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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


FIRST JUDICIAL REGION
BRANCH 14, Laoag City
JUAN PAULO ICALIA,
Plaintiff,
Civil Case No. 11
223
for
ve
Specific Perform
rs
ance with Damag
us
es.
ANGELICA LUISA AGUINALDO,
Defendant.
x-------------------------------------------------x

PRE-TRIAL ORDER
When this case was called for pretrial, Atty. Luis Tugas appeared for the plai
ntiff, and
Atty. Bernard Manrique appeared for the
defendant. The plaintiff Juan Paulo Icalia
and the
defendant Angelica Luisa Aguinaldo were al
so in court.
POSSIBILITY OF AMICABLE SETTL
EMENT
During the pre-trial, there was no a
greement between the parties as to the pos
sibility of
amicable settlement of the case.
1.
2.

STIPULATION OF FACTS BETWEEN THE


PARTIES
The plaintiff, through his counsel a
nd the defendant, through her counsel stipu
lated on
the following that:
That the parties have the capacity to sue and b
1. e sued;
2. That the plaintiff is the owner of the subject ve
hicle particularly described in the complaint;

ISSUES TO BE TRIED OR RESOLVED


The plaintiff would like the following issues to be resol
ved:
Whether or not the remaining balance of the
purchase price has been paid.
Whether or not the defendant failed to com
ply with the conditions in the Deed of Condition
al
Sale.
3. Whether or not the defendant is liable to retu
rn the subject vehicle and to pay Php 10,000.00
as damages.

On the other hand, the defendant would like the


following issues to be resolved:
Whether or not there exists a Deed of Conditi
1. onal Sale between the parties, which is the
basis of this complaint.
2. Whether or not such Deed of Conditional Sal
3. e is simulated and fictitious.
Assuming for the sake of argument that indee
d there is a Deed of Conditional Sale,
a. Whether or not such deed is voidable because
of the mistake in the object of the
contract.
b. Whether or not said contract should be upheld
when the object thereof has been lost
due to fortuitous events.

EXHIBITS MARKED AS DOCUMENTS


The plaintiff marked the following exhibits:

1. Exhibit A

Certificate of Registration issued on August 8, 2003 by the Chief Officer of


the Land Transportation Office.
2. Exhibit B Deed of Conditional Sale executed by the plaintiff and the defendant.
3.
Exhibit C Acknowledgment Receipt.
4.
Exhibit D Acknowledgment Receipt.
And the plaintiff reserves his right to mark other documentary exhibits which are not yet
available if the need arises.
The defendant marked the following exhibits:
1. Exhibit A
2. Exhibit B
3. Exhibit C

Sample signature of defendant.


Police blotter regarding the lightning incident that struck the car described in
the complaint.
Affidavit of defendant stating that no contract was ever perfected between
him and the plaintiff and that no such contract was attached to said
complaint.

WITNESSES TO BE PRESENTED
The plaintiff will present the following witnesses:
1) Juan Paulo Icalia;
2) Anton Jose;
3) Paolo Juan;
The plaintiff reserves his right to present two (2) more witnesses.

The defendant will present the following witnesses:


1) The defendant himself, Angelica Luisa Aguinaldo;
2) The defendants officemate, Mich James;
3) The Court Sheriff, Julie Pante;
4) Junas Media;
The defendant reserves the right to present other witnesses not herein enumerated as deemed
necessary.

DATE OF HEARING
of December 2011 in t
Both parties agreed on the trial date to be held on the 5 th day
he
afternoon and shall present their witnesses also on the same date. The parties are hereby directed
to go over the Pre-Trial Order. Should they find any error therein as maybe supported by the
Transcript of Stenographic Notes, they should call the attention of the Court before the start of
the trial. Thereafter, no correction to the order shall be allowed.
This __ day of December, 2011 at Laoag City, Philippines.

RICHARD B. BALUCIO
Judge
Copy furnished:
1.
Atty. Luis Tugas
Brgy.5 Ablan Ave., Laoag City
2.
Atty. Bernard Manrique
Brgy. 23, San Matias, Laoag Cit y