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Pre Trial Order Civil Case
Pre Trial Order Civil Case
PRE-TRIAL ORDER
When this case was called for pre-trial, Atty. Luis Tugas appeared for the plaintiff, and
Atty. Bernard Manrique appeared for the defendant. The plaintiff Juan Paulo Icalia and the
defendant Angelica Luisa Aguinaldo were also in court.
During the pre-trial, there was no agreement between the parties as to the possibility of
amicable settlement of the case.
The plaintiff, through his counsel and the defendant, through her counsel stipulated on the
following that:
1. Whether or not the remaining balance of the purchase price has been paid.
2. Whether or not the defendant failed to comply with the conditions in the Deed of Conditional
Sale.
3. Whether or not the defendant is liable to return the subject vehicle and to pay Php 10,000.00
as damages.
On the other hand, the defendant would like the following issues to be resolved:
1. Whether or not there exists a Deed of Conditional Sale between the parties, which is the
basis of this complaint.
2. Whether or not such Deed of Conditional Sale is simulated and fictitious.
3. Assuming for the sake of argument that indeed there is a Deed of Conditional Sale,
a. Whether or not such deed is voidable because of the mistake in the object of the
contract.
b. Whether or not said contract should be upheld when the object thereof has been lost
due to fortuitous events.
And the plaintiff reserves his right to mark other documentary exhibits which are not yet
available if the need arises.
WITNESSES TO BE PRESENTED
The plaintiff reserves his right to present two (2) more witnesses.
The defendant reserves the right to present other witnesses not herein enumerated as deemed
necessary.
DATE OF HEARING
Both parties agreed on the trial date to be held on the 5th day of December 2011 in the
afternoon and shall present their witnesses also on the same date. The parties are hereby directed
to go over the Pre-Trial Order. Should they find any error therein as maybe supported by the
Transcript of Stenographic Notes, they should call the attention of the Court before the start of
the trial. Thereafter, no correction to the order shall be allowed.
RICHARD B. BALUCIO
Judge
Copy furnished:
1. Atty. Luis Tugas
Brgy.5 Ablan Ave., Laoag City
2. Atty. Bernard Manrique
Brgy. 23, San Matias, Laoag Cit y