Republic of the Philippines

6th Judicial Region

REGIONAL TRIAL COURT
Branch 24
Iloilo City
-o0o-

CAROLINA B. GARCIA Civil Case No. 28024

Plaintiff, For: COLLECTION FOR
A SUM OF MONEY
WITH DAMAGES
-versus-

DIEGO M. SANTOS
Defendant.
x-----------------------------------------x

PRE-TRIAL BRIEF
(For the Defendant)

COMES NOW THE DEFENDANT, through undersigned counsel,

unto the Honorable Court, respectfully submits this Pre-Trial Brief as
follows:

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

The Defendant is willing to enter into an amicable settlement with

Plaintiffs as long as the same is just and equitable.

PROPOSED STIPULATIONS OF FACTS AND CIRCUMSTANCES

1. The defendant signed a Contract of Loan with Carolina B. Garcia

on March 15, 2020 (Annex A in the Complaint), attached herein as
Annex “1”;
2. On February 7, 2021, Plaintiff went to the house of the defendant
and forcing the latter to pay the whole debt with interest;

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 3. That on the same date, the defendant explained to the Plaintiff that
the latter has no right to force him to pay since the due and
demandable date has not yet come;
4. On February 14, 21, 28, and March 5, 2021, the defendant received
a Demand Letters from the Plaintiff, attached herein as Annexes
“2-5”.

ISSUES TO BE RESOLVED

I. Whether or not Plaintiff have the legal personality to file this case;

II. Whether or not Plaintiff have the right to collect the sum of money
to the defendant before due and demandable date.

III. Whether or not Defendant is entitled to actual, moral and

exemplary damages.

DOCUMENTARY EXHIBITS TO BE PRESENTED

Annex 1 - Contract of Loan between Carolina B. Garcia and

Diego M. Santos

2 to 5Demand Letters from the Plaintiff

Defendant reserves the right to present other documentary evidence as

may be deemed necessary during the marking of exhibits or during
submission of Position Paper.

WITNESSES TO BE PRESENTED

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 Defendant further reserve the right to present other witnesses as may
be deemed necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. Applicable provisions of the New Civil Code;

2. Revised Rules on Summary Procedure;
3. Applicable jurisprudence issued by the Supreme Court.

Respectfully submitted.

Iloilo City, 31 May 2021.

ZIA LAW OFFICE

Counsel for the Defendant
San Rafael, Mandurriao, Iloilo City
Telephone Number: 314-0092
E-mail Address: abzia_lawoffice@gmail.com

By:

ATTY. AXIE B. ZIA

Roll of Attorney No. 54321
IBP No. 9870; 01-07-2020; Iloilo City
PTR No. 0223; 02-03-2020; Iloilo City
MCLE Compliance No. 827191 2/12/21

NOTICE OF HEARING

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The Clerk of Court
Regional Trial Court Branch 24
Iloilo City

Please submit the foregoing Pre-Trial Brief upon receipt for

consideration of the Honorable Court in connection with preliminary
conference scheduled on 04 June 2021, 2:00 PM before the Honorable
Court.

Thank you.

AXIE B. ZIA

Copy furnished by registered mail:

Atty. Ar Jay N. Lukas

Counsel for the Plaintiff
Gallofin Law Office
Poblacion, Molo, Iloilo City
Received by: _____________
Date: ____________________

EXPLANATION AS TO MODE OF SERVICE

Pursuant to Section 11, Rule 13 of the Rules of Court, Plaintiff,
through undersigned counsel, manifests that copies of this Pre-Trial Brief
was made through registered mail on account of time and distance
constraints.

AXIE B. ZIA