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Republic of the Philippines

Regional Trial Court


National Capital Judicial Region
Branch 143
Muntinlupa City
CRUMBS Corp. represented by
President Noelle Gavino-Dungo,
Plaintiff
- versus -

Civil Case No. 1065


For: Damages under
Culpa Contractual

Flourida Inc. represented by


President Neville O. Longbottom,
Defendant.
x---------------------------------------------x
PRE-TRIAL BRIEF
PLAINTIFF, by counsel and to this Honorable Court,
respectfully submits this pre-trial brief in compliance with the trial
courts order dated September 10, 2015, containing the following:
1. Plaintiff is willing to enter into an amicable settlement of
the case, under the terms and conditions which are agreeable to
both parties. Plaintiff is willing to submit the technical issues for
resolution by technical experts.

1.1. 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.

2. Plaintiff admits the following facts:

2.1. The plaintiff admits that on 20 July 2015, plaintiff and


defendant entered into a SUPPLIER CONTRACT whereby the
defendant bound itself to deliver 100 sacks of cake flour every
Monday morning to the plaintiff for the price of PhP 1,000 per
sack;

2.2. That on 27 July 2015, defendant failed to comply with


its contractual obligation of supplying sacks of flour agreed upon
in the Contract of agreement;

2.3. Plaintiff claims that due to the failure of the defendant


to deliver the sacks of flour, plaintiff was not able to supply
breads and pastries for its long time client, WIZARDING WORLD
OF COFFEE, a well known coffee shop in Metro Manila which
consequently caused the latter to look for another supplier of
breads and pastries and sever its business arrangement with
plaintiff, as evidenced by the letter sent by WIZARDING WORLD
OF COFFEE to plaintiff;

2.4. That due to the severance of the business


arrangement between plaintiff and STARBUCOBEAN, the plaintiff
suffered business losses in the amount of PhP 2,000,000.00.

3. The issue which the plaintiff raise is as follow:

3.1. Plaintiff submits that the failure of the defendant to


comply with its contractual obligation of supplying the sacks of
flour to plaintiff was due to the defendants failure to exercise due
diligence in managing its business affairs, as evidenced by the
letter sent by the defendant to the plaintiff in response to the
plaintiffs complaint letter to the defendant;

4. Plaintiff intends to present the following documents, in


connection with which plaintiff requests from defendant their
admission of their execution and due authenticity:

4.1. Supplier Contract entered into by CRUMBS Corp. as


BUYER and Flourida Corp. as SUPPLIER on 20 July 2015
whereby the defendant bound itself to deliver 100 sacks of cake
flour every Monday morning to the plaintiff for the price of PhP
1,000 per sack marked as ANNEX A;

4.2. Letter from President Neville O. Longbottom


representing Flourida Corp. explaining its failure make delivery to
Crumbs Corp. marked as ANNEX B;

4.3. Letter from Lucius Malfoy, CEO of Wizarding World of


Coffee presented as evidence of proof of severance of
agreement with CRUMBS Corp. marked as ANNEX C.

5. Plaintiff manifests her intention to resort to discovery


procedures.

6. Plaintiff does not intend to amend his complaint.

7. Plaintiff intends to present the following witnesses, the


substance of which and the number of hours for each witnesses
are:
7.1. Mr. Peter Griffin, whose proposed testimony would
consist substantially as follows and would take about three (3)
hours to testify: that as the General Manager of CRUMBS Corp.,
it is one of his duties to control and supervise the production and
management of the corporation and to coordinate with buyers
and suppliers in accordance to all its existing contacts

7.2. Plaintiff CRUMBS Corp. represented by President


Noelle G. Dungo, who would testify as to the loss and damages
the corporation incurred as a consequence of defendants
negligence and breach of contract and would take her about two
(2) hours for such purpose.

WHEREFORE, plaintiff prays that the foregoing be taken


cognizance of.
Muntinlupa City, 17th of September 2015.

MARTIREZ UBANA FULLANTE LAW FIRM


Counsel for the Plaintiff
th
25 Floor CitiBank Towers,Valero St.
Makati City, Philippines
By:
ATTY. ALMA ALEXANDRA L. MARTIREZ
IBP No. 387150; 01/10/10-Manila
PTR No. 1234567; 01/10/10-Manila
Roll No. 29732: 05/05/05
MCLE No. I 001234; 09/09/14
MCLE No.II 005647; 09/09/14

Copy Furnished:
By Personal Service
Atty. Glenn Quagmire
Quagmire Law Office
Alabang Hills, Muntinlupa City