Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region
Branch 18
Digos City, Davao del Sur

ISABELO LEMOSNERO, CIVIL CASE No. 5379

Plaintiff,
-versus- FOR: COLLECTION OF SUM
OF MONEY, ETC.
UPGAIN CORPORATION,
Represented by its President
ELEONOR Q. QUE, et.al.,
Defendants.
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PRE-TRIAL BRIEF
(FOR PLAINTIFF ISABELO LEMOSNERO)

PLAINTIFF ISABELO LEMOSNERO, through the

undersigned and unto this Honorable Court respectfully states that:

Willingness to Enter into Amicable Settlement

There is no possibility of amicable settlement. This was file on

October 17, 2014 and has still been pending before this Honorable
Court. To make the matter worse, defendant-owners and officers of
UPGAIN CORPORATION cannot be located and cannot be served
with summons. On the other hand, defendant insurance company and
its representative, have been declared in default for their failure to file
a responsive pleading after being serve with summons and the
complaint.
Hence, plaintiff is no longer amenable to any amicable
settlement.

Proposed Admission of Facts

Plaintiffs admits the following facts:

1. Plaintiff is the owner of an Isuzu truck with plate no. TMJ 991
which is used in his banana business. The same truck was

Pre-Trial Brief of the Plaintiff Page 1 of 4

 vehicular accident on February 26, 2014 at around 5 o’clock in
the afternoon at Brgy. Palili, Sulop, Davao del Sur.

2. It was plaintiff who suggested that his vehicle be brought to the

shop of one “Dodoy” at Digos City.

Proposed Stipulations of Facts

Plaintiff proposes the following stipulation of facts:

1. UPGAINS Corporation is the owner of the vehicle bearing plate
no. XKD 679 which collided with the plaintiff’s vehicle bearing
plate no. TMJ 991;
2. UPGAINS Corporation is insured by Perla Insurance and
defendant Harold Pacatang is an insurance adjuster of the
Insurance company as well as a representative of the same;
3. It was defendant Harold Pacatang who caused the towing and
transfer of plaintiff’s vehicle from “Dodoy’s” shop to J & J
Autoshop as a result of failure to reach an agreement regarding
the cost of the repairs; and
4. Plaintiff spent a total of P 30,310.00 for the repairs of the vehicle.

Issued to be Resolved

Plaintiff respectfully submits the following issues to be tried or

resolved by this Honorable Court:
1. Whether or not plaintiff is entitled to collect actual damages
incurred for the repair of the vehicle for the total amount of fifty-
four thousand five hundred ninety pesos (Php 54,590.00);
2. Whether or not plaintiff is entitled to collect damages for loss of
income for a total amount of five hundred seventy thousand
pesos (Php 570,000.00) from the February 2014 to August 2014;
3. Whether or not plaintiff is entitled to claim moral (Php 50,000.00)
and exemplary damages (Php 25,000.00) as well as attorney’s
fees (Php 35,000.00 plus Php 5,000.00 per court appearance) and
cost of suit; and

Pre-Trial Brief of the Plaintiff Page 2 of 4

 Documentary Exhibits
Plaintiff respectfully submits the following documents for marking as
follows and as exhibits:
EXHIBIT PARTICULARS
A Official Receipt of plaintiff’s vehicle issued by the
Land Transportation Office
B Extract Copy of Police Blotter of the February 26,
2014 Vehicular Accident issued by Sulop
Municipal Police Station on March 6, 2014
C Traffic Accident of the February 26, 2014 Incident
bearing Report No. 0025 prepared by Sulop
Municipal Police Station
D Official Receipt of defendant UPGAIN
CORPORATION’s vehicle issued by the Land
Transportation Office
E Undertaking executed by defendant Harold
Pacatang who is an insurance adjuster of Perla
Insurance which insures UPGAIN
CORPORATION
F Letter sent my plaintiff’s counsel informing
defendants of the required repairs of the plaintiff’s
vehicle and the continuous loss of income dated
March 3, 2014
G A follow-up letter sent by plaintiff’s counsel to
defendants stating therein that that the continuous
inaction of the defendants on the plaintiff’s demand
for repair of his vehicle resulted in his loss of
income. The same letter is dated March 13, 2014
H Extract from the Blotter Book of Barangay Aplaya,
Digos City dated June 20, 2014
I to I-10 Copies of the Receipts/Cash Invoice of expenses
incurred by the plaintiff in the repair of his vehicle
J Total Volume of Banana Deliveries by the plaintiff
to May Alabata and Engr. Yretarino of
Primexynergies (banana chips company)

Witnesses to be presented
The plaintiff will testify on his behalf to prove the allegations in
the complaint and all matters and documents pertaining to the same.

Respectfully submitted this ___________________, in the City of

Davao, Philippines. (For Digos City, Davao del Sur, Philippines)

Pre-Trial Brief of the Plaintiff Page 3 of 4

 EXPLANATION
A copy of this PRE-TRIAL BRIEF FOR THE PLAINTIFF is filed
before this Honorable Court through registered mail due to distance and time
constraints as well as lack of personnel to cause personal service. Disregard if
filed and served personally.

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