REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

City of Manila
Branch __

CHOCO MARTIN,
Plaintiff,

- versus - Civil Case No. 123456

For: Collection of sum of money

RUBEN PADELLA and

IVANA MULAWIN,
Defendants.

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PRE-TRIAL BRIEF

DEFENDANT, RUBEN PADELLA, by counsel, respectfully submits

his Pre-Trial Brief for compliance with this Honorable Court’s order on
November 20, 2014, as follows:

I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Provided that plaintiff is open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable from 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 That Defendant admits that he is a co-signer of the loaned money

in the amount of TWO HUNDRED THOUSAND PESOS (P200, 000.00) but

not the principal debtor.

 2.2 Plaintiff claims that defendant failed to pay the amount loaned.

2.3 Defendant raise as a defense that plaintiff shall not be held

primarily liable as he is not the principal debtor of the loan.

2.4 That Ivana Mulawin, being the principal borrower shall be solely

held liable to pay the loan

2.5 That Defendant did not receive any demand letter from the

Plaintiff on the dates that plaintiff stated.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer such as

the loan involved in this case is in the amount of TWO HUNDRED

THOUSAND PESOS (P200,000.00).

3.3 Defendant admits that he is a friend of the principal debtor, Ivana

Mulawin.

IV. STATEMENT OF FACTUAL AND LEGAL ISSUE

Whether or not the defendant shall be made to pay the loan.

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses: (DI KO

SURE IF MAO NI GANAHAN NI CAP na ibutang lng og XXXXX)

5.1.1 Mr. John Lloyd Cruz , to establish that the plaintiff’s daughter

and defendant actually met at the residence of the plaintiff and defendant

paid the plaintiff’s daughter in the amount of One Hundred Fifty Thousand

Pesos (P150,000.00);
 5.1.2 Mr. Robert Downey Jr., to establish that the plaintiff’s daughter

and defendant actually met at the residence of the plaintiff and defendant

paid the plaintiff’s daughter in the amount of One Hundred Fifty Thousand

Pesos (P150,000.00);

5.1.3 Kiwi Piologo, security guard of the plaintiff, to establish that

defendant went to the plaintiff’s residence on October 1, 2014 to pay the

said amount loaned.

5.2. Documentary Evidence in the form of receipt issued by the

plaintiff’s daughter for the defendant.

5.3. 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 belief 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

December 5, 2014, December 8, 2014, December 12, 2014, and

January 5, 2014.

RESPECTFULLY SUBMITTED.
 Wenceslao de la Paz B, November 29, 2014 .

REBOJA AND ASSOCIATES LAW OFFICE

Counsel for the Defendant, Ruben Padella
Suite 109 Morales Tower
Paco, Manila

By:

ATTY. LOU DELIANNE REBOJA

Roll No. 12345
IBP No. 23456/1-18-2012
PTR. No. 34567/1-18-2012
ROA 30724
MCLE Compliance No. II 01-23455

Copy furnished:
ATTY. CARLOS LIQUIGAN
Counsel for the Plaintiff
Unit 17 Gayondato Bldg.
Pandacan, Manila

IVANA MULAWIN
Defendant
123 Singalong St.
Manila 

EXPLANATION
Copy of the ANSWER was served by registered mail due to time and distance
constraints and for luck of the undersigned’s staff who can serve the same in person. 

ATTY. LOU DELIANNE REBOJA