Republic of the Philippines

7th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch 3, Mandaue City

JOSE MARI R. ZOSA,

Plaintiff,
Civil Case No. 7610
-versus-
For: Collection of Sum of
Money and Damages

JOSIE D. MIALA,
Defendant.
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PRE-TRIAL BRIEF
(for the Plaintiff)

COMES NOW PLAINTIFF, through the undersigned counsel, unto this

Honorable Court most respectfully files this pre-trial brief and states as follows:

I. THE PARTIES:
1. The plaintiff, JOSE MARI R. ZOSA, is of legal age, Filipino
Citizen, married, and with office address at Door 1, Zosa
Compound, Capitol Site, Cebu City;
2. Defendant, JOSIE D. MIALA, Filipino, of legal age, is currently
residing at Door 3, Ruelan Compound, at the back of Wefill Water
Refilling Station, A.S. Fortuna St., Bakilid, Mandaue City, Cebu.
She may be served summonses and other legal processes at this
address;

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II. WILLINGNESS TO ENTER INTO AN AMICABLE
SETTLEMENT
3. Plaintiff is open to settle this dispute amicably, subject to a
concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from defendants;
4. Likewise, Plaintiff herein is willing to submit the case to any of the
alternative modes of dispute resolution.

III. BRIEF STATEMENT OF CLAIMS

5. That sometime in July 2022, while Defendant was still working in the
office of the Plaintiff, Defendant persistently expressed her desire to
assume possession of the Plaintiff's motor vehicle, a Mitsubishi
Mirage G4 GLX1, registered under the Plaintiff's name and bearing
plate number GAV 2265.
6. That on August 4, 2022, after due consideration and out of the
Plaintiff's goodwill towards the Defendant, the parties entered into a
formal written agreement wherein the Defendant was granted the
lease of the Plaintiff's motor vehicle for a period of four (4) years,
commencing on July 5, 2022, and ending on July 4, 2026.
7. The agreement stipulated that the Defendant would pay monthly rents
in the amount of Thirteen Thousand Fifty-Two Pesos (Php 13,052.00),
Philippine Currency, every 5th of the month, and the Defendant was
instructed to deposit this amount directly into the Plaintiff's account at
PS Bank.
8. On September 21, 2022, the parties mutually agreed to an Amendment
Agreement which added the following provision:
xxx
“1. Item number 4: Monthly Installment payments” is
hereby added to the Original Agreement and shall
hereafter be read as follows:

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 In the event that Josie D. Miala would resign
from JRZ Outsourcing Services, she will deposit
a total amount of fifteen (15) months’ worth of
installment-payment or the total of 195,780.00
one-time deposit made to the bank account for
the car.
And in the event that the security deposit of 15
months cannot be made then the car shall be
surrendered immediately upon resignation or
separation from JRZ Outsourcing Services.”

2. This Amendment to Agreement amends and shall

constitute an integral part of the Original Agreement.
This Amendment to Agreement and the Original
Agreement must be read together and shall constitute as
one (1) agreement.

xxx

9. On February 8, 2023, the Defendant sent a resignation email to the

Plaintiff, announcing her immediate resignation from JRZ
Outsourcing Company.
10.Despite repeated demands by the Plaintiff, including phone calls and
text messages, the Defendant adamantly refuses to honor the terms of
their agreement.
11.In June 2023, the Defendant filed a labor case, scheduled for SEnA
(Single Entry Approach) conference on June 23, 2023. During the
conference, the Defendant manifested her intent to credit her last pay
and commission to her monthly rental obligation for the car, as per the
agreement between the parties.
12.The monthly rental agreed upon by the parties is distinctly separate
from the "one-time" deposit mentioned in the amendment agreement.
The agreement explicitly dictates that upon the Defendant's
resignation from JRZ Outsourcing Company, she shall pay a total
amount of One Hundred Ninety-Five Thousand Seven Hundred
Eighty Pesos (Php 195,780.00), Philippine Currency.

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 13.Despite the Plaintiff's tireless efforts to resolve the matter amicably,
no alternative exists except to seek the assistance of this honorable
Court. The Plaintiff has been severely disadvantaged due to the
Defendant's willful failure to uphold their agreements. As of the
present, the Defendant continues to enjoy the use of the Plaintiff's car
without any intention of fulfilling her financial obligations or
returning the car.

IV. SUMMARY OF ADMITTED FACTS

14. Plaintiff admits the personal circumstances of the parties as stated
in the complaint and answer.
15. Plaintiff further admits the facts stated in his complaint only.

V. PROPOSED STIPULATION OF FACTS

1. Will the defendant admit that she owns the email address
“eissoj8888@gmail.com” under the name SCARLET RED?
2. Will the defendant admit that she was working for JRZ
Outsourcing Services, managed by the plaintiff herein?
3. Will the defendant admit that the registered owner of the vehicle
with plate number GAV 2265 is the plaintiff herein?
4. Will the defendant admit that she and the plaintiff entered into an
agreement on August 4, 2022 involving the vehicle owned by the
latter?
5. Will the defendant admit that in the said agreement, she and the
plaintiff agreed that she will lease the vehicle for four (4) years,
starting July 2, 2022 up to July 4, 2026?
6. Will the defendant admit that one of the stipulations in the said
agreement is for her to pay the amount of Php13,052.00 every 5 th
of the month and may directly deposit the said amunt to PS Bank
under the account name of the lessor?

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 7. Will the defendant admit that she and the plaintiff have signed a
document titled “Amendment to Agreement” on September 21,
2022?
8. Will the defendant admit that in the September 21, 2022 document,
there is a stipulation that states that:
xxx
“1. Item number 4: Monthly Installment payments” is
hereby added to the Original Agreement and shall
hereafter be read as follows:

In the event that Josie D. Miala would resign

from JRZ Outsourcing Services, she will
deposit a total amount of fifteen (15)
months’ worth of installment-payment or the
total of 195,780.00 one-time deposit made to
the bank account for the car.

And in the event that the security deposit of

15 months cannot be made then the car shall
be surrendered immediately upon
resignation or separation from JRZ
Outsourcing Services.”

2. This Amendment to Agreement amends and shall

constitute an integral part of the Original Agreement.
This Amendment to Agreement and the Original
Agreement must be read together and shall constitute
as one (1) agreement.

xxx
9. Will the defendant admit that she submitted her immediate
resignation, through email, on February 8, 2023?
10. Will the defendant admit that after her resignation from JRZ
Outsurcing Services, she did not deposit the amount agreed in the
“Amendment to Agreement” dated September 21, 2022?
11. Will the defendant admit that she did not return the subject vehicle
to the plaintiff until now?
12. Will the defendant admit that she received demands, through call
and short messages, to return the car from the plaintiff?

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 13. Will the defendant admit that she is not paying the monthly rental
of the car amounting to Php13,052.00 every 5 th of the month since
she tendered her resignation?
14. Will the defendant admit that she is benefitting from the usage of
the vehicle at the expense of the plaintiff?

VI. ISSUES TO BE TRIED

1. Whether or not the defendant is liable to pay the plaintiff rental
fees as stipulated in the agreement dated August 22, 2022.
2. Whether or not the defendant is liable to pay one time deposit
amounting to Php 195,780.00 as stipulated in the “Amendment to
Agreement” dated September 21, 2022.
3. Whether or not the defendant is required to return the possession of
the vehicle to the plaintiff in the condition when she first got the
possession of it.
4. Whether or not the defendant is liable to pay the plaintiff damages
claimed by the latter.

VII. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

 Exhibit A : Complaint.
 Exhibit A-1: The signature in the verification portion.
 Purpose: To prove the allegations stated therein.

 Exhibit B : Order, dated October 3, 2023, by the Honorable

MUNICIPAL TRIAL COURT IN CITIES, Branch 3, of Mandaue
City.
 Purpose: To prove that the plaintiff complied the Order
stated therein.

 Exhibit C: Agreement between the parties dated August 4, 2022.

 Exhibit C-1: Signature of the Lessor (Plaintiff herein).
 Exhibit C-2: Signature of the Lessee (Defendant herein).
 Exhibit C-3: Acknowledgment
 Purpose: To prove that the parties herein have entered into
an agreement involving the usage of the vehicle registered
under the name of the plaintiff.

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  Exhibit D: Amendment to Agreement between the parties dated
September 21, 2022.
 Exhibit D-1: Signature of the First Party (Plaintiff herein).
 Exhibit D-2: Signature of the Second Party (Defendant herein).
 Exhibit D-3: Acknowledgment
 Purpose: To prove that the parties herein have signed an
“Amendment to Agreement” adding amendment to the
original agreement dated August 4, 2022.

 Exhibit E: Resignation Letter of certain Josie with email address

“eissoj8888@gmail.com” addressed to “jaysoza5@gmail.com.”
 Exhibit E-1: Sender’s email address.
 Exhibit E-2: Recipient’s email address.
 Purpose: To prove that the defendant tendered her
resignation on the date indicated in the email.

 Exhibit F: Printout of a short message communication.

 Exhibit F-1: The name of the recipient “Josie Miala”
 Purpose: To prove that the plaintiff sent demand to the
defendant through short message communication.

 Exhibit G: Minutes of SeNA meeting between the parties dated

June 13, 2023.
 Purpose: To prove that the parties have met and discussed
for possible resolution of the issue out-of-Court.

The plaintiff reserves his right to present other documents not herein
listed as may be deemed necessary.

VIII. WITNESSES TO BE PRESENTED

1. The plaintiff himself – to testify regarding the unlawful continued

possession by the defendants of the subject property.

2. Febrian L. Talledo – To corroborate the testimony of the plaintiff

and to other matters relevant to this case.

3. Plaintiff reserves the right to present other witnesses not herein

enumerated as deemed necessary.

IX. AVAILABLE TRIAL DATES

The plaintiff would depend on the dates agreed upon during the pre-trial.

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 Respectfully submitted.
January 21, 2024. Cebu City (For Mandaue City, Cebu) Philippines.

BERONGOY & MONTECLAR Law Firm

Room 300-D, 3rd Floor GMC Plaza Bldg.,
M.J. Cuenco Avenue corner Legazpi Extension
Cebu City
www.BMLawFirm.Net
Tel. No. 0917 1102 075
berongoy.monteclar@gmail.com and
berongoymonteclar@bmlawfirm.net

ATTY. EZEM M.G. MONTECLAR JR

Roll No. 66819
IBP No. 371034, 12/21/2023 (for 2024), Cebu
PTR No. 2489268, 12/20/2023 (for 2024), Cebu City
MCLE Compliance No. VII-0009987 valid until April 14, 2025
Email Add: ezem.m.g.monteclar@gmail.com and
ezem.m.g.monteclar@bmlawfirm.net

Copy furnished:

ATTY. RICHARD R. BAUZON

REDULLA SANCHEZ MONTEALEGERE
BAUZON BRAGAT & DANLAG-LUIG LAW
OFFICES
Suites 301-304 C&F Ramirez Bldg. II
S.B. Cabahug St., Centro Mandaue City

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