Pre Trial Brief

REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT IN CITIES

BRANCH 3, BACOLOD CITY
-oOoSEVERO LASTIMOSO,
Plaintiff,
-versus-
CIVIL CASE No. 28113

FOR: Sum of Money with Damages
DOMINADOR CARMONA,
Defendant.
X--------------------X
PRE-TRIAL BRIEF
(for the Plaintiff)
COMES NOW, Plaintiff through the undersigned counsel to this
Honorable Court, most respectfully submits this pre-trial brief, to wit:
FACTS OF THE CASE
This is a case for collection of a sum of money with damages.
Plaintiff was previously hired as a plantilla casual worker of the City
of Bacolod, and was assigned to the Clean and Green Section of the
Department of Public Services (DPS) during the administration of
Mayor Evelio Leonardia. When the term of Mayor Evelio Leonardia
ended, the administration of Mayor Oscar Verdeflor continued the
employment of the Plaintiff, this time as a job order casual, assigned
to the same section and Department.
When former Mayor Oscar Verdeflor was disqualified as Mayor of
Bacolod City for being an American citizen towards the latter part of his
term, his Vice Mayor Luzviminda Valdez took over as acting Mayor, and
was eventually elected the new mayor the following elections.
During this time, particularly sometime in June of 2001,
Defendant Dominador Carmona, acting on his own as department head
of the DPS, retained Plaintiff in his position in the Clean and Green
Section of the department assuring him that the Honorable City Mayor
will confirm the aforesaid retention.
Relying upon the promise of the herein Defendant, Plaintiff
continued working for the city. However, after two (2) months of
continuous and hard work, Plaintiff was not paid his salaries on
schedule (that is June and July 2001). It was only on August 2001 that
he was paid his salary for the month of June, while it was only in the
month of September of that year that he was paid his salary for the
months of July and August.
At that time, herein Plaintiff received a monthly salary of FOUR

THOUSAND EIGHT HUNDRED (Php 4,800.00) PESOS.
Due to the delayed payment of his salaries, Plaintiff decided to
quit working on September 2001. However, Defendant, without the
requisite appointment paper from the City Mayor who is the only officer
in the local government unit authorized to appoint casual employees,
induced the Plaintiff not to stop working and remain in the position for
the reason that the city needs his services. Defendant told Plaintiff that
the Masskara Festival was forthcoming and the evaluators of the
Clean and Green Contest of the National government will be coming
soon, thus the department needed manpower to work double time as
preparation for the Masskara Festival and the Clean and Green
Contest.
Acceding to the request of the Defendant for him to continue
working and due to the Defendants promises that Plaintiffs retention
will be approved, herein Plaintiff continued working for the city. He was
assigned at the vicinity of the Rizal Park, Awing, Bacolod City, as well
as in other sports along the airport and in the area of the Burgos Public
Cemetery.
For several times, Defendant would even request the Plaintiff and
his c-employees in the Clean and Green Section to work even at night
and even when it was raining. At several instances, herein Plaintiff and
this son-in-law, Mario Osa were even picked by herein Defendant from
their residence in the middle of the night for rush or urgent work.
Still at one instance, Plaintiff even lost his bicycle just attending
to the requests of herein Defendant.
However, despite the rendition of actual, diligent and hard
service of herein Plaintiff, he was not given up to now his salary for the
two (2) months of September and October 2001. Neither was the
Plaintiff issued appointment papers by the City Mayor for those two (2)
months as promised by Defendant. Several times, Plaintiff would go to
the Defendant asking for his salary, and all that the Defendant could
say was that he was sorry that the new City Mayor did not retain his
services. Being poor, and with a family of grandchildren to feed, toe (2)
months of salary mean a lot to the Plaintiff. In desperation, herein
Petitioner has even gone to the media to articulate his travail. Despite
several demands to herein Defendant for his salary, herein Defendant
refused and continues to refuse the Plaintiffs salaries for the month of
September and October 2001. Finally demand was made, instead of
sincerely and honestly facing up to his obligations, Defendant sent a

threatening letter to the Plaintiff.
ISSUES
1.
Whether or not Plaintiff is entitled to the payment of his
salary from September to October 2001, WHICH DEFENDANT MUST PAY

TO PLAINTIFF IN HIS (DEFENDANTS) PERSONAL CAPACITY, pursuant to
the pertinent provision/s of the State Audit Code of the Philippines?
2.
Whether or not Plaintiff is entitled for the damages sought
for in his Complaint?

EXHIBITS
1.
Demand Letter of the Plaintiff to the Defendant dated July
8, 2002.
2.
Certificate of
Commendation issued to the Plaintiff by
Mayor Evilio Leonardia.

3.
Certificate of Commendation issued to the Plaintiff by
Mayor Oscar Verdeflor.

4.
Certificate of Recognition issued to the Plaintiff by the
Rotary Club of Bacolod- West.

5.
Daily Time Record of the Plaintiff from September 1, 2001
to September 30, 2001.

6.
Daily Time Record of the Plaintiff from October 1, 2001 to
October 31, 2001.

7.
Certificate of Indigency issued to the Plaintiff by the
punong barangay of Barangay 14, Bacolod City.

Reservation is made for additional documents to be presented
should the same prove to be necessary in the course of the case.
WITNESSES TO BE PRESENTED
1.
The Plaintiff himself shall be presented as witness to
establish the factual allegations in his complaint.

Reservation is made for more witnesses should the need for the
same arises in the hearing of the case.
STIPULATION OR ADMISSION OF FACTS
1.
Plaintiff was employed as plantilla casual worker by the
City of Bacolod and was assigned to the Clean and Green Section of
the Department of Public Services (DPS) during the administration of

Mayor Evelio Leonardia.
2.
Plaintiff was employed as job order casual by the City of
Bacolod and continued to be assigned to the Clean and Green Section

of the Department of Public Services (DPS) during the administration of
Mayor Oscar Villaflor.
3.
Plaintiff continue to be employed as job order casual
worker by the City of Bacolod when Mayor Joy Valdez took over as City
Mayor. and was still assigned to the Clean and Green Section of the
Department of Public Services (DPS) on June and August of 2001.
4.
As of
June of 2001, Plaintiffs monthly salary is FOUR
THOUSAND EIGHT HUNDRED (Php 4,800.00) PESOS.

5.
Defendant was the department head of the of the
Department of Public Services (DPS) from June 2001 up to October

2001.
6.
On June 2001, Defendant retained the services of the
Plaintiff in his position in the Clean and Green Section of the DPS.
7.
On June 2001, Defendant assured the Plaintiff that the City
Mayor will confirm the latters retention in his position in the Clean and
Green Section of the DPS.
8.
Plaintiff received his salary for the month of June 2001 on
August 2001.
9.
Plaintiff received his salary for the months of July and
August 2001 on September 2001.

10.
When the Plaintiff decided to stop working for the City of
Bacolod on September 2001, Defendant induced the Plaintiff not to

stop working and to remain in his position.
11.
Plaintiff continued working with the City of Bacolod in the
same section and department in September and October 2001.

12.
On September and October 2001, Plaintiff was assigned at
the vicinity of the Rizal Park, Awing, Bacolod City as well as in other
spots along the airport and the area of the Burgos Public Cemetery.
13.
Plaintiff was never paid for his services by the City of
Bacolod for the months of September and October 2001.

APPLICABLE LAWS AND JURISPRUDENCE
1.
State Audit Code of the Philippines
2.
Related provisions of the Civil Code of the Philippines;
3.
Other related laws and jurisprudence
Respectfully submitted this ___ day of July, 2003 at Bacolod City,

Philippines.
LYNDON P. CAA
2nd
Copy furnished:
CITY LEGAL OFFICE
2nd Floor, City Hall Building
Luzuriaga Street, Bacolod City
Counsel for the Defendant
IBP ROLL NO. 36621

IBP NO. 563228, 01-01-03
PTR NO. 1164098, 01-01-03
Bacolod City
Gate Annex, Acacia Cor. Birch Rd.
Villa Angela I-C Villamonte
Bacolod City, 6100
Tel. No. 432-0516/433-0767(fax)

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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

CIVIL CASE No. 28113

At that time, herein Plaintiff received a monthly salary of FOUR

sincerely and honestly facing up to his obligations, Defendant sent a

Whether or not Plaintiff is entitled to the payment of his

salary from September to October 2001, WHICH DEFENDANT MUST PAY

Whether or not Plaintiff is entitled for the damages sought

for in his Complaint?

Demand Letter of the Plaintiff to the Defendant dated July

Commendation issued to the Plaintiff by

Mayor Evilio Leonardia.

Certificate of Commendation issued to the Plaintiff by

Mayor Oscar Verdeflor.

Certificate of Recognition issued to the Plaintiff by the

Rotary Club of Bacolod- West.

Daily Time Record of the Plaintiff from September 1, 2001

to September 30, 2001.

Daily Time Record of the Plaintiff from October 1, 2001 to

October 31, 2001.

Certificate of Indigency issued to the Plaintiff by the

punong barangay of Barangay 14, Bacolod City.

The Plaintiff himself shall be presented as witness to

establish the factual allegations in his complaint.

Plaintiff was employed as plantilla casual worker by the

the Department of Public Services (DPS) during the administration of

Plaintiff was employed as job order casual by the City of

Bacolod and continued to be assigned to the Clean and Green Section

Plaintiff continue to be employed as job order casual

June of 2001, Plaintiffs monthly salary is FOUR

THOUSAND EIGHT HUNDRED (Php 4,800.00) PESOS.

Defendant was the department head of the of the

Department of Public Services (DPS) from June 2001 up to October

On June 2001, Defendant retained the services of the

On June 2001, Defendant assured the Plaintiff that the City

Plaintiff received his salary for the month of June 2001 on

Plaintiff received his salary for the months of July and

August 2001 on September 2001.

When the Plaintiff decided to stop working for the City of

Bacolod on September 2001, Defendant induced the Plaintiff not to

Plaintiff continued working with the City of Bacolod in the

same section and department in September and October 2001.

On September and October 2001, Plaintiff was assigned at

Plaintiff was never paid for his services by the City of

Bacolod for the months of September and October 2001.

State Audit Code of the Philippines

Related provisions of the Civil Code of the Philippines;

Other related laws and jurisprudence

Respectfully submitted this ___ day of July, 2003 at Bacolod City,

IBP ROLL NO. 36621

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