid orders delivered to defendant variously in
1989.

4. Defendant resists plaintiff’s claims based on a failure to state a cause of

action because of:

a. 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;
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 b. Extinguishment of the alleged claim made by the entity Regency
Furniture.

5. Defendant also interposed a compulsory counterclaim for Two Million

Pesos (PHP2,000,000.00) for moral damages and Two Million Pesos
(PHP2,000,000.00) for exemplary damages and One Hundred Thousand
Pesos (PHP100,000.00) as attorney’s fees.

FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

6. Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her
reply to the demand letter.

7. 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.

ISSUES TO BE TRIED

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

a. Plaintiff’s personality to seek legal relief;

b. Plaintiff’s entitlement to the amount claimed;

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

a. Plaintiff’s bad faith in filing this suit;

b. Defendant’s entitlement to the claims made in her Compulsory

Counterclaim as a result of plaintiff’s bad faith;

EVIDENCE

10.Defendant intends to present the following witnesses:

a. Defendant herself, who will testify on the true circumstances leading

to the filing of this suit against her;

b. An employee of Topless Enterprises with personal knowledge as to

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

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

RESORT TO DISCOVERY

12.Considering the relatively simple issues presented, defendant does not

intend to avail of discovery at this time.

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

plaintiff, defendant reserves the right to resort to discovery before trial.

Respectfully submitted.

Manila, 7 July 2018.

ATTY. PIOLO MARIO V. AGUILUZ

Counsel for Defendant
IBP Lifetime NO. 05672
Roll No. 56123
MCLE II Compliance No. 0003743
AGUILUZ LAW OFFICES
Rm 1407, Copiron Condominium,
Tower II, 6817 Espana Blvd.
cor. Florentino Street, Sampaloc, Manila

Copy furnished:

ATTY. ROMERO JACINTO S. LANDINEZ

Counsel for Plaintiff
IBP Lifetime NO. 05672
Roll No. 56123
MCLE II Compliance No. 0003743
AGUILUZ LAW OFFICES
Unit 14, Complexion Condominium,
Tower 1, 67 Simoun st.,
Sampaloc, Manila