Pre-Trial-Brief Sample

REPUBLIC OF THE PHILIPPINES
SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT OF BACOLOD
BRANCH 44
-uwu-
CHING HONG GI/ GLORIOUS

HARDWARE,
Plaintiff,
-versus- CIVIL CASE NO. 21-420619
For: Collection of Sum of

Money with Damages with
Pray for Preliminary
Attachment
SPS. OSCAR AND MARIA SUYO,
Defendant.
x-----------------------------------------------x
ABC CORPORATION
Plaintiff-Intervenor,
x-----------------------------------------------x
SPS. OSCAR AND MARIA SUYO,
Third-Party Plaintiff,
-versus-
RAUL REYES
Third-Party Defendant,
x-----------------------------------------------x
PRE-TRIAL BRIEF
(For the Defendant/Third-Party Plaintiff)
Defendants, through counsel, most respectfully submit the instant

pre-trial brief as follows:
BRIEF STATEMENT OF CLAIMS

Page 1 of 12 – Pre-Trial Brief – Spouses Suyo
The Spouses Suyo (herein referred to as Spouses for brevity), who are
both Defendants and Third-Party Plaintiffs, respectfully submit this
petition praying that they should not be held liable of the claims of
Plaintiff Ching Hong Gi (herein referred to as Glorious for brevity) by
virtue of a Contract of Engagement, and the fact that Third-Party
Defendant (herein referred to as Reyes for brevity) has performed
acts beyond his duty.
ADMITTED FACTS
1. The Spouses are Oscar Suyo and Maria Suyo, both of legal age,
Filipino citizens, with residence and postal address at Gardenia
Street, Purok Paghidaet, Barangay Mansilingan, Bacolod City
where they may be served summons and other court processes
of the Honorable Court.
2. They are the Defendants in the case brought about by Plaintiff

Ching Hong Gi on September 20, 2021, docketed as Civil Case
No. 21-420619.
3. Plaintiff Ching Hong Gi, is of legal age, Filipino, with residence

and postal address at Fleurdeliz Street, Purok Mabinuligon,
Barangay Mansilingan, Bacolod City.
4. Raul Reyes, of legal age, married, Filipino citizen, with

residence and postal address at Broken Hearts Boulevard, 21st
Floor of Zadbouy Building, Lacson Street, Bacolod City where
he may be served with orders, notices, and other court
processes of the Honorable Court.
5. That Defendants are long time customers and close family

friends of Petitioners. By virtue of this relationship, Defendants
are allowed to purchase on credit in Petitioner’s store.
6. That Raul Reyes is the contractor of defendants and has been

transacting with Petitioner’s store on behalf of defendants by
virtue of the Contract of Engagement.
7. That Defendants, through Raul Reyes, transacted with

Petitioner goods amounting to seven million pesos
(P7,000,000.00).

8. Plaintiff Glorious alleges that the Spouses are liable for the
transactions that occurred in February of 2021, between
Plaintiff and Third-Party Defendant.
PROPOSED STIPULATION OF FACTS
The Spouses propose the following stipulation of facts to be admitted

by the Plaintiffs:
9. The Spouses, Glorious, and Reyes entered into a contract of

engagement on December 7, 2020.
10.This contract established the rights and responsibilities of the

three parties, it also integrated the entry of Reyes in the usage
of the Spouses’ credit line with Glorious.
11.That on February 24, 2021, Glorious informed the Spouses of an

order in excess of the allowed credit-limit for Reyes.
12.On that same day, the Spouses issued an acknowledgement

receipt to and was signed by Reyes for P4,000,000.00 in order
for him to pay the outstanding debt.
13.The subsequent transactions amounting to P3,000,000.00 was

unauthorized as per the contract of engagement.
14.By virtue of the contract of engagement, Reyes shall be liable

towards Glorious and the hardware acknowledges to exclude
from liability the Spouses.
15.As per the warehouse and project site manager of the Spouses,
Mr. Joseph Joestar, the materials ordered as stated in the
transactions of March 11, 2021 and March 20, 2021 were never
received.
16.As the March 11 and 20 transactions were made beyond the

allowable credit-limit, Glorious had the obligation to inform the
Spouses. They were remiss in their duty and allowed the
transaction to push through hence making them bear the cost of
their own negligence.

17.The Spouses admit the receipt of the demand letter but refused
to acknowledge that they are liable for the said transactions as
they were released from payment when they issued the
acknowledgment receipt and gave the money to Reyes.
Furthermore, the transactions subsequently incurred were
made beyond the scope allowed to Raul Reyes.
18.The Spouses also admit to meeting with Glorious but deny the
making of any promissory note. The note issued by the Spouses
was a promise to look for Reyes and make him accountable to
Glorious for the sake of their friendship.
19. That prior to the pre-trial conference of this case, Glorious and
the Spouses Suyo with their counsels negotiated in order to
amicably settle the case.
20.That during the negotiations it was shown through the various

bank deposit slips and G-cash receipts slips that the spouses
indeed paid the three million pesos to Raul Reyes.
21.It was also agreed that the Spouses will be the ones to facilitate
the collection of the remaining four million pesos (P
4,000,000.00) through whatever means allowed by law for a
period of 6 months.
22.That the failure of the Spouses would make them liable by

shouldering one million pesos (P 1,000,000.00) of the money
collected from Raul Reyes, less any interest.
23.That in the event that a collection suit for Raul Reyes would be
filed by the Spouses, the docket fees would be shared equally
by Glorious and the Spouses.
24.That the agreement was formalized by the both parties by the

sending of Glorious of the compromise agreement.
LEGAL ISSUES INVOLVED
25.Whether or not the Glorious has the right to recover the

outstanding credit from the Spouses.

26.Whether or not the Spouses has the right to be reimbursed if
the Spouses is found to be liable by this honorable court.
27.Whether or not the Contract of Engagement is valid and

enforceable
28.If the Contract is valid, whether or not Reyes exceeded his

allowed authority.
29.Whether or not the Promissory Note issued by Oscar Suyo is

negotiable and enforceable
30.Whether or not the by virtue of the Compromise Agreement

executed by both parties, the case should be dismissed because
the stipulated six months to collect the money has not
prescribed.
APPLICABLE LAWS AND JURISPRUDENCE
31. The applicable laws and jurisprudence for this case are not
only limited to those provisions and cases cited by the
Defendants in their answer and in this pre-trial brief, but also
those relevant provisions under the New Civil Code, the Rules
of Court, and the Negotiable Instruments Law, including
relevant Supreme Court decisions on the matter.
AMMICABLE SETTLEMENT OR ALTERNATIVE DISPUTE

RESOLUTION
32.The Defendants are willing to enter into an amicable settlement

with the Plaintiffs and the Third-party defendants as long as
the terms of the settlement is fair to all parties; Further if
applicable, Defendants are willing to submit the case to any
modes of alternative dispute resolution.
AVAILABLE TRIAL DATES

33.The undersigned counsels will make themselves available on
any date that this Honorable Court will order a Trial, or any
date as agreed upon by the parties.
WITNESSES AND THEIR TESTIMONIES
34.Judicial Affidavit of Oscar Suyo. The contents of which relate to

the facts related to the participation of The Spouses Suyo, Raul
Reyes, and Glorious Hardware in the contract of engagement,
along with the terms of such contract. It also contains facts
relating to the payment of P4,000,000.00 to Raul Reyes for the
payment of the outstanding obligation made beyond the credit
limit and the fact that Oscar Suyo never issued a promisorry
note to Glorious Hardware. Oscar Suyo’s presence in the
negotiation that lead to the compromise agreement (Annex 1
PTB-Suyo)
35.Judicial Affidavit of Maria Suyo. The contents of which relate to

the facts that her husband, Oscar Suyo was with her in Davao
and could not have personally paid the obligation on January 4,
2021 as alleged by the Petitioner Hardware. The document will
also contain an explanation of how the credit system worked
before and after the entry of Raul Reyes in the picture. Maria
Suyo’s presence in the negotiation that lead to the compromise
agreement. (Annex 2 PTB-Suyo)
36.Judicial Affidavit of Joseph Joestar. The contents of which relate

to his duties and responsibilities as construction site manager
and that he never received the orders indicated by the March 11
and 20, 2021 commercial documents issued by Petitioner
Hardware. (Annex 3 PTB-Suyo)
37.Judicial Affidavit of Atty. Bruno Bucciarati. The contents of

which would prove that he was the notary public who
notarized the Contract of Engagement entered into by the
Spouses Suyo, Glorious Hardware, and Raul Reyes and that he
has personally seen them when they had the document
notarized. (Annex 5 PTB-Suyo)
38.Judicial Affidavit of Giorno Giovanna. The contents of which

would prove that Giorno Giovanna witnessed the signing of
the contract of engagement entered into by the Spouses Suyo,

Glorious Hardware, and Raul Reyes and that he has seen the
parties personally sign the document. (Annex 6 PTB-Suyo)
39.Judicial Affidavit of Leone Abbacchio. The contents of which

would prove that Giorno Giovanna witnessed the signing of
the contract of engagement entered into by the Spouses Suyo,
Glorious Hardware, and Raul Reyes and that he has seen the
parties personally sign the document. (Annex 7 PTB-Suyo)
PIECES OF DOCUMENTARY EVIDENCE – ITS PURPOSES
40.Contract of Engagement between the Spouses Suyo, Glorious

Hardware, and Raul Reyes to prove that the Contract is valid.
(Annex 8 PTB-Suyo)
41.Vacation photos dated January 4, 2021 to prove the Mr. Suyo

was not the one who transacted with Glorious’ personnel.
(Annex 9 PTB-Suyo)
42.Acknowledge Receipt issued to and signed Raul Reyes, to

prove the fact of payment and the release from liability by the
Spouses. (Annex 10 PTB-Suyo)
43.The Compromise Agreement. The contents of which would

state the terms agreed upon by the parties with regard the
settlement of the remaining debt and the measures agreed upon
to collect the money from Raul Reyes. (Annex 8 PTB-Suyo)
44.Legal Services Contract with MAARV Law Offices (Annex 11

PTB-Suyo)
RESERVATION OF ADDITIONAL TESTIMONIAL AND

DOCUMENTARY
45.The Defendants hereby ask this court that they may be allowed
to reserve the right to present additional evidence in the course
of the trial as required which would be necessary towards the
successful litigation of their cause of action.
RELIEFS

The Defendants humbly ask this court to
46.Dismiss the case for being premature as the cause of action of

the Plaintiffs has not arisen because of the Compromise
Agreement.
47.Uphold the Contract of Engagement entered into by the parties.
48.Make Raul Reyes pay the Spouses Suyo in the event that the
Court finds the Spouses Suyo liable by virtue of the Contract of
Engagement.
49.To issue a writ of preliminary attachment against the properties

of Raul Reyes because he is a flight risk.
WHEREFORE, premises considered, it is respectfully prayed unto

this Honorable Court the foregoing Pre-Trial Brief be duly noted.
MOST RESPECTFULLY SUBMITTED,
Bacolod City, Negros Occidental, November 2, 2021.
MAARV Law Offices

Counsel for the Defendants
6th Lacson Street
2nd Floor Unicron Building
Bacolod City, Negros Occidental

By:
MICHAEL P. VILLAGRACIA
IBP Lifetime No. 049192, May 4, 2021, Bacolod City
PTR No. 860982 - May 9, 2021, Bacolod City
Roll No. 420120
MCLE Exemption No. VI-0042012, May 10, 2021
villagracia.michael.p@gmail.com
09684456141
COPY FURNISHED:
THE CLERK OF COURT

Regional Trial Court – Branch 44
Bacolod City
JOHN EMMER S. GAMO

GAMO AND ASSOCIATES LAW OFFICE
08 Mahogany Lane, Macadam Rd.,
Brgy. Villamonte, Bacolod City
THALIA B. DELA CRUZ

VILLAGANTE AND ASSOCIATES LAW OFFICE
Counsel for the Third-Party Defendant
C.I.T Bldg., Lacson-Luzuriaga Sts., Bacolod City
Tel. No. (034) 4356039

EXPLANATION
Greetings Pañero!
Please take notice that we are submitting this Pre-Trial Brief to be

duly noted by this Honorable Court.
Copies of the foregoing urgent motion was served by registered mail

only, it being impracticable to serve the same personally due to
quarantine protocols set by the government.

Pre-Trial-Brief Sample

Uploaded by

Copyright:

Available Formats

Pre-Trial-Brief Sample

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Pre-Trial-Brief Sample

Uploaded by

Copyright:

Available Formats

REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

CHING HONG GI/ GLORIOUS

-versus- CIVIL CASE NO. 21-420619

For: Collection of Sum of

SPS. OSCAR AND MARIA SUYO,

SPS. OSCAR AND MARIA SUYO,

Defendants, through counsel, most respectfully submit the instant

BRIEF STATEMENT OF CLAIMS

2. They are the Defendants in the case brought about by Plaintiff

3. Plaintiff Ching Hong Gi, is of legal age, Filipino, with residence

4. Raul Reyes, of legal age, married, Filipino citizen, with

5. That Defendants are long time customers and close family

6. That Raul Reyes is the contractor of defendants and has been

7. That Defendants, through Raul Reyes, transacted with

Page 2 of 12 – Pre-Trial Brief – Spouses Suyo

PROPOSED STIPULATION OF FACTS

The Spouses propose the following stipulation of facts to be admitted

9. The Spouses, Glorious, and Reyes entered into a contract of

10.This contract established the rights and responsibilities of the

11.That on February 24, 2021, Glorious informed the Spouses of an

12.On that same day, the Spouses issued an acknowledgement

13.The subsequent transactions amounting to P3,000,000.00 was

14.By virtue of the contract of engagement, Reyes shall be liable

16.As the March 11 and 20 transactions were made beyond the

Page 3 of 12 – Pre-Trial Brief – Spouses Suyo

20.That during the negotiations it was shown through the various

22.That the failure of the Spouses would make them liable by

24.That the agreement was formalized by the both parties by the

LEGAL ISSUES INVOLVED

25.Whether or not the Glorious has the right to recover the

Page 4 of 12 – Pre-Trial Brief – Spouses Suyo

27.Whether or not the Contract of Engagement is valid and

28.If the Contract is valid, whether or not Reyes exceeded his

29.Whether or not the Promissory Note issued by Oscar Suyo is

30.Whether or not the by virtue of the Compromise Agreement

APPLICABLE LAWS AND JURISPRUDENCE

AMMICABLE SETTLEMENT OR ALTERNATIVE DISPUTE

32.The Defendants are willing to enter into an amicable settlement

AVAILABLE TRIAL DATES

Page 5 of 12 – Pre-Trial Brief – Spouses Suyo

WITNESSES AND THEIR TESTIMONIES

34.Judicial Affidavit of Oscar Suyo. The contents of which relate to

35.Judicial Affidavit of Maria Suyo. The contents of which relate to

36.Judicial Affidavit of Joseph Joestar. The contents of which relate

37.Judicial Affidavit of Atty. Bruno Bucciarati. The contents of

38.Judicial Affidavit of Giorno Giovanna. The contents of which

Page 6 of 12 – Pre-Trial Brief – Spouses Suyo

39.Judicial Affidavit of Leone Abbacchio. The contents of which

PIECES OF DOCUMENTARY EVIDENCE – ITS PURPOSES

40.Contract of Engagement between the Spouses Suyo, Glorious

41.Vacation photos dated January 4, 2021 to prove the Mr. Suyo

42.Acknowledge Receipt issued to and signed Raul Reyes, to

43.The Compromise Agreement. The contents of which would

44.Legal Services Contract with MAARV Law Offices (Annex 11

RESERVATION OF ADDITIONAL TESTIMONIAL AND

Page 7 of 12 – Pre-Trial Brief – Spouses Suyo

46.Dismiss the case for being premature as the cause of action of

47.Uphold the Contract of Engagement entered into by the parties.

49.To issue a writ of preliminary attachment against the properties