Republic of the Philippines

Regional Trial Court

Branch 20
Vigan City

AA and BB, Civil Case No. 1234

Plaintiffs FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
-versus –

CC and, DD
Defendants

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

PRE-TRIAL BRIEF FOR THE DEFENDANT

DEFFENDANT, by counsel, respectfully submits his Pre-Trial Brief,

as follows:

I. STATEMENT OF WILLINGNESS TO ENTER INTO AN

AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY
SUCH SETTLEMENT

Defendant is open to settling this dispute amicably, subject to a

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

Defendant 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 Defendant’s Cause

1. Defendant claims that he and defendant entered into a contract

whereby plaintiff will build a three- storey commercial building with
penthouse of the defendant located at Brgy X, Vigan City sometime in
August 2015 which is payable thru progress billing in proportion of the
amount of work done. The construction started on August 30,2015
and expected to be complete and ready for occupancy on the First
week of September 2016.

2. Defendant also claims that the progress of construction is not in

accordance with the scheduled accomplishment as the work progress
is very slow, the expected period of completion of the project and its
supposed occupancy capability, the construction is still unfinished
with defects in its construction as it did not confer to the project plan
and architecture preferred by herein defendants, thus the defendant
order the stoppage of the construction sometime June 15, 2017 .
As there is a urgent need for the defendants to finish their commercial
building, defendants decided to avail the services her brother and his
laborers to complete and satisfy the pending construction according
to the agreed project plan

3. Defendants refused to pay the unpaid balance as they believe

that the claimed amount by the plaintiff is still not enough to
compensate the former of all the damages the latter caused them due
to the abandonment of the construction of the house and non-
compliance to render quality service as stated in the contract and
defrauding them in the items reflected on the billing. To complete the
construction and repair all the defects in the construction made by the
plaintiff, the defendants incurred an expense in the total amount of
Two Million Six Hundred Seventy Five Thousand Five Hundred
Twenty Four and 58/100 (Php2,675,524.58)

III. SUMMARY OF ADMITTED FACTS

Defendant admits only those facts stated in his Answer.

IV. PROPOSED STIPULATIONS

Defendant hereby proposes that plaintiff admits:

1. That he abandoned the construction of the building;

2. That there are defects to be repaired at the building in
accordance with the plan laid in the Service of Contract;
3. The defendants incurred an expense in the total amount of Two
Million Six Hundred Seventy Five Thousand Five Hundred Twenty
Four and 58/100 (Php2,675,524.58)

I. DOCUMENTARY EXHIBITS

1 Exhibit “A”- Service Contract;

2 Exhibit “B”- Construction Quotation ;
3 Exhibit “C” – Copy of issued checks ;
4 Exhibit “D” - Quotation for damages and demand letter to
plaintiff;
5 Exhibit “E” Photographs of defective unfinished construction of
the building;
6. Exhibit “F” - Service Contract to finish the building
7 Exhibit “G” City Engineer’s approved construction assessment
8 Exhibit “H” – Repair Receipts
9 Exhibit “E” Respective Judicial Affidavits of witnesses

II. ISSUES TO BE TRIED

1. Whether or not plaintiff is liable for breach of contract;

2. Whether or not the plaintiff is liable for the damages cost

incurred by the defendant for the repair of the construction defect.

III. WITNESSES

Defendant intends to present the following witnesses:

1 CC, of Brgy X Vigan City,Ilocos Sur, being the defendant , she

will testify on all of the material incidents stated in the answer and
annexes thereto, for about one and a half (1 ½ ) hours on direct;

2 DD, of Brgy X Vigan City,Ilocos Sur, being the plaintiff’s

spouse, he will testify that the plaintiff abandoned the construction
and he repeatedly demand the plaintiff to fully complete the
construction according to the plan and and some defects notices in
the construction everytime he make a site visit, for about thirty to forty
five (30-45) minutes on direct ;

3. FF, of Vigan City, being the Engr in the City Engineer’s office, he
will testify the approved construction assessment not being
followed by the plaintiff , for about thirty to forty five (30-45)
minutes on direct;

4. GG, of Vigan City, Ilocos Sur, brother of the Plaintiff, he will testify
that the plaintiff used substandard quality of materials on the
construction and as it did not confer to the project plan and
architecture plan preferred by herein defendants, for about thirty to
forty five (30-45) minutes on direct
IV. AVAILABLE TRIAL DATES

1. November 13, 2020

2. November 20, 2020
3. December 11, 2020

V. APPLICABLE LAWS AND JURISPRUDENCE

1. Article 1159, NCC
2. Article 1170, NCC

Respectfully submitted, Vigan City, Ilocos Sur, October 30, 2020.

PhrexilynPajarillo
PHREXILYN D. PAJARILLO
Counsel for Petitioner
Pajarillo Law Office, Vigan City, Ilocos Sur
Roll of Attorneys No. 12345
PTR NO. 12345, 12/30/20, Vigan City
IBP NO. 12345, 12/30/20, Vigan City

ATTY. ABC F. XYZ,

Clerk of Court V
Regional Trial Court
Branch 20 Vigan City
Ilocos Sur

Greetings :

Kindly submit the foregoing Pre-Trial Brief for the defendant to the
Honorable Court for its consideration and resolution.

PhrexilynPajarillo
PHREXILYN D. PAJARILLO
Counsel for Defendant
Pajarillo Law Office, Vigan City, Ilocos Sur
Roll of Attorneys No. 12345
PTR NO. 12345, 12/30/20, Vigan City
IBP NO. 12345, 12/30/20, Vigan City
Copy furnished, in accordance with Section 11, Rule 13 of the
Revised Rules of Court, personal service

PhrexilynPajarillo
PHREXILYN D. PAJARILLO
Counsel for Plaintiff
Pajarillo Law Office, Vigan City, Ilocos Sur

and by personal service, to:

ATTY. ABC F. XYZ,

Clerk of Court V
Regional Trial Court
Branch 20 Vigan City
Ilocos Sur