Republic of the Philippines

Muncipal Circuit Trial Court

Catarman Lope de Vega
10th Judicial District
Catarman, Northern Samar
PIMPY CARDENAS
Plaintiff,

Civil Case No. C - 0917

FOR: DAMAGES, with
Attorneys Fee

-versusTOTY ILO-ILO
Defendants.
X------------------X

PRE TRIAL BRIEF

PLAINTIFF, through counsel and unto this Honorable Court respectfully
submits herein Pre-Trial Brief declaring the following:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND
POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Plaintiff is open to settling this dispute amicably, subject to a
concrete proposal that is fair and reasonable and a reciprocal manifestation of
openness from defendant,
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, Plaintiff
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.
1.3. Plaintiff is willing to submit itself to mediation and other alternative
modes of dispute resolution.
II. BRIEF STATEMENT OF THE CASE AND CLAIMS OF THE PARTIES
2.1. This is a case for actual damages in the amount of Fifty Five
Thousand (P55,000.00) Pesos for injuries sustained by the Plaintiff by the acts
of the dog of the Defendant which caused the death of the dog of the Plaintiff.
2.2. The Defendant raises as defense that the whole incident was
concocted.
III. STIPULATION FACTS AND OTHER MATTERS ADMITTED BY THE
PARTIES
3.1. The following facts are admitted:
3.1.1. Personal Circumstances of the Parties;
3.1.2. Ownership of the pitbull dog by the Defendant;
3.1.3. Death of the shih tzu dog of the Plaintiff.

3.2. As proposed stipulation of facts, Plaintiff request the Defendant to

admit the following facts:
3.2.1. That the Defendants dog escaped or broke loose from its
chain.
3.2.2. That the Defendants dog mated with the Plaintiffs dog.
IV. ISSUES
4.1. Plaintiff respectfully submits that the issues on this case are:
4.1.1. Whether or not the proximate cause of the death of
Plaintiffs dog was the acts of Defendants dog.
4.1.2. Whether or not the Defendant is liable for damages for the
injuries sustained by the Plaintiff.
V. DOCUMENTS TO BE MARKED AND PRESENTED
5.1. Plaintiff will present the following documents as evidences:
5.1.1. Exhibit A - Certificate issued by Philippine Canine
Authority
5.1.2. Exhibit B - Certificate of Registration issued by Phil. Dog
Lovers Assoc.
5.1.3. Exhibit C - Vouchers
VI. WITNESSES TO BE PRESENTED
Plaintiff will present the following three (3) witnesses:
Plaintiff herself- to testify on the materials allegations, causes of action,
and claims as set forth in the Complaint;
Maria Borja- to corroborate the testimony of the Plaintiff on its material
points and to testify that the Defendants dog entered the Plaintiffs premises;
Jay Bayo- to corroborate the testimony of the Plaintiff on its material
points and to testify that Defendants dog escaped from its chains;
Plaintiff expressly reserves the right to present such additional witnesses
and other exhibits and evidence as the exigencies of the trial may require.
VII. RESORT TO DISCOVERY
7.1. Considering the relatively simple issues presented, plaintiff does
not intend to avail of discovery at this time;
7.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to discovery
before trial.

VIII. TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trial
conference to dates most convenient to this Honorable Court and to all the
parties.
RESPECTFULLY SUBMITTED.
Catarman, Northern Samar
July 11, 2014
TMG & Associates Law Offices
Counsel for the Plaintiff
Ground Flr. MAHABAGIN-EXPO Bldg
Sanga Cor. Puno St., Brgy. Bolho
Catarman, Northern Samar
By:

Atty. Alexander F. Opea

PTR 369981164, N. Samar Prov.
IBP No. 56556, lifetime member
Roll No. 59999
MCLE Compliance No. II 01-23455
Copy Furnished:
Atty. Iloisa C. Collamar
Counsel for Defendant
Argen Uy Bldg., Sta. Clare St.
Brgy. Santol, Catarman N. Samar