REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7TH JUDICIAL REGION
BRANCH 1
MANDAUE CITY
ROBERT VILLANUEVA PEREZ
Plaintiff,

CIVIL CASE NO :7097

- versus -

FOR : DAMAGES FOR DAMAGE

TO PROPERTY, MORAL
DAMAGES AND ATTORNEYS,
FEES

MARK ANTHONY RETIZA NOYNAY

and NORMAN LIM
Defendants.
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PRE-TRIAL BRIEF
COMES NOW, plaintiff, ROBERT VILLANUEVA PEREZ, by counsel,
and unto this Honorable Court, most respectfully submits this Pre-Trial Brief as
set forth hereunder :
A. POSSIBILITY OF AMICABLE SETTLEMENT
a. The plaintiff is open to the possibility of an amicable settlement under
terms and conditions acceptable to all the parties concerned.
B. ADMISSIONS
The following facts are admitted :
a. The personal circumstances of the defendants ;
b. Defendant Norman Lim is the registered owner of Remora Taxi with
Plate No. GXD-480.
c. Defendant Mark Anthony Retiza is the driver or Remora Taxi with Plate
No. GXD-480.
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C. PROPOSED STIPULATIONS FOR ADMISSION

The following stipulations are proposed to the defendants for admission :
a. That the plaintiff is renting to own a utility vehicle bearing Plate Number
GWV-724 owned and registered under the name of Julita Borbajo and is
therefore a real party-in-interest.
b. That defendant Mark Anthony Retiza Noynay, while driving Remora Taxi
with Plate No. GXD-480, had fallen asleep as a result thereof his taxi
driven causes to swerve and sideswipe the vehicle driven by the plaintiff
causing damage thereto.
c. That Defendant Norman Lim has promised to pay to the plaintiff all the
damages caused by his driver defendant Mark Anthony Retiza Noynay
but however, have really no intention of paying the same despite repeated
demands made by the plaintiff.
D. DOCUMENTARY EXHIBITS TO BE PRESENTED
a. Traffic Police Blotter Certification.
Purpose : To prove that defendant Mark Anthony Retiza Noynay had fallen asleep
while driving a Remora Taxi bearing Plate No. GXD-480 and as a result it swerved
and sideswiped to the vehicle driven by the plaintiff causing damage thereto.
b. Road Traffic Accident Sketch.
Purpose : To prove the area of impact
c. Autoshop Repair Quotation made by Nilson Pejana.
Purpose : To prove the expenses spent by the plaintiff for the repair of the damage
utility vehicle.
d. Contract of Agreement
Purpose : To prove the fact that plaintiff is renting to own the utility vehicle owned
by Julita Borbajo.
e. Demand Letter
Purpose : To prove that the plaintiff has formally demanded to defendant Norman
Lim for the payment of the repair and reimbursement for the loss of income.

Plaintiff hereby manifests that he is reserving presentation of other

documentary exhibits that may prove to be relevant and material to his claims in
the course of the pre-trial proceedings in this case.
E. ISSUES TO BE TRIED OR RESOLVED
1. Whether or not defendants are liable for the payment of damages for
damage to property.
2. Whether or not plaintiff is entitled to moral damages.
3. Whether or not plaintiff is entitled to Attorneys Fees.
F. DISCOVERY PROCEDURES/REFERRAL TO COMMISSIONERS
Plaintiff hereby manifest that he is not availing of discovery procedures or
referral to commissioners.
G. WITNESSES TO BE PRESENTED
1. Robert Villanueva Perez
Purpose : To testify on the material allegations in the complaint.
2. Julita Borbajo
Purpose : To testify the existence of an agreement with the plaintiff pertaining to
the rent to own transaction of the utility vehicle.
3. Nilson Pejana
Purpose : To testify the expenses incurred by the plaintiff for the repair of the
damage vehicle.
Plaintiff hereby manifests that he is reserving his right to present other
witness which will be found to be necessary and indispensable with prior approval
of this Honorable Court.
Cebu City, November 04, 2015.
RESPECTFULLY SUBMITTED.
LOON CORPUZ PATIO & ASSOCIATES
Counsel for the Plaintiff
G/F GMC Plaza Bldg. Legaspi Extension
Corner M.J. Cuenco Avenue 6000 Cebu City
(032) 254 0453
By :
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ATTY. JURIL B. PATIO

Roll of Attorney No. 63966 April 27,2015
PTR OR No. 707854 5-06-15
IBP OR No. 0997508 4-27-15 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: juril.patino@yahoo.com

Copy furnished :
ATTY. JOSE J. LIM
Counsel for the Defendants
Rabaya St., Nonoc, Tabunoc
Talisay City

EXPLANATION
The service of the foregoing Pre-Trial Brief upon the Defendants through
consel is made through registered mail by reason of the distance of the office and
current lack of office personnel to effect personal service.

JURIL BROKA PATIO

Registry Reciept No: ______________

Date : __________________________