Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 12
Cebu City

LLMMO, Inc.,
Plaintiff,
Civil Case No. 03-082020
FOR: Breach of Contract,
Rescission, Damages and
Attorney’s Fees
-versus-

Big Entertainment Inc.,

Defendant.

X----------------------------------------X

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as

follows:
I. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1.1. Plaintiff seeks principally to recover the amount of Twenty-Five

Million Pesos (Php 25,000,000) arising allegedly from the paid
consideration of the Deed of Absolute Sale.

1.2. Defendant resists plaintiff’s claims because of its failure to

state a cause of action based on the following:
1.2.1. The document executed by the parties was not a Deed
of Sale but a Contract to Sell.

1.2.2. Under the Contract to Sell, the conditions for the

transfer of ownership were not met since as stipulated therein,
ownership transfers only upon full payment of the consideration and
plaintiff was not able to pay the balance of Five Million Pesos (Php
5,000,000).

1.3. Defendant also interposed a compulsory counterclaim for Five

Million Pesos (PHP 5,000,000.00) as payment of the balance of the
consideration of the Contract to Sell, Six Hundred Thousand Pesos (Php
600,000.00) as exemplary damages, One Hundred Thousand Pesos
(PHP100,000.00) as attorney’s fees and One Hundred Thousand Pesos
(PHP100,000.00) as cost of litigation.

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 II. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

2.1 Defendant admits only the facts stated in the Answer.

2.2 Subject to a concrete proposal for stipulation of additional facts

from plaintiff during pre-trial or even thereafter, defendant admits no other
facts stated in the Complaint.

III. ISSUES TO BE TRIED

Defendant submits the following issues, subject to proof:

3.1. Whether or not the transaction was an absolute contract of

sale.

3.2. Whether or not the consideration of the contract was fully

paid.
3.3. Whether or not the plaintiff has a cause of action against the
defendant.

IV. EVIDENCE

Defendant intends to present the testimonial evidence of the

following witnesses:

A. The testimony of Joseph Zobel, the purpose of which is to

prove that the Plaintiff, LLMMO, Inc. entered into a Contract
to Sell with the Defendant, Big Entertainment Inc.;

B. The testimony of Franchesca Ignacio, the purpose of which is

to prove that there was a certified board resolution to enter
into a contract to sell with the plaintiff, and to prove that the
post-dated check worth P5,000,000.00 issued by LMMOO,
Inc. was dishonored when presented to the bank;

C. The testimony of Bord Mendoza, the purpose of which is to

prove that the defendant Big Entertainment Inc. and plaintiff,
LLMMO Inc., entered into a Contract to Sell and not a Contract
of Sale with the Plaintiff as the sole vendee and with no other;

D. The testimony of Maria Empleyado, the purpose of which is to

prove that the plaintiff’s issued check payment to the
defendant worth five million pesos was dishonored by the
bank due to insufficient funds;

E. Defendant Corporation reserves their right to present any and

all documentary or object evidence which shall become
relevant to rebut the Plaintiff’s claims in the course of the trial

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 as well as any other witnesses whose testimony will become
relevant to belie the Plaintiff’s witnesses, if necessary.

Defendant will present documentary exhibits for marking during the

Preliminary Conference and Pre-Trial Conference:

A. Contract to Sell over the subject property executed between the

plaintiff and the defendant (ANNEX 1);

B. The dishonored check worth five million pesos (ANNEX 2);

C. The demand letter of the defendant to plaintiff demanding the five

million pesos unpaid amount of the consideration of the contract
(ANNEX 3).

D. The Secretary’s Certificate of Board Resolution No. 14-2020

(ANNEX 4).

E. Board Resolution on February 28, 2020 authorizing and directing

the President thereof, Mr. Joseph Zobel, to execute specifically a
Contract to Sell of the subject property with the Plaintiff (ANNEX 5).

V. RESORT TO DISCOVERY

Defendant reserves the right to avail of the modes of discovery

before trial.

VI. APPLICABLE LAWS AND JURISPRUDENCE

1. The pertinent provisions of the Civil Code of the Philippines;

2. Supreme Court decisions;

3. Other related procedural and substantive laws.

VII. POSSIBILITY OF AMICABLE 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 the defendant.

VIII. AVAILABLE TRIAL DATES

Subject to the availability of the plaintiff, the undersigned counsel

undertakes to make herself available on trial dates as may be agreed by
the parties with due notice and subject to the approval of the Honorable
Court.

October 20, 2020. Cebu City.

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Respectfully Submitted

RV LAW OFFICE
No. 13 First Street, M. Gov. Cuenco Ave.,
Banilad, Cebu City
Tel. No. (032) 520-3245

ATTY. NAIROBI MAPAGMAHAL

Roll No. 49976
IBP No. 1033723, November 14, 2019, (for 2020) Cebu Province
PTR No. 2254318, December 20, 2019, (for 2020) Cebu City
MCLE Compliance No. IV-0012397, November 14, 2019

Copy Furnished:

ATTY. ABU GADO

ABC Law Firm, Suite 456, 123 Street, Colon, City
PTR No. 1234567 1-23-2019 Cebu City
IBP No. 987654 1-23-2019 Cebu City
Roll No. 456789
MCLE Ex. No. 234-567890 1-13-2020
For 2nd compliance

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