REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 1, GOTHAM CITY

VICKY VALE,
Plaintiff,

- versus - Civil Case No. __________

For: SUM OF MONEY
WITH DAMAGES

BRUCE WAYNE and/or

WAYNE ENTERPRISES
DEVELOPMENT
CORPORATION.
Defendants.
x------------------------------------------x

PRE-TRIAL BRIEF

DEFENDANTS, Bruce Wayne and Wayne Enterprises Development

Corporation, through the undersigned counsel, and in compliance with
Section 6, Rule 18 of the Rules of Court, respectfully submit this Pre-Trial
Brief.

I.
POSSIBILITY OF AMICABLE SETTLEMENT
OR SUBMISSION TO ALTERNATIVE MODES
OF DISPUTE RESOLUTION

Defendants respectfully manifest that, without waving any of their

claims and defenses, they are open to explore any reasonable proposal for

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amicable settlement, within legal bounds, from Plaintiff Vicky Vale, or to
submit to alternative modes of dispute resolution.

II.
SUMMARY OF ADMITTED FACTS AND
PROPOSED STIPULATION OF FACTS

A. SUMMARY OF EXPRESSLY ADMITTED FACTS

1. Plaintiff Vicky Vale is of legal age, Filipino married, with postal

address at No. 178 Viscaya Street, Gotham City and is engaged and
doing business under the name VV Trading, a single proprietorship
owned by the Plaintiff, engaged in merchandising and selling of
construction materials.1

2. Defendant Bruce Wayne is also of legal, Filipino, married, with office

address at Bat Cave Building, No. 1 Freeze Street, Gotham City, while
the other Defendant Wayne Enterprises Development Corporation
(WEDC), is a domestic corporation organized and formed under the
laws of the Philippines and with the same address as above stated.
Defendant Velasco is a duly authorized representative of WEDC.2

3. Defendant WEDC, represented by Defendant Velasco, is one of the

clients of Plaintiff Ilagan. He orders and causes to deliver
construction materials in favor of WEDC.3

4. Plaintiff sent demand letters dated 3 April 2017 4, duly received by

the Defendants, asking the latter parties to pay their remaining
obligations allegedly amounting to Six Hundred Ninety Thousand Six
Hundred Forty Three Pesos and 80/100 (PhP690,643.80).5

B. PROPOSED STIPULATION OF FACTS

1
Complaint, par. 1, p.1., par. 3, p.2; Joint Answer, par. 1., p.1.
2
Complaint, par. 2, pp.1 to 2; Joint Answer, par. 1, p.1.
3
Complaint, par. 3, p.2.; Joint Answer, par.1, p.1.
4
See Annexes “G” and “H” of the Complaint.
5
Complaint, par. 7, p.3; Joint Answer, par. 4, p.2.

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 1. The Defendants engaged in business with the Plaintiff to supply
construction materials. However, all of the materials ordered and
delivered to the Defendants were duly paid in full. Upon thorough
checking and verification with the records of the company, the
purchase orders on various construction materials referred to in the
Complaint by the Plaintiff are non-existent. Prior to the issuance of
any invoice or receipt, it is part of the standard practice of the
Defendants whenever it is in need of certain construction materials,
to place an order thru a duly accomplished purchase order, which is
then sent to the Plaintiff for confirmation. Absence of these purchase
orders simply mean that an order was never made for the
construction materials the Plaintiff alleges in the Complaint. 6

2. All the sales invoices7 used by the Plaintiff as basis for her demand to
the Defendants to pay the amount of Six Hundred Ninety Thousand
Six Hundred Forty Three Pesos and 80/100 (PhP690,643.80) were in
fact never received by the Defendants. This can be seen in the
attachments themselves as they are all unsigned by the latter, nor by
any of their duly authorized representatives. The only conclusion
that can be made is that the documents were manufactured and/or
falsified to make it appear that the Defendants have unsettled debts
with the Plaintiff, and that the demand to pay was made merely to
harass the former.8

III.
STATEMENT OF THE ISSUES

Defendants respectfully propose that the following issues be resolved

by this Honorable Court:

1. Whether or not an obligation to pay the Plaintiff does in fact exist.

2. Whether or not the basis of the claim of the Plaintiff for collection are
fake, forged or manufactured.
6
Joint Answer, par. 7, pp.2 to 3.
7
See Annexes “B”, “C’, “D”, “E” and “F’ of the Complaint.
8
Joint Answer, par. 8, p.3.

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 3. Whether or not the cause of action of the subject Complaint is inexistent
and therefore dismissible.

IV.
DOCUMENTARY EVIDENCE

Defendants will present the following documentary evidence, for the

following purposes:

EXHIBIT DESCRIPTION
1 Various Purchase Orders dated
between October 2015 to
February 2016

PURPOSE/S

To prove, among others, the following:

1. That all the actual orders for construction materials made by the
Defendants were duly and properly accounted for.

2. Other relevant matters in support of the Defendants’ claims and

defenses.

EXHIBIT DESCRIPTION
2 Various Receipts of Payment
issued by the Plaintiff

PURPOSE/S

To prove, among others, the following:

1. That the orders for construction materials indicated in all the Purchase
Orders in Exhibit 1 were all paid.

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2. Other relevant matters in support of the Defendants’ claims and
defenses.

EXHIBIT DESCRIPTION
3 Judicial Affidavit of Bruce Wayne

PURPOSE/S

To prove, among others, the following:

1. That he was duly authorized by Defendant WEDC to transact business

with Plaintiff Ilagan.

2. That he has knowledge of all purchase orders made to the Plaintiff.

3. That he has no knowledge of any existing debt or obligation to pay the

Plaintiff as stated in the latter’s Complaint.

4. Other relevant matters in support of the Defendants’ claims and

defenses.

V.
AVAILMENT OF DISCOVERY PROCEDURES

Defendants respectfully reserve the right to avail of the various modes

of discovery including, but not limited to, the taking of depositions, service of
written interrogatories, production of documents or things, requests for
admissions, and/or referral to commissioners, as the exigencies of trial may
require.

VI.
WITNESSES AND ABSTRACTS OF THEIR TESTIMONIES

Defendants will present the following witnesses:

MR. BRUCE WAYNE Said witness will testify, among others:

1. To support his allegations in his

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 Judicial Affidavit;
2. To identify and authenticate the
documents attached to his Judicial
Affidavit; and,
3. For other relevant matters in
support of the Defendants’ claims
and defenses.

VII.
RESERVATION

Defendants respectfully reserve the right to present the other witnesses,

documents or evidence in addition to, or in substitution of, those mentioned
above and/or for purposes in addition to, or in substitution of, those
mentioned should a need therefor arise; and/or propose other issues as the
exigencies of trial may demand; and/or rely on such other laws and
jurisprudence as may be necessary to prove its cause.

VIII.
AVAILABLE TRIAL DATES

For practical reasons, i.e. lack of knowledge of the calendar/schedule of

this Honorable Court, as well as the schedule for counsel for Plaintiff,
Defendants respectfully request that the trial dates be agreed upon in open
court during the preliminary conference and/or during the course of trial, as
necessary, subject always to the calendar of this Honorable Court.

RESPECTFULLY SUBMITTED.

Central City for Gotham City, 9 February 2018.

GRAYSON LAW

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 Counsel for Defendants
Suite 123 JLA Building
Wonder Road, Central City
Office No.: (632) 1234567
By:

DICK GRAYSON
IBP No.
PTR No.
Roll of Attorney’s Number
MCLE No.
E-mail address:

COPY FURNISHED:

VICKY VALE
Plaintiff
No. 178 Viscaya Street,
Gotham City

CERTIFICATION/ EXPLANATION ON MODE OF SERVICE

Plaintiffs, through the undersigned counsel, hereby states and manifests

that:

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 1. The service of the foregoing Pre-Trial Brief upon the party was
made by registered mail due to time constraints and the heavy delivery
schedule of the firm’s messengerial personnel.

2. This Certification/ Explanation is being made in compliance with

Section 11, Rule 13 of the 1997 Rules of Civil Procedure.

CLARENCE S. SANTOS