Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

12th Judicial Region
Branch 1, Iligan City

PEARLY SHELL LASMARIAS, CIVIL CASE NO. 17-101

Plaintiff,

-versus -
FOR: COLLECTION OF
SUM OF MONEY
JAM LAGGY
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - -x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as

follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT

1.1 Subject to a concrete proposal that is fair and reasonable and

a reciprocal manifestation of openness from plaintiff,
defendant is open to the possibility of amicably settling this
dispute.
1.2 Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,
defendant respectfully submits that the desired terms of any
amicable settlement would involve, first, a clarification of
the actual extent of any obligation owing to the plaintiff
inasmuch as there is nothing to indicate defendant’s
obligation to the plaintiff and, second, a schedule of
payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff seeks principally to recover the amount of One

Hundred Twenty Thousand Pesos (P120,000.00)
representing outstanding balance, with interest at the rate of
12% per annum from August 15, 2015 until fully paid.
2.2 Defendant interposes that her husband should be impleaded
or made a party in the instant case.
2.3 Defendant resist plaintiff’s claims based on a failure to state
a cause of action because of:
2.3.1 The Partnership Agreement to enter into a charcoal
business was between plaintiff’s husband and
defendant’s husband Abbas Lagendab there being the
plaintiff and defendant are not the real party in the
agreement;
2.3.2 Plaintiff’s lack of personality to sue and, therefore, not
being the real party in interest under Rule 3, section 2
of the 1997 Rules of Civil Procedure;

III. FACTS AND OTHER MATTERS ADMITTTED BY THE

PARTIES

3.1 Defendant admits only those facts stated in her answer.

3.2 Subject to a concrete proposal for stipulation of additional
facts from plaintiff during pre-trial or even thereafter,
defendant admits no other facts stated in the Complaint.

IV. ISSUES TO BE TRIED

4.1 Defendant submits that the following issues put forward by

plaintiff are subject to proof:
4.1.1 Plaintiff’s personality to seek legal relief;
4.1.2 Plaintiff’s entitlement to the amount claimed;
4.2 Defendant submits that the following issues she put forward
are subject to proof:
4.2.1 Plaintiff’s bad faith in filing this suit.

V. EVIDENCE

5.1 Partnership Agreement, to prove that the contract was

entered between the plaintiff’s husband and defendant’s
husband, and that plaintiff and defendant are not parties to
the contract but only signatories for convenience and
expediency of transaction;
5.2 Defendant intends to present the following witnesses:
5.2.1 Defendant herself, who will testify on the true
circumstances leading to the filing of this suit against
her;
 5.2.2 Plaintiff’s husband, who will testify to prove that the
contract was between him and the defendant’s
husband.
5.3 Defendant reserves the right to present any and all
documentary evidence which shall become relevant to rebut
plaintiff’s claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belie
plaintiff’s witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1 Considering the relatively simple issues presented,

defendant does not intend to avail of discovery this time.
6.2 Subject, however, to a concrete and reasonable request for
discovery from plaintiff, defendant reserves the right to
resort to discovery before trial.

VII. TRIAL DATES

7.1 December 29, 2017, January 5 and 12, 2018

RESPECTFULLY SUBMITTED.

Iligan City; November 29, 2017

LASMARIAS AND PARTNERS LAW OFFICE

Counsel for the Defendant
Suite 500 Diocesan Centrum Bldg.
S.T. Lluch, Iligan City
By:
ATTY. VICON B. DE GUZMAN
IBP O.R. No. 1042000; 5-16-17; Manila City
IBP Roll No. 66500/TIN No. (On Process)
PTR. No. 7072800; 7-23-17; Iligan City
MCLE Compliance No. (On Process)
Mobile No. 0995 625 3793; 0947 540 2211

Copy Furnished:

ATTY. JOHAIRA B. MACARAYA

Counsel for the Plaintiff
Rm. 4 2/F Somontan Bldg.,
Tubod Hi-way, Iligan City