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    Pre-Trial Brief

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    Reynald Lentija Torres
    This document is a pre-trial brief submitted by the plaintiff's counsel in the civil case of Kim L. Lopez vs Mike G. Santos regarding collection of a sum of money. The plaintiff loaned the defendant PHP 2 million payable in monthly interest installments and full payment after 6 months, but the defendant has failed to pay. The plaintiff is open to settlement but wants admission of the amount due and a payment schedule. The main issue to be tried is whether the defendant violated the terms of the loan agreement. The plaintiff will present documents and witnesses to support its claim.

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    Pre-Trial Brief

    Uploaded by

    Reynald Lentija Torres
    62 views4 pages
    This document is a pre-trial brief submitted by the plaintiff's counsel in the civil case of Kim L. Lopez vs Mike G. Santos regarding collection of a sum of money. The plaintiff loaned the defendant PHP 2 million payable in monthly interest installments and full payment after 6 months, but the defendant has failed to pay. The plaintiff is open to settlement but wants admission of the amount due and a payment schedule. The main issue to be tried is whether the defendant violated the terms of the loan agreement. The plaintiff will present documents and witnesses to support its claim.

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    This document is a pre-trial brief submitted by the plaintiff's counsel in the civil case of Kim L. Lopez vs Mike G. Santos regarding collection of a sum of money. The plaintiff loaned the defendant PHP 2 million payable in monthly interest installments and full payment after 6 months, but the defendant has failed to pay. The plaintiff is open to settlement but wants admission of the amount due and a payment schedule. The main issue to be tried is whether the defendant violated the terms of the loan agreement. The plaintiff will present documents and witnesses to support its claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views4 pages

    Pre-Trial Brief

    Uploaded by

    Reynald Lentija Torres
    This document is a pre-trial brief submitted by the plaintiff's counsel in the civil case of Kim L. Lopez vs Mike G. Santos regarding collection of a sum of money. The plaintiff loaned the defendant PHP 2 million payable in monthly interest installments and full payment after 6 months, but the defendant has failed to pay. The plaintiff is open to settlement but wants admission of the amount due and a payment schedule. The main issue to be tried is whether the defendant violated the terms of the loan agreement. The plaintiff will present documents and witnesses to support its claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    REGIONAL TRIAL COURT


    City of Iloilo
    Branch 05

    Kim L. Lopez
    Plaintiff,

    -Versus- Civil Case No. 1234


    For: Collection of Sum
    of Money

    Mike G. Santos
    Respondent

    x---------------------------------x

    PRE-TRIAL BRIEF

    PLAINTIFF, by counsel, respectfully submits his Pre-Trial Brief,


    as follows:

    I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT


    AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

    1.1 Plaintiff is open to settling this dispute amicably, subject to a


    concrete proposal that is fair and reasonable and a reciprocal
    manifestation of openness from defendant.

    II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

    2.1 The defendant failed to pay the one percent interest (Php
    20,000.00) to be paid at the end of each month over a period of
    six months, with the full loan balance of Php2,000,000 to be
    paid on the last day of sixth months. Up to the present, the said
    interest is continuously increasing due to the delay of payment.

    1|Page
    Even after numerous and repeated demands, the defendant still
    disregards the notice sent to him.

    2. 2 The plaintiff now institutes this action against the


    defendant for not paying his loan plus the interest as agreed by
    both parties.

    2.3 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 second, a schedule of payments.

    III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

    3.1 Plaintiff admits the personal circumstances of the parties as


    stated in the compliant only.

    IV. ISSUES TO BE TRIED

    4.1 Whether or not, the defendant is guilty of violating the B.P.


    22.

    V. EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

    5.1 Exhibit A- A copy of the Contract of Loan between plaintiff


    and defendant on December 01,2019 before the plaintiff
    handed the manager’s cheque to the defendant.
    5.2 Exhibit B- A photo taken by a mobile phone camera of the
    said manager’s cheque.

    5.3 Exhibit C- An acknowledgement from the bank confirming


    the issuance of the said manager’s cheque.

    2|Page
    5.4 Exhibit D- A certified copy of the bank account statement
    against which the cheque was withdrawn, showing bank
    transaction from November 2019 to July 2020, confirming the
    encashment of cheque under defendant’s name dated
    December 01, 2019 from the BPI Branch- Solis Street, Iloilo
    City.

    5.5 Exhibit E- A copy of acknowledgement receipt signed by the


    house helper of the defendant that she had received the letter.

    5.6 Exhibit F - A machine copy of the demand letters sent by


    the plaintiff’s counsel to the defendant.

    5.7 Exhibit G – A certification from Banco De Oro-SM City


    Branch in Mandurriao, Iloilo City informing the plaintiff that the
    check cannot be honored because the link account was
    inactive.

    The plaintiff reserves his right to present other documents not


    herein listed as may be deemed necessary.

    VI. WITNESSES TO BE PRESENTED

    6.1 The plaintiff himself – to testify regarding the case.

    6.2 Salvacion T Gepilga- defendant’s house helper.

    Defendant reserves the right to present other witnesses not


    herein enumerated as deemed necessary.

    VII. AVAILABLE TRIAL DATES

    3|Page
    The plaintiff would depend on the dates agreed upon during the pre-
    trial.

    RESPECTFULLY SUBMITTED.
    Iloilo City, 28 MAY 2021.

    ATTY. REYNALD L. TORRES


    Counsel for Plaintiff
    Paro Torres Astrologo Law Firm
    Iznart Street, Iloilo City
    5000
    Telephone No. 123-4567
    Roll No. 123456
    IBP No. 12345, 05/15/21, Iloilo
    City
    PTR No. 1234567, 05/15/21
    Iloilo City
    MCLE Compliance No. V1234567

    A Copy furnished by registered mail:

    ATTY. AL JOE D. ROGELIO


    Counsel for Defendant
    Notary Public
    Corner-Jalandoni
    Ledesma, Street
    Iloilo City
    Roll No. 64784
    IBP No. 69885, 5/17/2021
    PTR No. 685423, 5/17/2021

    4|Page

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