Republic of the Philippines

REGIONAL TRIAL COURT

6TH Judicial Region
Iloilo City

BARBIE G. SUYO,
Plaintiff,
CIVIL CASE NO. 2018-1
-versus- FOR COLLECTION OF SUM
OF MONEY
EREMIA PICCIOBELEN G. PACANA,
Defendant.

/------------------------------------------------/

PRE-TRIAL BRIEF

DEFENDANT, through 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 due to and owing to a plaintiff inasmuch as there is
nothing to indicate defendant’s obligations to plaintiff and, second, a
schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff seeks principally to recover the amount of Twenty Five

Thousand Pesos (P25,000.00) arising allegedly from a loan by the
Defendant.

2.2 Defendant resists plaintiff’s claims based on a failure to state a cause

of action because of the extinguishment of the alleged claim made by
the defendant on September 1, 2017.

1
 2.3 Defendant also interposed a compulsory counterclaim for Thousand
Pesos (P5,000.00) for moral damages and Ten Thousand Pesos
(P10,000.00) as attorney’s fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTES

3.1 Defendant admits only those facts stated in his Answer, i.e., her
personal circumstances.

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 the suit;

4.2.2 Defendant’s entitlement to the claims made in her Compulsory

Counterclaim as a result of plaintiff‘s bad faith;

V. EVIDENCE

5.1 Defendant intends to present the following witnesses:

5.1.1 Defendant herself who will testify on the true circumstances

leading to the filing of the suit against her;

5.1.2 An employee of defendant with personal knowledge as to the true

circumstances behind the alleged obligations due and owing in
favor of plaintiff.

5.2 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.

2
VI. RESORT TO DISCOVERY

6.1 Considering the relatively simple issues presented, defendant does not
intend to avail of discovery at 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.

RESPECTFULLY SUBMITED, this 26th day of January 2018, Iloilo

City.

ATTY. ROBESPIERRE S. TERSOL

Counsel for Defendant
Tersol and Tersol Law Firm
Roosevelt Street, Santa Barbara,Iloilo
Roll No. 82106992888
MCLE Compliance No.: III-0007418
PTR No 828888, May 25, 2017
IBP No. 08251 –778888 Lifetime Iloilo City

3
 NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 8, Iloilo City

Please submit the foregoing Motion to the Court for its consideration
and approval immediately upon receipt hereof and kindly include the same in
the court’s calendar for hearing on February 24, 2018 at 8:30 in the morning.

ATTY. ROBESPIERRE S. TERSOL

Counsel for Defendant

Copy Furnished:

ATTY. GENEVIEVE S. TERSOL

Counsel for the Plaintiff
Lopez Jaena Street, Jaro, Iloilo City