Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 11, Davao City

SPOUSES AMADO V. SANTOS and CANDIDA S. SANTOS, Plaintiffs, - versus BACHELOR EXPRESS, INC. And ROLANDO ORAIZ LABAJO Defendants x-------------------------------------/

CIVIL CASE NO. : 31,652-06 FOR : QUASI-DELICT, DAMAGES And ATTORNEYS FEES

PRE-TRIAL BRIEF
DEFENDANTS, through counsel, unto this Honorable Court, most respectfully submits this pre-trial brief and states THAT: Brief Statement of Claims On October 27, 2006, defendant ROLANDO ORAIZ LABAJO, was driving a passenger
Bus of defendant BEI, along Diversion Road, Buhangin, Davao City at a moderate speed. At about 5:50 p.m., a boy named Andrei Anthony Santos, suddenly crossed the road, not within the
pedestrian lane, resulting to his inevitable mishap.

Defendant ROLANDO ORAIZ LABAJO, applied his

brakes, however, due to the narrow distance of the boy and the bus, the bumping of the boy became inevitable.
The proximate cause of the death of the boy was due to his negligence.

Proposed Stipulation of Facts Herein defendants, reserve the right to stipulate facts with defendants during the pretrial. Issues 1. 2. 3. 4. Whether or not the Honorable court did not acquire jurisdiction over the person of the defendant BEI? Whether or not the proximate cause of the death of Andrei Anthony Santos, was due to his own recklessness? Whether or not the defendant BEI, exercised due diligence of a good father of the family in the selection and supervision of its employees? Whether or not the plaintiff is entitled to damages and other reliefs? Documents or Exhibits to be Presented Herein PLAINTIFF, intends to present the following documents and exhibits, to wit:

1. Articles of Incorporation of Defendant BEI For the purpose of proving that defendant BEI, is a domestic corporation created by operation of law; 2. Summons dated November 27, 2005 - For the purpose of proving that no proper service was made upon the defendant corporation in accordance with Section 11, Rule 14 of the Rules of Court; 3. Traffic Accident Report - For the purpose of proving the true incident which transpired during the accident and for the purpose of proving that plaintiff was negligent in crossing the street while defendant ROLANDO ORAIZ LABAJO was
driving carefully;

4. Certificate of Clearance issued by the City Prosecutors Office For the purpose of proving the fact that defendant ROLANDO ORAIZ LABAJO, has no history of
being accused with any crime or violation of any traffic accident;

5. Certificate of Clearance issued by the barangay For the purpose of proving the fact that defendant ROLANDO ORAIZ LABAJO, has no history of being accused with
any crime or violation of any law within his place of residence;

6. Police Clearance- For the purpose of proving the fact that defendant ROLANDO
ORAIZ LABAJO, has no history of being accused with any crime;

7. Clearance Certificate Issued by the Clerk of Court For the purpose of proving the fact that defendant ROLANDO ORAIZ LABAJO, has no history of being accused with
any crime;

8. Neuro-Psychiatric Evaluation For the purpose of proving the fact that defendant
ROLANDO ORAIZ LABAJO, has a stable mental capacity and is fit to be employed as a bus driver;

9. Chemistry Report - For the purpose of proving the fact that defendant ROLANDO
ORAIZ LABAJO, is not using prohibited or regulated drugs;

10. Certificates of Attendance of ROLANDO ORAIZ LABAJO For the purpose of

proving that that defendant ROLANDO ORAIZ LABAJO underwent constant training to keep him fit for employment as a driver and for the purpose of proving that defendant BEI, exercised due diligence as an employer;

11. Affidavit of Ariel Valendez - For the purpose of proving that that defendant ROLANDO
ORAIZ LABAJO was not negligent when the mishap occurred and that it Andrei Anthony
Santos , who was negligent and proximate cause of his demise; Furthermore, herein DEFENDANTS, reserve the right to present other material documents.

Witnesses Herein DEFENDANTS , intend to present the following persons as witnesses, to wit: 1. Ariel Valendez, witness, will testify as to what he saw when the mishap occured;

2. ROLANDO ORAIZ LABAJO, defendant, will testify as to the allegations stated in the answer;

Plaintiff, further reserves to present four (4) other witnesses. Time needed to Complete Presentation of Evidence Herein PLAINTIFF, intends to finish its presentation of evidence within the approximate period of Ten (10) session days.
RESPECTFULLY SUBMITTED. Davao City, Philippines, June 16, 2007. LIZA GALICIA GALICIA LAW Counsels for the defendants
2nd floor, Torre Bldg., Anda Street, Davao City

LLOYD CHRISTOPHER A. LAO

Copy Furnish: ATTY. BERNABE ALABASTRO Davao City
PTR No. 4676086 01-03-07 IBP O.R. No. 692283 01-03-07 TIN 923-719-415 / Roll No. 50290