Respondents Pre Trial Brief

I. NATURE OF THE CASE

The case stems from the allegation of the plaintiff, Sps Eduardo Ramos and Carmencita
Ramos that a Contract of Sale of two (2) fishing vessels, the Lady Lalaine and the Lady
Theresa, for the price of Php 900,000.00 was perfected with the respondents. The reason for this
is the document presented by plaintiff allegedly purporting such sale.
II. ADMISSIONS
1. Respondent admit the averments in paragraph 1 and 2 of the complaint.

III. PROPOSED ADMISSIONS

1. The document being sued upon merely embodies an agreement brought about by the loans
that defendants extended to plaintiffs.
2. The plaintiffs allowed the defendants to manage or administer the fishing vessels as business
3. The plaintiffs had an understanding with the defendants that: should the latter find the
business profitable; the vessels would be sold to the latter for Nine Hundred Thousand Pesos
(P900, 000.00).
4. Both parties have no agreement on any the terms of payment.
5. Both fishing vessels were damaged when they were delivered to respondents.

IV. WILLINGNESS TO SETTLE

It is admitted by the respondent that a settlement at this stage may be welcome.

V. Issue
1. Whether or not there was a contract of sale perfected.

VI. EVIDENCE TO BE PRESENTED

1. A promissory note executed by Plaintiff for the sum of Php 900,000.00.

VII. APPLICABLE LAW/JURISPRUDENCE

1. Article 1458 of the New Civil Code
2. Article 1197 of the New Civil Code
3. SWEDISH MATCH AB v. COURT OF APPEALS, G.R. 128120, October 20, 2004

IX. WITNESSES TO BE PRESENTED

1. Aldred Edrada
2. Rosella Edrada