REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 112

DEREK RAMSEY,
Plaintiff,

- versus - Civil Case No. 100110

For: Collection of sum of money

JOHN LLOYD,
Defendants.

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial

Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a

concrete proposal that is fair and reasonable and a reciprocal manifestation of
openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,

plaintiff respectfully submits that the desired terms of any amicable settlement
would involve, first, an admission of amount due and owing to plaintiff and,
second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant failed to pay the purchase price of
FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) for the Rolex
watch delivered to the defendant.

2.2 Defendant raise as defenses that no sale ever transpired and that
the checks issued to Mr. Ramsey were stolen and the defendant’s signature
forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer, i.e.,
their personal circumstances and the existence of the bank account and
corresponding checks.

IV. ISSUES TO BE TRIED

Plaintiff submits that the following issue is subject to proof;

4.1.1. The loss of the defendant’s checks as the cause for the
account’s closure and forgery of his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a contract of sale with the plaintiff;

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and
defendant actually met at the Shangri-La Makati Hotel, that the Rolex was the
subject matter of a contract of sale between the plaintiff and defendant, and
that the defendant paid in cash FOUR HUNDRED THOUSAND PESOS
(P400,000) and issued the checks covering the balance;
5.1.2 Ms. Cristine Reyes, manager of the hotel restaurant, as witness
to the meeting and the transaction;
5.2. Plaintiff reserves the right to present any and all documentary
evidence, which shall become relevant to rebut defendants’ claims in the
course of trial as well as any other witnesses whose testimony will become
relevant to belie defendants’ witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff does

not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for

discovery from defendant, plaintiff reserves the right to resort to discovery
before trial.

VII. AVAILABLE TRIAL DATES

March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011