Republic of the Philippines )

City of Manila ) S.S

FRANCIS VICTOR B. PENALOSA,

Plaintiff,

-versus- I. S. No. 0101-2323-

1314

BOA HANCOCK For: Collection

of a
Sum of Money
Defendant.
x---------------------------------------x

PRE-TRIAL BRIEF FOR THE COMPLAINANT

Complainant, by counsel, and unto this Honorable Court, respectfully

submits his Pre-trial brief in compliance with this Honorable Courts Order
dated 20 March 2011, and states that:

POSSIBILTY OF AMICABLE SETTLEMENT AND SUBMISSION TO

ALTERNATIVE MODES OF DISPUTE RESOLUTION

1.1 Francis Victor B. Penalosa respectfully manifests, without

admitting liability or waiving any of his rights or defenses, that he is open to
any reasonable proposal for amicable settlement from Boa Hancock or
referral of the case to alternative modes of dispute resolution, including
mediation and or judicial dispute resolution.

SUMMARY OF ADMITED AND UNDISPUTED FACTS

2. 1. On 15 February 2011, Defendant came in to Plaintiffs You

Rent My Car shop to rent Plaintiffs Ford E150 with plate number XYZ 123
and that she be allowed to pay the rental fee of P20, 000 in installment.

2.2. Since Defendant is a valued customer, in his kindness,

Plaintiff agreed with the said condition and in that same day, Defendant paid
P10, 000 as a down payment.

2.3. On 18 February 2011, Defendant returned the said vehicle

and further asked that she be allowed to pay the remaining balance of P10,
000 on 20 February 2011.

1
 2.4. In his kindness, and still considering that Defendant is a
valued customer, Plaintiff agreed but notified the Defendant that it will be
the last time that he will allow it because if other customers will learn about
it, it may result to the fall of Plaintiffs business.

2.5. But on 20 February 2011, Defendant did not come to

Plaintiffs shop to pay the remaining balance, contrary from what she
promised.

2.6. Plaintiff, through his counsel then instituted a Demand letter

to compel the Defendant to pay the P10, 000 balances.

2.7. However, Defendant claims that she paid the said amount to
Plaintiffs secretary and further claims that Plaintiff was not around in his
shop on the said day of 20 February 2011, and that she did not receive any
Demand letter coming from Plaintiff. Plaintiff claims otherwise as stipulated
in the foregoing, hence this instant case.

PROPOSED STIPULATION OF FACTS WITH REQUEST FOR ADMISSION

3.1. That Plaintiff is engaged with a rent a car business and never
allowed his customers to pay the rental fees in installment;

3.2. That Plaintiff allowed the Defendant to pay in installment

because of his kindness and that it is the first time that Defendant made a
special request as loyal customer from the Plaintiff.

3.3. That Plaintiff in his kindness agreed that the Defendant will
pay the remaining P10, 000 on the date when Defendant returns the rented
vehicle.

3.4. That Plaintiff, upon the return of the vehicle, still agreed, but
with warning, that the Defendant will pay the remaining amount on 20
February 2011

3.5. That on 20 February 2011, Defendant failed to appear and

pay the remaining amount on the agreed date.

3.6. That on 22 February 2011, Plaintiff through counsel

instituted delivered a demand letter to the Defendant.

STATEMENT OF FACTUAL AND LEGAL ISSUE

4.1. Whether or not there was a stipulation of interest charges at

the time the Plaintiff granted the plea of Defendant to pay in installment.

DOCUMENTARY EVIDENCE

5.1. Exhibit A A machine copy of the receipt issued by Plaintiff

to Defendant upon her payment of the first P10, 000 as a down payment.

This is to prove that Defendant only made an initial

payment of P10, 000.

2
 5.2. Exhibit B A machine copy of Plaintiffs business permit
and certification from the City of Manila.

This is to prove that Plaintiff is indeed engaged in a rent a

car business which is duly registered.

5.3, Exhibit C An Affidavit instituted by and duly sworn by

Plaintiffs secretary.

This is to prove that Defendant did not pay the remaining

amount on 20 February 2011.

5.4. Exhibit D A machine copy of the Demand letter by

Plaintiff to the Defendant.

WITNESS AND ABSTRACT OF TESTIMONIES

6.1. Plaintiff

Present evidence to support his claim about the facts of the

case.

6.2. Plaintiffs Secretary

Present evidence to prove that no payment was received on

the day of 20 February 2011, coming for the Defendant.

APPLICABLE LAW IN SUPPORT OF PLAINTIFFS CLAIMS

7.1. Art. 1231 of the Civil Code provides that;Obligations are

extinguished:

(1)By payment or performance;

(2) By the loss of the thing due;
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) By compensation;
(6) By novation.

Other causes of extinguishment of obligations, such as annulment,

rescission, fulfillment of aresolutory condition, and prescription, are governed
elsewhere in this Code. (1156a)

RESERVATION

8.1. Plaintiff respectfully reserves the right to present other

witnesses, documents or evidences in addition to, or in substitution of, those
mentioned above and or for purposes in addition to or in substitution of
those mentioned should a need thereof arises; propose other issues as the
exigencies of trial may demand; cite and invoke other laws and jurisprudence

3
that may be relevant in the course of the proceedings; amend his Petition, as
may be warranted.

APPROXIMATE NUMBER OF HOURS NEEDED TO COMPLETE THE

PRESENTATION OF EVIDENCE

9.1. Should Defendant refuse to enter into stipulations of fact

and make admissions, Petitioner will need about three (3) hours to complete
the direct examination of its witnesses, at approximately one (1) hour and
thirty (30) minutes per witness. These estimates exclude the time for the
cross and re-direct examinations, which is difficult to predict.

WHEREFORE, Plaintiff, Francis Victor B. Penalosa, respectfully prays

that, Defendant, Boa Hancock be compelled to pay the amount of P20, 000
and be sanctioned in accordance with law.

Atty. Nami Robin

Counsel

Copy Furnish:

Office of the City Prosecutor

Manila City

Atty. Red H. Shanks

Counsel for the Defendant
Unit 134/56 Lalim Ave.
Babaw, Quezon City

EXPLANATION FOR FILING AND SERVICE BY REGISTERED MAIL

In compliance with Rule 13, Section 11 of the Rules of Court, counsel

respectfully manifests that the forgoing PRE-TRIAL BRIEF FOR THE
COMPLAINANT will be filed and served by registered mail due to distance
and time constraints, as well as the limited number of office messengers
available.

Atty. Nami Robin

Counsel