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    Legal Forms Sample 3 PDF

    Uploaded by

    Princess Darimbang

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    © All Rights Reserved
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    Name of the Court (or body) | Title of the Action. It should indicate the | [Docket Number, if assigned | names of the parties. They shall all be | named in the original complaint or | Petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. Their respective participation in the case shall be indicated. (Rule 4. Section 1.) Designation (name of pleading or motion) Introduction Allegations of the party’s claims and defenses. ‘The allegations in the body of a pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstance. When two or more causes of action are joined, the statement of the first shall be prefaced by the words “first cause of action”, of the second by “second cause of action”, and so on for the others. (Rule 4. Section 2) Prayer. Always add a general prayer. Signature and Address. Read Rule 4, Section 3. (Depends on what pleading or motion is being made-) Republic of the Philippines) City of Cagayan de Oro) Sc. resi oat VERIFICATION and CERTIFICATION L (name), of legal age, Filipino and a ident of City, after having duly sworn to an h in accordance with law, do hereby depose and state that: 1. [am the (participation) in this case; 2.1 have caused the preparation of this —___(pleading’ and I have read and understood the contents of this pleading and attest that the contents herein are true and correct of my personal knowledge and based on authentic records; 3. I further certify under oath that I have not initiated or commenced any complaint, or action in any other Court, Tribunal or Government Agency, involving the same subject matter or cause of action; that to the best of my knowledge, no other action or proceedings is pending, in the Supreme Court, the Court of Appeals, or any other Tribunal or Government Agency; and that if I should thereafter learn that a similar action or proceedings has been filed or is pending before the Supreme Court, the Court of Appeals, or any other Tribunal or Government Agency, I undertake to report the fact within five (5) days there from to the Court or Government Agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hands this _ in Cagayan de Oro City, Philippines. affiant SUBSCRIBED AND SWORN to before me = on (date) in Cagayan de Oro City. The affiant exhibited to me his Identification with number and validity) 7 Doc. No. __;Page No. _; Book No. _ ; Series of 2020. Republic of the Philippines REGIONAL TRIAL COURT of MISAMIS ORIENTAL, 10% Judicial Region Branch 24 Cagayan de Oro City JUAN DELA CRUZ, Civil Case No. 011101001 Plaintiff, ne “versus Collection of Sum of Money. PEDRO DELOS SANTOS, Attorney’s Fees and Damages Defendant. if ~ PRE-TRIAL BRIEF so J The plaintiff, through counsel, unto this Most Honorable Court, stating and most respectfully averring this following Pre-Trial Brief, thus: I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT ‘The plaintiff is willing to enter into an amicable settlement on matters allowed by law to be compromised in such terms and conditions acceptable to both parties or to submit the case to any of the alternative modes of dispute resolution as may be allowed. Il. SUMMARY OF ADMITTED FACTS AND PROPSOED. STIPULATIONS OF FACTS The judicial admissions of the plaintiff are contained in its pleadings filed before the Honorable Court. Other admissions may be made during the pre-trial proper. ‘The following are the proposed stipulation of facts: 1. The defendant borrowed from the plaintiff the amount one million pesos (P 1,000,000.00); 2. The defendant failed to pay the obligation; 3. The defendant received the demand letter sent by the plaintiff; 4, Other stipulation of facts to be made during the pre-trial proper. Page -1-of 3 Ill. ISSUES TO BE TRIED OR RESOLVED Whether or not the defendant is liable to the plaintiff the amount of one million pesos and whether or not the plaintiff is entitled to damages and attorney's fees; IV. DISCOVERY PROCEDURE AND REFERRAL TO: COMMISSIONERS: The plaintiff reserves the right to avail of discovery procedures or referral to commissioners. V. NUMBER OF WITNESS TO BE PRESENTED 1. The plaintiff, who will testify as to the circumstances of the Joan; 2. Juan dela Cruz, Jr., to corroborate the testimony of the plaintiff; 3. The plaintiff reserves the presentation of other witnesses as it may deem necessary to establish its cause of action or to rebut the allegations of the accused VI. DOCUMENTS TO BE PRESENTED . Exhibit “A” et. seq. - the Promissory Note; 2. Exhibit “B” - the notice of dishonor/demand letter; 3. The plaintiff reserves the presentation of other documentary evidences which may be necessary to establish its cause of action. VIL APPLICABLE LAWS ‘The applicable laws are the provisions under the New Civil Code and other related laws and jurisprudence. VII. TRIAL DATES ‘To be set in consultation with the Court's calendar. Respectfully submitted on January 28, 2020, in the City of Cagayan de Oro. Page -2-of 3 / CHESTER C. CASTANOS PTR No. 4470060 A. / October 30, 2019 (for 2020)/CDO IBP OR No. 094013 / October 30, 2019 (for 2020), / Mis. Or. MCLE Compliance No. VI-0003819 / 9-29-17 Roll No. 54917 DELA SERNA & CASTANOS LAW FIRM round Floor, Trinidad Building Yacapin Street, Cagayan de Oro City 9000 Tel. No. (0917) 712 0321 Copy furnished by personal service: Atty. Ah Torni Cagayan de Oro City Copy furnished by registered mail: Atty. Torni Torns Reg. Rec. No. :___— Davao City Date: ed EXPLANATION ‘The foregoing Pre-Trial Brief is being served by registered mail with registry receipt and return card, personal service thereof not being practicable due to distance, time constraints and lack of personnel to go to Davao City to serve this Pre-Trial Brief. CHESTER C. CASTANOS Page-3-of 3 8Republic of the Philippines REGIONAL TRIAL COURT of MISAMIS ORIENTAL 10" Judicial Region Branch 18 Cagayan de Oro City JOHN D. CROSS, CIVIL CASE No. CV -2018- Plaintiff, 710 vs. Collection of Sum of Money. MARY JANE DELA CRUZ, Attorney’s Fees and Damages Defendant. eee eee et ee a as eee / ANSWER with AFFIRMATIVE DEFENSES and COUNTERCLAIMS __ | Defendant, through counsel, and unto this Most Honorable Court, stating and most respectfully averring the following Answer, thus: 1. The defendant received the Summons dated December 15, 2019, ordering the Defendant to file her Answer within fifteen (15) days vis-a-vis the complaint filed by the plaintiffs; a. The summons was received by the defendant on December 20, 2019 and should have until January 4, 2020 to file her Answer; 2. At the outset, all denials found herein are subject to the defendant's Affirmative Defenses and Counter-Claims, if applicable; 3. To begin, paragraphs 1, 2 and 3 may be admitted; 4, Paragraphs 4, 5, 6, 7, 8, 9 and 10 are denied, the truth of which are those set forth in our affirmative defenses; 5, Paragraph 11 is admitted as to the first part but denied as to the last part for lack of actual knowledge and information sufficient to form a belief as to the truth of the material averment; 6. Paragraphs 12 and 13 are denied for being false and misleading. The defendant did not oblige herself to give any financial statement to the plaintiff as she does not have any obligation to produce it to the plaintiff; . Paragraphs 14, 15, 16 and 17 are all denied. The truth of it are those stated in the affirmative defenses herein; N Page-1-of 4 AFFIRMATIVE DI ‘The complaint fails to state a cause of action 8. Aside from the bare allegations of the plaintiffs in their complaint, there is nothing else that can prove the existence of A loan; 9. “The basic rule is that mere allegation is not evidence and is not equivalent to proof.” “It is hornbook doctrine that mere allegations do not constitute proof. As held in Real v. Belo, "it is basic in the rule of evidence that bare allegations, unsubstantiated by evidence, are not equivalent to proof. In short, mere allegations are not evidence."?; 10.If we peruse the complaint, there are no documentary evidences attached to prove the bare allegations of the plaintiffs; 11.They also allege that they gave money to the defendant. Again the plaintiff failed to substantiate this; 12.The plaintiff also fails to show any iota of evidence that the parties agreed that the defendant “shall solely manage the business, register the same in her name”; a. The reason why the plaintiff has no evidence is that the parties never agreed to such; 13.“It is well to point out that the plaintiff's cause of action should not merely be "stated" but, importantly, the statement thereof should be "sufficient." This is why the elementary test in a motion to dismiss on such ground is whether or not the complaint alleges facts which if true would justify the relief demanded.”®; 14.“What is contemplated, therefore, is a failure to state a cause of action which is provided in Sec. 1(g) of Rule 16. This is a matter of insufficiency of the pleading. Sec. 5 of Rule 10, which was also included as the last mode for raising the issue to the court, refers to the situation where the evidence does not prove a cause of action. This is, therefore, a matter of insufficiency of evidence. Failure to state a cause of action is different from failure to prove a cause of action. ‘The remedy in the first is to move for dismissal of the pleading, while the remedy in the second is to demur to the evidence, hence reference to Sec. 5 of Rule 10 has been eliminated in this section, The procedure would ! Villanueva v. Philippine Daily Inquirer, Inc.,605 Phil. 926, 937 (2009). 2GSIS vs. Prudential Guarantee and Assurance, Inc. G.R. No. 165585. November 30, icapital, Inc. v. Consing, Jr., G.R. Nos. 175277 and 175285, September 11, 2013, 705 SCRA 511, 526 Page-2-of 4 consequently be to require the pleading to state a cause of action, by timely objection to its deficiency; or, at the trial, to file a demurrer to evidence, if such motion is warranted.”*; 15.”Failure to state a cause of action and lack of cause of action are distinct grounds to dismiss a particular action. The former refers to the insufficiency of the allegations in the pleading, while the latter to the insufficiency of the factual basis for the action. Dismissal for failure to state a cause of action may be raised at the earliest stages of the proceedings through a motion to dismiss under Rule16 of the Rules of Court, while dismissal for lack of cause of action may be raised any time after the questions of fact have been resolved on the basis of stipulations, admissions or evidence presented by the plaintiff.” 16.Upon reviewing the complaint, it has failed to substantiate the presence of a loan and further failed to likewise substantiate their statement that they gave the defendant money; a. Therefore, considering the insufficiency of the allegations, this complaint should be dismissed; ‘The damages prayed for in _ the pla bstantiated. 17.Considering that there is no contract of loan between the parties, there is no consequent obligation for the defendant to pay the plaintiff; 18.1f the plaintiffs have “suffered sleepless nights, mental anguish, serious anxiety, anger, wounded feelings and any similar injuries”, the same are not due to the acts of the defendant; 19.How the plaintiffs feel toward the defendant is not actionable; 20.Likewise, exemplary damages can not be claimed either. The allegations are insufficient to prove malice, bad faith, gross negligence or that the defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent manner; 21.Lastly, as to the claim for attorney's fees, the same are uncalled for and are unreasonable. Further, the plaintiff never annexed any receipt to prove any payment of such fee; COUNTER - CLAIMS 4 Regalado, Remedial Law Compendium, Volume I, Ninth Revised Ed. (2005), p. 182. 5 Macaslang v. Zamora, G.R. No. 156375, May 30, 2011, 649 SCRA 92, 106-107, Page-3-of 4 s0The prose 22. The present case has caused, and is still causing, untold stress. The defendant is suffering from sleepless nights, anxiety, fright and worries. An award for moral damages is fitting and if it should be quantified, the amount of P 200,000.00 is respectfully prayed; 23.S0 as to discourage the public from using the Courts for their personal motives and gain, like the plaintiffs are doing, on Exemplary Damage must be adjudged against them in the amount of P 200,000.00; 24.Due to this unfounded claim, the defendant was constrained to engage the services of a lawyer which could probably cost her P50,000.00 as attorney's fees plus the appearance fees; 25; The plaintiff must also be adjudged to refund all the expenses of this suit spent by the defendant; it is most respectfully prayed sed for lack of laims be heard WHEREFORE, premises considered, of this Most Honorable Court that the Complaint be dismi merit and basis and the affirmative defenses and counter-

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