practicecourt pleading-pre-trial brief format

8/10/2019 PracticeCourt Pleading-Pre-trial Brief Format

1/3

Republic of the PhilippinesMuncipal Circuit Trial Court

CatarmanLope de Vega10thJudicial District

Catarman, Northern Samar

PIMPY CARDENAS Civil Case No. C - 0917Plaintiff,

FOR: DAMAGES, with-versus- Attorneys Fee

TOTY ILO-ILODefendants.

X - - - - - - - - - - - - - - - - - - X

PRE TRIAL BRIEF

PLAINTIFF, through counsel and unto this Honorable Court respectfullysubmits herein Pre-Trial Brief declaring the following:

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 aconcrete proposal that is fair and reasonable and a reciprocal manifestation of

openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, Plaintiffrespectfully submits that the desired terms of any amicable settlement wouldinvolve, first, an admission of amount due and owing to plaintiff and, second, a

schedule of payments.

1.3. Plaintiff is willing to submit itself to mediation and other alternativemodes of dispute resolution.

II. BRIEF STATEMENT OF THE CASE AND CLAIMS OF THE PARTIES

2.1. This is a case for actual damages in the amount of Fifty FiveThousand (P55,000.00) Pesos for injuries sustained by the Plaintiff by the actsof the dog of the Defendant which caused the death of the dog of the Plaintiff.

2.2. The Defendant raises as defense that the whole incident wasconcocted.

III. STIPULATION FACTS AND OTHER MATTERS ADMITTED BY THE

PARTIES

3.1. The following facts are admitted:3.1.1. Personal Circumstances of the Parties;3.1.2. Ownership of the pitbull dog by the Defendant;3.1.3. Death of the shih tzu dog of the Plaintiff.


2/3

3.2. As proposed stipulation of facts, Plaintiff request the Defendant toadmit the following facts:

3.2.1. That the Defendants dog escaped or broke loose from itschain.

3.2.2. That the Defendants dog mated with the Plaintiffs dog.

IV. ISSUES

4.1. Plaintiff respectfully submits that the issues on this case are:4.1.1. Whether or not the proximate cause of the death of

Plaintiffs dog was the acts of Defendants dog.4.1.2. Whether or not the Defendant is liable for damages for theinjuries sustained by the Plaintiff.

V. DOCUMENTS TO BE MARKED AND PRESENTED

5.1. Plaintiff will present the following documents as evidences:5.1.1. Exhibit A - Certificate issued by Philippine Canine

Authority5.1.2. Exhibit B - Certificate of Registration issued by Phil. DogLovers Assoc.5.1.3. Exhibit C - Vouchers

VI. WITNESSES TO BE PRESENTED

Plaintiff will present the following three (3) witnesses:

Plaintiff herself- to testify on the materials allegations, causes of action,and claims as set forth in the Complaint;

Maria Borja- to corroborate the testimony of the Plaintiff on its material

points and to testify that the Defendants dog entered the Plaintiffs premises;

Jay Bayo- to corroborate the testimony of the Plaintiff on its material

points and to testify that Defendants dog escaped from its chains;

Plaintiff expressly reserves the right to present such additional witnessesand other exhibits and evidence as the exigencies of the trial may require.

VII. RESORT TO DISCOVERY

7.1. Considering the relatively simple issues presented, plaintiff doesnot intend to avail of discovery at this time;

7.2. Subject, however, to a concrete and reasonable request fordiscovery from defendant, plaintiff reserves the right to resort to discoverybefore trial.


3/3

VIII. TRIAL DATES

It is respectfully requested that the trial dates be set during the pre-trialconference to dates most convenient to this Honorable Court and to all the

parties.

RESPECTFULLY SUBMITTED.Catarman, Northern Samar

July 11, 2014

TMG & Associates Law OfficesCounsel for the Plaintiff

Ground Flr. MAHABAGIN-EXPO BldgSanga Cor. Puno St., Brgy. Bolho

Catarman, Northern Samar

By:

Atty. Alexander F. OpeaPTR 369981164, N. Samar Prov.IBP No. 56556, lifetime member

Roll No. 59999MCLE Compliance No. II 01-23455

Copy Furnished:

Atty. Iloisa C. CollamarCounsel for DefendantArgen Uy Bldg., Sta. Clare St.Brgy. Santol, Catarman N. Samar

practicecourt pleading-pre-trial brief format

Documents