REPUBLIC OF THE PHILIPPINES

First Judicial Region

Province of Ilocos Sur
Regional Trial Court
Branch ________
Vigan City

Spouses Antonio T. Resurreccion and

Marites M. Defiesta
Plaintiffs,
Civil Case No.____________
For: Payment of Sum of Money
-versus-

Spouses Pierre Y. Estefan and

Kristine W. Alonso
Defendants.

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

PRE-TRIAL BRIEF FOR THE PLAINTIFFS

COMES NOW, the Plaintiffs, through the undersigned counsel, and unto this Honorable
Court, most respectfully submits their Pre-Trial Brief, thus:

I. ON THE POSSIBILITY OF AMICABLE SETTLEMENT

The Plaintiffs are open to an amicable settlement as are just, legal, or equitable. For this
purpose, the Plaintiffs are willing to wait for Six (6) months, counted from the date this case is
amicably settled, for the defendants to fulfil their obligation.

II. ON THE POSSIBILITY OF SUBMISSION TO ALTERNATIVE MODES OF DISPUTE

RESULOTION

The Plaintiffs are willing to have this case submitted to alternative modes of dispute
resolution under the pertinent Rules of the Honorable Supreme Court. They are all for the early
termination of this case.

III. ON SIMPLIFACTION OF ISSUES

The ultimate issues to be resolved are the following:

A. WHETHER OR NOT THE DEFENDANTS HAS THE OBLIGATION TO PAY AND FULFILL
THEIR OBLIGATION AMOUNTING TO FIVEHUNDRED THOUSAND PESOS (PHP 500,000) PLUS
TWO PERCENT (2%) INTEREST; and/or

B. WHETHER ORNOT THE PLAINTIFFS ARE ENTITLED TO DAMAGES ALLEGED IN THE

COMPLAINT?

IV. ON THE NECESSITY OF DESIRABILITY OF AMENDMENTS TO THE PLEADINGS

As of the present, the Plaintiffs see no need of amending the Complaint. However, they
reserve the right to do so as to conform to evidence.
 V. ON STIPULATIONS AND ADMISSION OF FACTS

A. On Stipulations of Facts

The Plaintiffs stipulates or proposes the following for admission by the Defendants:

1. As a consideration of the parcel of land bought, they paid the Plaintiffs by

means of a post-dated check under an account that was already closed.

2. Plaintiff sought and demanded the payment and fulfilment of their obligation

B. On Admission of Facts

The Plaintiffs denies the allegations stated in the Answer of the Defendants.

VI. ON THE NUMBER OF WITNESSES, THEIR NAMES, ADDRESSES, GIST OF THEIR

RESPECTIVE TESTIMONY, AND DOCUMENTARY EVIDENCE

A. Testimonial Evidence

The Plaintiffs will be presenting the following witnesses:

NAME GIST OF TESTIMONY ADDRESS DURATION OF

TESTIMOY

1. The Plaintiffs 1. That they are the Bantay, Ilocos Sur More or less 30
(Spouses Antonio T. plaintiff; Minutes
Resurreccion and
Marites M. Defiesta) 2. That they sold to
Defendants the
subject parcel of land;

3. That the subject

parcel of land was not
yet fully paid

4. That the account

representing post-
dated check issued
was closed; and

5. That they
demanded payment
and fulfilment of the
obligation of the
Defendants.
2. Lendl Plana 1. That he is a mutual Sta. Catalina, Ilocos More or less 30
friend of Plaintiffs and Sur Minutes
Defendants;

2. That he personally
knows that Plaintiffs
sold the parcel of land
to the Defendants;
and
 3. That he was
present when
Plaintiffs demanded
payment from the
Defendants

The Plaintiffs hereby reserves to present additional witnesses as the need arises during
the proceedings.

B. Documentary Evidence

The Plaintiffs will be presenting and formally offering the Deed of Sale and Post-dated
check executed as their documentary evidence.

The Plaintiff hereby reserves to present and formally offer any documentary evidence as
the need arises from the proceedings.

VII. ON REFERENCE OF ISSUES TO A COMMISSIONER

The Plaintiffs sees no need to refer this case to a commissioner as the issue to be
resolved are simple.

VIII. ON PROPRIETY OF JUDMENT ON THE PLEADINGS OR SUMMARY JUDGMENT OR

DISMISSAL OF THE COMPLAINT

The fastest way to terminate this case is to have it set for trial after pre-trial.

IX. ON NECESSITY OFSUSPENDING THE PROCEEDINGS

The Plaintiffs sees no need to suspend the proceedings save in court – annexed
mediation.

X. OTHER MATTERS

A. Memorandum of Law/s relied upon

The laws that support the cause of action of the Plaintiffs against the defendants are:

1. Provisions of the Civil Code of the Philippines, as amended, specifically:

a. Art. 1169. Those obliged to deliver or to do something incur in delay from the time
the obligee judicially or extra judicially demands from them the fulfilment of their
obligation.
However, the demand by the creditor shall not be necessary in order that delay may
exist:
(1) When the obligation or the law expressly so declare; or
(2) When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is to be delivered or the service is to be rendered
was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his
power to perform.
In reciprocal obligations, neither party incurs in delay if the other does not comply or is
not ready to comply in a proper manner with what is incumbent upon him. From the
moment one of the parties fulfils his obligation, delay by the other begins. (1100a)

b. Art. 1170. Those who in the performance of their obligation are guilty of fraud,
negligence, or delay, and those who any manner contravene the tenor thereof, are
liable for damages.

c. Art.19 Every person must, in the exercise of his right and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith.

d. Art.20. Every person who, contrary to law, wilfully or negligently causes damage to
another, shall indemnify the latter for the same.

e. Art. 21. Any person who wilfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for the
damage.

B. Available Trial Dates

The undersigned counsel will be available for trial on the following dates:

A. August 6, 7, 8, 9, 10, 2018, in the morning and afternoon

B. Any day on the first week of the month

C. At any convenient time of the Honoble Court.

Respectfully submitted.

Vigan City, July 12, 2018.

ATTY. LEX VINCENT P. DAGDAG

Counsel for the Plaintiffs
Amante Street, Zone 5, Bantay, Ilocos Sur
PTR No. _____ and IBP OR No.______
Both issued at Vigan City on 8/24/17
TIN_______ROLL NUMBER________
MCLE Certificate No.___________