Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 15
Zamboanga City
SAM SUNG,

CIVIL CASE NO.

Plaintiff,
-versus-

-for-

GAL AXY

SPECIFIC PERFORMANCE
WITH DAMAGES

Defendant.
x----------------------x

PRE-TRIAL BRIEF
COMES NOW Plaintiff, by counsel, respectfully submits his Pre-Trial Brief,
as follows:
I. BRIEF STATEMENT OF CLAIMS AND DEFENSES AND WILLINGNESS TO ENTER
INTO AN AMICABLE SETTLEMENT/COMPROMISE

This is an action for Specific Performance with Damages under the applicable provisions
of Articles 1165, 1167, 1170 and 1315 of the New Civil Code.

1.1

Plaintiff alleges in his Complaint, viz: a) that the defendant offered to sell his
car; b) that the plaintiff has agreed to buy it for value; c) that such agreement
was reduced in writing ; d) but the delivery of such object has
not been effected; e) as a result of such frustration, the plaintiff
has incurred damages.

1.2

The relief prayed for is the consummation of the sale by

compelling the Defendant to deliver the object and accept payment, and
to recover damages amounting to TWO-HUNDRED SIXTY-FIVE THOUSAND
PESOS(P265, 000.00) more or less.

1.3

The Plaintiff is willing to enter into an amicable settlement with the

Defendant according to the following terms:
a.)That Defendant shall deliver the car, Honda Jazz 2011 model, to
Plaintiff;
b.)That Plaintiff shall pay the whole amount of the agreed price
upon such delivery;
c.)That Plaintiff shall waive all other claims for damages, except
for actual damages;

II. PROPOSED FACTS

2.1 That the defendant is the owner of the car;

2.2 That the defendant is the owner and user of the facebook account;
2.3 That the defendant is the owner of the phone number;
2.4 That the Defendant is acquainted with Sam Maybe and Piolo Pascua.

III. ISSUES TO BE TRIED

3.1. Plaintiff submits that the following issues are subject to proof:
3.1.1. Defendants identity;
3.1.2 Defendants ownership of the car;
3.1.3 Contract between the Plaintiff and Defendant;

3.1.4 Entitlement of delivery and damages;

IV. EVIDENCE

4.1. Plaintiff intends to present the following documentary evidences:

4.1.1 Plane fare ticket and boarding pass with official receipts - - - - - Annex A;
4.1.2 Official Receipt of the Grand Hotel - - - - - Annex B;
4.1.3 Official Receipt of the different Taxis - - - - - Annex C;
4.1.4 Official receipt of the law firm and engagement contract - - - - - Annex D;
4.1.5 Facebook communications - - - - - Annex E;
4.1.6 Notarized contract of sale - - - - - Annex F;
4.1.7 Judicial Affidavit of Sam Maybe - - - - - Annex G;
4.1.8 Judicial Affidavit of Piolo Pascua - - - - - Annex H;
4.1.9 Judicial Affidavit of Sam Sung - - - - - Annex I;
4.1.10 Judicial Affidavit of Fez Buok - - - - - Annex J.

4.2. Plaintiff reserves the right to submit any and all documentary evidence, which shall
become relevant to rebut defendants claims in the course of trial as well as any other witnesses
whose testimony will become relevant to belie defendants witnesses, if necessary and subject to
the rules of court.

V. RESORT TO DISCOVERY

5.1. The Plaintiff intends to avail the mode of discovery under Rule 27 of the Rules of
Court, for the production of the following:
a.) Registration of the Car from the Land Transportation Office of Cagayan de
Oro City;
b.)

Registration

of the

Defendants phone number

from the

Globe

Telecommunications Office in Cagayan de Oro City.

VI. WITNESSES
6.1 Plaintiff intends to present the following witnesses and their respective testimonies:
6.1.1 Sam Sung will testify on the events that transpired from the initial offer to
sell up to its frustration and the subsequent damages he has incurred;
6.1.2 Sam Maybe will testify as a witness to the written contract of sale and the
identity of the parties;
6.1.3 Piolo Pascua will testify as a witness to the written contract of sale and the
identity of the parties;
6.1.4 Fez Buok will testify as a witness/facilitator to the written contract of sale
and its notarization, and the identity of the parties.

VII. AVAILABLE TRIAL DATES

February 20, 24 and 27 of 2015; and March 3, 6, 10, 13, 24, 27 and 31 of 2015

RESPECTFULLY SUBMITTED.
By:
FEZ BUOK
IBP # XXXXXXXXXX Zamboanga City
PTR # XXXXXXXXXXX Zamboanga City

ROA 30724
MCLE Compliance No. II 01-23455
Copy Furnished:
By Personal Service
Atty. _______________________