REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
MAKATI CITY
BRANCH 63

BANK OF THE PHILIPPINE

ISLANDS,
Plaintiff,

-versus- Civil Case No. 100320

For: Collection of Sum of
Money

TRINIDAD ASUNCION,
Defendant.

x------------------------------------x

PRE-TRIAL BRIEF
[For Plaintiff Bank of the Philippine Islands]

PLAINTIFF BANK OF THE PHILIPPINE ISLANDS

(“Plaintiff BPI”, hereinafter), by and through the undersigned Law

Firm, unto this Honorable Court, most respectfully submits the

instant Pre-Trial Brief in the above-captioned case, and in support

thereof, avers: That - -

I.

POSSIBILITY OF ENTERING INTO COMPROMISE AGREEMENT

Plaintiff BPI is willing to enter into compromise agreement

under such terms and conditions as may be just, equitable and

allowed by law. Plaintiff BPI will be in a position to state its

minimum demand once it receives a formal proposal from herein

defendants.

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 II.

BRIEF STATEMENT OF PARTIES’ RESPECTIVE

CLAIMS AND DEFENSES

This is a case for Collection of Sum of Money filed by Plaintiff

Bank of the Philippine Islands (“Plaintiff BPI”, hereinafter) against

herein Defendant Trinidad Asuncion (“Defendant Asuncion”,

hereinafter).

Plaintiff BPI claims that defendant Asuncion applied for and

was issued a BPI Credit Card under Customer No.

0201004003193331 upon her acceptance of the Terms and

Conditions governing the issuance and use of the BPI Credit Card.

Plaintiff BPI maintains that herein defendant Asuncion availed

herself of the credit accommodations/facilities under BPI Credit

Card through the use of the same in various accredited

establishments. Through the use of the aforesaid BPI Credit Card,

defendant Asuncion incurred credit charges with Total Outstanding

Balance (TOB) in the amount of PESOS: ONE HUNDRED TWENTY

SIX THOUSAND FOUR HUNDRED THIRTY FOUR & 02/100

(Php 126,434.02) as per Statement of Account (SOA) dated 09

June 2009. However, despite demands from plaintiff BPI, defendant

Asuncion failed and/or continuously failed to pay and settle her

account. Under the terms and conditions governing the use of a

BPI Credit Card, the amount due shall be charged with a finance

charge at the rate of 3.25% and a late payment charge at the rate

of 6% per month from default until the obligation has been fully

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paid. Plaintiff also claims attorney’s fees equivalent to 25% of all

amounts due, exclusive of appearance fee for every court hearing.

By way of defense, defendant Asuncion contended that her

obligation towards plaintiff BPI is limited only to the amount of

PESOS: TWENTY THOUSAND (PHP 20,000.00). Moreover,

defendant Asuncion alleged that the terms and conditions attached

to the complaint do not bear the signature of herein defendant

Asuncion and, at the same, it was written in fine prints and

therefore not legible. Also, defendant Asuncion asserted that the

interests rates indicated therein are unconscionable and therefore

should be reasonably reduced.

IV.

PROPOSED STIPULATIONS

Plaintiff BPI is willing to enter into stipulation of facts during

the pre-trial conference, in addition to those already admitted in the

pleadings.

V.

ISSUES

Whether or not defendant Asuncion is liable to plaintiff BPI for

the amount/s claimed in the complaint.

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 VI.

WITNESS TO BE PRESENTED

Plaintiff BPI intends to present the Account Officer handling

the defendant Asuncion’s account to prove the allegations of the

complaint. Plaintiff BPI hereby reserves the right to present such

other witnesses as may be needed during the course of the trial.

VII.

DOCUMENTS TO BE MARKED AND PRESENTED

Plaintiff BPI will present the following documents:

1. Defendant Asuncion’s BPI Express Credit Card

Application Form;

2. Delivery Receipt of the BPI Credit Card Package

together with the accompanying terms and conditions
printed at the back of the card carrier;

3. Monthly Statement of Accounts under the name of

defendant Asuncion; and

4. Demand Letter dated 8 June 2009.

Plaintiff BPI reserves the right to present such other

documents as may be needed during the trial.

VIII.

APPLICABLE LAWS AND JURISPRUDENCE

Pertinent provisions of the Civil Code of the Philippines, other

relevant laws and the Rules of Court, and Jurisprudence

thereunder.

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 IX.

AVAILABLE TRIAL DATES

Plaintiff BPI and the undersigned counsel may be available for

trial of the instant case on such dates as may be mutually agreed

upon by both parties and their respective counsels, subject to the

convenience and approval of this Honorable Court.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the instant Pre-Trial Brief for

the Plaintiff BPI be ADMITTED to form part of the records of this

case.

OTHER RELIEFS, just and equitable under the premises, are

likewise most respectfully prayed for.

RESPECTFULLY SUBMITTED. Makati City, 23 July 2010.

SAULOG & DE LEON LAW OFFICES

Counsel for the Plaintiff
BANK OF THE PHILIPPINE ISLANDS
Units 1704 & 1705 88 Corporate Center
141 Valero Street corner Sedeño Street
Salcedo Village, Makati City
Tel Nos. 813-6145, 813-6149, 894-5015, 893-6112, 817-8024

By:

ALEJANDRO B. SAULOG, JR.

PTR No. 2088266/1.05.2010/Makati City
IBP No. 810993/1.11.2010/Cavite
MCLE Compliance No. II-0006516/08.06.08
Roll No. 32260

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 CHRISTIAN GEORGE LLANES MELITANTE
PTR No. 9004497M; 01.07.10; Paranaque City
IBP No. 807724; 01.07.10; PPLM
MCLE Compliance III No: 0008897; 02.25.10
Roll No. 55728

Copy furnished:

ATTY. EDWIN OLIVA

PUBLIC ATTORNEY’S OFFICE
DEPARTMENT OF JUSTICE
16th Floor New Makati City Hall Bldg.
J. P. Rizal St., Makati City