Republic of the Philippines

Province of Leyte
REGIONAL TRIAL COURT
Tacloban City

SPOUSES JOHN MARTYN and MARIA MARTYN

and JOMA MARTYN,

Civil Case No:

For: Damages

Plaintiffs,

-versus-

DR. VICENTE SOTTO LAW SCHOOL,

represented by THEOANNE A. GARCIA,
ATTY. ACTO BIR and ATTY. HINDI N. LAB
x----------------------------------x

PRE-TRIAL BRIEF FOR PLAINTIFFS

PLAINTIFFS, through counsel, to the Honorable Court, most respectfully

submit their Pre-Trial Brief as follows:
I.
AMICABLE SETTLMENT/STATEMENT OF WILLINGNESS TO REFER
THE CASE TO ALTERNATIVE MODES OF DISPUTE RESOLUTION

Plaintiff is willing to enter into a compromise agreement in order to amicably

settle the case under just and equitable terms and to refer the case to alternative
modes of dispute resolution including referral to a commissioner or panel of
commissioners, on the condition that the Defendants pay the Plaintiff an amount not
less than THREE MILLION PESOS (P3,000,000.00) Philippine currency.

II.
PROPOSED STIPULATION OF FACTS AND CIRCUMSTANCES

Plaintiffs admits their name, personal circumstances, identity and current

address. In addition, plaintiff proposes to defendants the following facts and
circumstances surrounding the instant case:

1. The subject matter of this case is the negligent and deliberate disregard of the
Defendants in informing Coco Martyn as well as the plaintiffs regarding his
non-inclusion in the list of graduating students for the year 2015 which
resulted to the damages incurred by herein plaintiffs.
2. It was in March 2, 2015 around two oclock PM when Coco Martyn met
defendants in the College of Law Faculty Lounge of Dr. Vicente Sotto Law
School and in the presence of their colleagues and other students, wherein
defendants abruptly, clearly and loudly exclaimed that Ill give you 3.0 for
Tax I. and Youll have 2.75 for Labor II. You may go..
3. Relying in good faith on the promise made by Defendants, Coco Martyn, at
the expense of the Plaintiffs, immediately went on a drinking spree spending
FIFTY FIVE THOUSAND PESOS (P 55,000.00).
4. On March 4, 2015, by virtue of the proceeds of the property mortgage
transacted into by herein plaintiffs, Coco Martyn paid the enrollment fee in
UP Law Review Center at SIXTY THOUSAND PESOS (P60,000) and paid
advanced rentals in Rex Condominium at ONE HUNDRED FIFTY
THOUSAND PESOS (P150,000.00).
5. In March 30, 2015 plaintiffs hosted a send-off party for Coco Martyn and his
classmates in Leyte Park Hotel spending a total of ONE HUNDRED
THOUSAND PESOS (P100,000.00) and had an official public
announcement therein about their excitement regarding Coco Martyns
forthcoming graduation.
6. Plaintiffs, as any family would be, prepared and caused a surprise graduation
party for Coco Martyn, since they never received any information from the
Law School nor from the instructors regarding any impediment that would
hinder his graduation.
7. On the graduation day, May 30, 2015, Coco Martyn together with his siblings
flew back to Tacloban to attend the most awaited occasion wherein he wore a
brand new tuxedo and shoes as bought and paid by his brother Joma Martyn
for a total of EIGHTY FIVE THOUSAND PESOS (P85,000.00).
8. On same day, his name was not called in the presentation of graduates and
immediately thereafter verified the reason behind it and it was only in that
instant when they learned that a grade of 5.0, both in Taxation I and Labor II
were given by herein defendants.
9. As a result of unjustified, deceitful, fraudulent and gross neglect of the
defendants in informing the plaintiffs in any possible manner about the failing

grade of Coco Martyn, the plaintiffs suffered increment of expenses in

preparation of the long awaited graduation, felt deeply mortified and
humiliated and most of all mourns the loss of their dearly beloved Coco
Martyn as he killed himself out of melancholy on June 29, 2015.
10. It must be noted, liability for quasi-delict may still exist despite the presence
of contractual relations. This was the pronouncement of the Court in the case
of Coca-Cola Bottlers Philippines Inc. vs The Honorable Court of Appeals,
GR. No. 110295, October 18, 1993, to wit:
While it may be true that the pre-existing contract between the parties
may, as a general rule, bar the applicability of the law on quasi-delict,
the liability may itself be deemed to arise from quasi-delict, i.e., the
acts which breaks the contract may also be a quasi-delict. Thus, in
Singson vs. Bank of the Philippine Islands, this Court stated:
We have repeatedly held, however, that the existence of a contract between
the parties does not bar the commission of a tort by the one against the
other and the consequent recovery of damages therefor. Indeed, this view
has been, in effect, reiterated in a comparatively recent case. Thus, in Air
France vs. Carrascoso, involving an airplane passenger who, despite hi firstclass ticket, had been illegally ousted from his first-class accommodation and
compelled to take a seat in the tourist compartment, was held entitled to
recover damages from the air-carrier, upon the ground of tort on the latter's
part, for, although the relation between the passenger and a carrier is
"contractual both in origin and nature . . . the act that breaks the contract may
also be a tort.

II.
ISSUES

1. Whether or not Article 2176, the general provision on quasi-delicts is

applicable in this instant case.
2. Whether or not Joma Martyn is a proper party to the case.
3. Whether or not defendants are liable for the damage caused to herein
plaintiffs.
4. Whether or not plaintiffs are entitled to all the reliefs prayed for in the
Complaint.
II.
EVIDENCE TO BE PRESENTED

Plaintiffs reserves the right to present additional evidence, whether

documentary or testimonial, during the course of the pre-trial when the necessity
arises.

A. DOCUMENTARY EVIDENCE
1. Deed of Mortgage marked in the Complaint as Annex A
Purpose: This document is presented to show and prove that Maria
Martyn entered into a mortgage contract, the proceeds thereof was used
for the enrollment and advance rentals of Coco Martyn.
2. Proof of payment by Coco Martyn for enrolling in UP Law Review
marked in the Complaint as Annex B
Purpose: This document is presented to show and prove that Coco
Martyn made payment for the enrolment in law review.
3. Tenancy Contract and Acknowledgment Receipt marked in the complaint
as Annexes C and D
Purpose: This document is presented to show and prove that Coco
Martyn contracted made payment with Rex Condominium for his
advance non-refundable rentals.
4. Proofs of payment of the plaintiffs from Leyte Park Hotel and Dolce and
Gabanna marked in the complaint as Annexes E and F
Purpose: This document is presented to show and prove that plaintiffs
spent and paid amounts therein in preparation for the graduation of Coco
Martyn
5. TENTATIVE LIST OF GRADUATING STUDENTS dated March 30,
2015
Purpose: This document is presented to prove that Coco Martyn is one of
the students whos qualified to graduate on May 30, 2015.
6. Itenerary Receipt No. 654321, Dated April 28, 2015
Purpose: This document is presented to prove that Joma Martyn financed
the roundtrip flight ticket from Manila-Tacloban for the purpose of
attending the graduation of Coco Martyn.
7. COMPLAINT filed by plaintiffs dated July 15, 2015
Purpose: This document is presented to show and prove that due to
unreasonable and negligent acts on the part of the defendants, plaintiff
filed a case for damages against them.
8. ANSWER by defendants dated July 30, 2015
Purpose: This document is presented to show and prove the judicial
affirmation of the defendants regarding their negligent and willful
disregard in informing Coco Martyn and the Plaintiffs of his noninclusion in the list of graduating students.

9. SUICIDE NOTE of COCO MARTYN

Purpose: This document is presented to show and prove that Coco
Martyn committed suicide out of depression caused by herein defendants.
10.And Others reserved

B. TESTIMONIAL EVIDENCE
Plaintiffs will testify to identify the documents presented and to prove the
truthfulness of their allegations in the Complaint. In compliance with the
Judicial Affidavit Rule , plaintiffs will submit their Judicial Affidavit five
(5) days before the scheduled pre-trial.
C. NAMES OF WITNESSES:
Plaintiff intend to present:
1. ATTY. MARJORIE MARTYN-PADILLA who is a resident of No. 8 Riko
Village, Makati City and who will testify on the financial support made by
JOMA MARTYN for the study of Coco Martyn in Dr. Vicente Sotto Law
School.
2. ATTY. MICHAEL MACARAIG who is a resident of No. 2, Tigawon
District, Naga-naga, Tacloban City and who will corroborate the testimony
of plaintifs.
3. ATTY. ISMAEL SU KUAN who is a resident of No. 12, Blk. 2 Lot 4 San
Gerardo Heights, Tacloban City who will testify regarding the promise made
by the defendants on March 2, 2015.
4. Mr. JOHNY JANITOR who is a resident of Siren, Tacloban City who will
substantiate the testimony of Atty. Ismael Su Kuan.
5. The classmates-attendees of Coco Martyn in the occasions hosted by the
plaintiff in relation to the graduation;
6. Reserve
In compliance with the Judicial Affidavit Rule , witnesses will submit their
Judicial Affidavit five (5) days before the scheduled pre-trial.

V.

LEGAL BASES
1. Articles 19, 20, 2176 and 2180 of the New Civil Code.
2. Related jurisprudence.
Respectfully submitted.

Tacloban City, August 10, 2015.

MA. HUSAY N. DURO
Counsel for Plaintiff
45 Burgos St., Tacloban City
Attorneys Roll No. 76394
IBP No. 093748/ 01-08-2015/ Tacloban City
PTR No. 098374/01-09-2015/Tacloban City
MCLE No. 093648/ January 14, 2015
COPY FURNISHED by personal service.
Atty. Ma. Glendane B. GACHALIAN
Counsel for the Defendant
160 P. Zamora St. Tacloban City, Leyte

Republic of the Philippines)

Tacloban City
)
AFFIDAVIT OF SERVICE
I, JAMES REID, under oath, depose and state:
1. I am the special messenger of the law office of GWAPO AND DURO ASSOCIATES LAW OFFICES,
with office address at 45, P. Burgos St. Tacloban City.
2. I served copies of a Pre-Trial Breif For the Plaintiff on the following parties at their respective addresses
and on the dates indicated below:
That Defendants, Atty. Acto Bir and Atty. Hindi N. Lab are both of legal age, single, Filipino citizens,
residents of Blk. 4 Lot 3, V&G Subdivision, Tacloban City and Blk. 1, Lot 4, Paradise, San Jose, Tacloban
City, respectively;

Name

Address

Date of Service

Mode of Service

ATTY, Acto Bir

Blk. 4, Lot 3., V&G

Subdivision, Tacloban City

12 August 2015

Personal Service

ATTY. Hindi N. Lab

Blk. 1, Lot 4,Paradise, San

Jose, Tacloban City

12 August 2015

Personal Service

12 August 2015

Personal Service

12 August 2015

Personal Service

Theoanne Garcia
Dr. Vicente Sotto Law
Dr. Vicente Sotto law
School,
School
Atty. Ma. Glendane B. 160 P. Zamora St. Tacloban
GACHALIAN
City, Leyte

by delivering personally a copy of the petition and/or notice of hearing on each of the above persons or
duly authorized representative and/or by leaving a copy of the same at his residence or office, with a
person of sufficient age and discretion or by depositing a copy in the post office, in a sealed envelope,
plainly addressed to the addressee at his residence or office, with postage fully prepaid, and with
instructions to the postmaster to return the mail to the sender after ten (10)d days if undelivered.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of September 1999 in Makati City,
Metro Manila.

JAMES REID
SUBSCRIBED AND SWORN to before me this 7th day of September 1999 in Makati City, Metro Manila,
affiant exhibiting to me his Community Tax Certificate No. 19982609 issued on 22 January 1999 at
Makati City, Metro Manila.

ATTY. APPLE P. PIE

Notary Public for the Province of Leyte
42 Burgos St. Tacloban City
Appointment No.: 183946/ 12-31-15 Roll of Attorney No. 0937593
PTR No.: 927492 / 12-31-15
IBP No. 8395639 / 01-08-15
MCLE Compliance No. 19846 / 01-03/15
Doc. No. 72;
Page No. 3;
Book No. V;
Series of 2015.

DEED OF MORTGAGE
This Mortgage is given by MARIA MARTYN (Mortgagor), whose address is Blk. 2, Lot 11, Rizal, Ormoc City to
PAUTANG INC. (Mortgagee), to secure the payment of the principal sum of Two Hundred Fifty Thousand
Pesos(P250,000 ) together with interest thereon computed on the outstanding balance, all as provided in a Note
having the same date as this Mortgage, and also to secure the performance of all the terms, covenants,
agreements, conditions and extensions of the Note and this Mortgage.
In consideration of the loan made by Mortgagee to Mortgagor, the Mortgagor does hereby grant and convey to
Mortgagee, with mortgage covenants, the land with the buildings situated thereon and all the improvements and
fixtures now and hereafter a part thereof, having a street address of and more particularly described as follows:
A parcel of land located in, (Lot 22 of the consolidation-realty plan (LRC) Pcs. 24443 being a consolidation of Lots 1-2,
Psu-2846820 Amd., LRC Rec. No No. 13464, situated in Brgy. 95-A, Caibaan, Tacloban City. Bounded on the NE., points
4 to 5, by Lot 32; on the SW., points 2 to 5, by Lot 8, and on the N., points 3 to 6 by lot 22, all of the consolidationsubdivision plan. Title is hereto attached and marked as Annex A
Mortgagor further covenants and agrees that:

a. No superior mortgage or the note secured by it will be modified without the consent of Mortgagee hereunder.
b. In the event that the holder of a senior mortgage does not establish a fund for the payment of insurance, property
taxes, and any other such charges which may or may not become a lien against the property, when they become
due, Mortgagor will be required to pay, in addition to and included with each periodic payment due under the Note
secured by this Mortgage, a payment sufficient to provide a fund from which the same can be paid by Mortgagee
when due.
c. In the event that Mortgagor fails to carry out the covenants and agreements set forth herein, the Mortgagee may do
and pay for whatever is necessary to protect the value of and the Mortgagee's rights in the mortgaged property and
any amounts so paid shall be added to the Principal Sum due the Mortgagee hereunder.
d. As additional security hereunder, Mortgagor hereby assigns to Mortgagee, Mortgagor's rents of the mortgaged
property, and upon default the same may be collected without the necessity of making entry upon the mortgaged
premises.
e. In the event that the Mortgagor transfers ownership or any security interest in the mortgaged property, whether
voluntarily or involuntarily, the Mortgagee may at its option declare the entire debt due and payable.
f. This Mortgage is also security for all other direct and contingent liabilities of the Mortgagor to Mortgagee which are
due or become due and whether now existing or hereafter contracted.
g. Mortgagor shall maintain adequate insurance on the property in amounts and form of coverage acceptable to
Mortgagee and the Mortgagee shall be a named insured as its interest may appear.
h. Mortgagor shall not commit waste or permit others to commit actual, permissive or constructive waste on the property.
i. Mortgagor further covenants and warrants to Mortgagee that Mortgagor is indefeasibly seized of said land in fee
simple; that Mortgagor has lawful authority to mortgage said land and that said land is free and clear of all
encumbrances except as may be expressly contained herein.

MARIA MARTYN
Mortgagor

March 1, 2015
Date

PAUTANG INC.
Mortgagee
Represented By:
JOHN DUKO
PRESIDENT

Mortgagee
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the province of Leyte, personally appeared MARIA MARTYN
with Passport no. 345788 and Drivers License no. 4656565, known to me and to me known to be the same
persons who executed the foregoing instrument and acknowledged to me that the same is their free and
voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.

Doc. No. 26
Page No. 04
Book No. V
Series of 2015.

Atty. GIL TOP

NOTARY PUBLIC
Until December 31, 2015
PTR No. 050183/Baguio City/01-11-15
Roll of Atty. No. 8121983
IBP Lifetime Membership No. 9031984

Unit Rental Agreement

This is a legally binding agreement. It is intended to promote household harmony by
clarifying the expectations and responsibilities of the homeowner or principal tenant (landlord)
and tenant when they share the same home. All parties shall receive a copy of this document.

Rental Unit Located at

REX CONDOMINIUM, UNIT 45 Diliman, Quezon City

Parties
Landlord/Principal
_____JACK BLACK_______
MARTYN_______

Tenant
_______ COCO

Terms
Length of Agreement: Six Month lease (unless terminated prior)

Rent
P_150,000__, payable monthly on the 1st day of the month, made payable to JACK BLACK
Rent does does not include utilities. If it does not, utility bills will be appropriated as
follows:
Gas/Electricity: Tenant pays _____NA_____% of monthly bill
Water/Garbage: Tenant pays ______NA____% of monthly bill
Phone: Tenant pays ___NA_______% of monthly bill plus personal long distance calls.

Deposits
Last months rent: Paid on ____MARCH 4, 2015___ Amount P 25,000.00___
Security Deposit: Paid on __ MARCH 4, 2015____ Amount P 125,000.00___
The security deposit may be used for the purpose of repairing damage for which the
tenant is responsible (beyond normal wear and tear), cleaning, or paying unpaid rent or utilities.
The Owner and the Renter shall conduct a pre-move out inspection of the rental BEFORE the
Renter moves out at which time the Owner shall inform the Renter of needed repairs. The Renter
shall have the right to make any repairs identified at the pre-move out inspection at his or her
expense before the move out date without deduction from the security deposit.

Quiet Enjoyment
Landlord covenants that on paying the rent and performing the covenants herein
contained, the Tenant shall peacefully and quietly have, hold, and enjoy the premises for the
agreed term.

Condition of the Premises

Tenant stipulates that he has examined the premises, including the grounds and all of the
buildings and improvements and that they are, at the time of this lease, in good order, repair,
and a safe, clean, tenantable condition.

Notice
Either party may, with 60 days written notice to the other party, terminate this Agreement.
This Agreement is entered into this 4th day of March 2015

JACK BLACK
Landlord/Principal

COCO MARTYN
Tenant

Acknowledgement Receipt
[March 4, 2015]

I, Jack Black, Rex Condominium. 14 Street, Diliman, Quezon City, hereby acknowledge the
receipt of the following payment from COCO MARTYN :
1. Twenty-five Thousand Pesos 25, 000.00, (rent payment)
2. One-Hundred Twenty-Five Thousand Pesos (security payment)

JACK BLACK
Recipient

March 30, 2015

DR. VICENTE SOTTO LAW SCHOOL
Tacloban City

This is the tentative list of candidates of graduation. For any correction, please email
[email protected] not later than April 3, 2015.
IMPORTANT: Students whose name is in this graduation list and confirmed their attendance to the
Comencement Exercises on May 30,2015, 1:00 PM should access this link for the instruction for
payment of academic attire http://www.dvsls.edu.ph/registrar.htm/attire

ABARCA, ALEJANDRO
ABILO, PATRICK JOHN
ABRERA, ANNA MARIE
BARRAMEDA, CHRISTOPHER
BRIOL, JOSE
CLAN, EUNICE
DE GUZMAN, MIKEL
DE LA RAMA, JOHANNE
GUILAS, JOKO
GUMBA, GENESIS
LIM, JANICE
MARTYN, COCO
MILAN, IGNATIUS
MUTYA, EDWARD
OBREJO, JOHN
PINAY, COLEEN
PERES, JEREMIAH
REYES, CHELIZA
SANTOS, RALPH
SULLA, MA. FILONILA
TAN, PATRICIA
TOPAS, PAULINA

(sgd)
FERNANDO MARTINEZ

(sgd)
SOZIMA SANCHEZ

College Dean

College Secretary