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    Pre Trial Defendant Draft

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    MaryBaleza
    This document is the pre-trial brief submitted by the defendants Spouses Paris and Helen De Troy in a civil case regarding the sale of a vehicle. The plaintiff claims she fulfilled her obligations under the deed of conditional sale, while the defendants argue she still owes 45,000 pesos. The brief proposes limiting the issues to whether the full price was paid and if the defendants must transfer ownership. It also lists proposed stipulations of fact, witnesses to be presented including the defendants and a third party, and the promissory note signed by the plaintiff as an exhibit.

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    © All Rights Reserved
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    Pre Trial Defendant Draft

    Uploaded by

    MaryBaleza
    123 views3 pages
    This document is the pre-trial brief submitted by the defendants Spouses Paris and Helen De Troy in a civil case regarding the sale of a vehicle. The plaintiff claims she fulfilled her obligations under the deed of conditional sale, while the defendants argue she still owes 45,000 pesos. The brief proposes limiting the issues to whether the full price was paid and if the defendants must transfer ownership. It also lists proposed stipulations of fact, witnesses to be presented including the defendants and a third party, and the promissory note signed by the plaintiff as an exhibit.

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    SAMPLE OF PRE TRIAL BRIEF.

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    This document is the pre-trial brief submitted by the defendants Spouses Paris and Helen De Troy in a civil case regarding the sale of a vehicle. The plaintiff claims she fulfilled her obligations under the deed of conditional sale, while the defendants argue she still owes 45,000 pesos. The brief proposes limiting the issues to whether the full price was paid and if the defendants must transfer ownership. It also lists proposed stipulations of fact, witnesses to be presented including the defendants and a third party, and the promissory note signed by the plaintiff as an exhibit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    123 views3 pages

    Pre Trial Defendant Draft

    Uploaded by

    MaryBaleza
    This document is the pre-trial brief submitted by the defendants Spouses Paris and Helen De Troy in a civil case regarding the sale of a vehicle. The plaintiff claims she fulfilled her obligations under the deed of conditional sale, while the defendants argue she still owes 45,000 pesos. The brief proposes limiting the issues to whether the full price was paid and if the defendants must transfer ownership. It also lists proposed stipulations of fact, witnesses to be presented including the defendants and a third party, and the promissory note signed by the plaintiff as an exhibit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT


    Fifth Judicial region
    Branch 10
    Legazpi City, Albay

    ,
    ANITA HUGO,
    Plaintiff
    CIVIL CASE NO. 12356
    -versus- FOR: SPECIFIC PERFORMANCE
    WITH DAMAGES.
    SPOUSES PARIS AND HELEN DE TROY
    Defendants.
    x-------------------------------------------x
    DEFENDANTS PRE-TRIAL BRIEF
    NOW COMES DEFENDANTS, SPOUSES PARIS AND HELEN DE TROY through
    the undersigned law office most respectfully submits their pre-trial brief as follows:

    I. BRIEF STATEMENT OF THE CASE

    Plaintiff and Defendant on June 12, 2016 executed a Deed of Conditional Sale
    involving a motor vehicle, Toyota Innova. Defendant under the said Deed of Conditional
    Sale bound itself to pass unto the Plaintiff full ownership of the motor vehicle as well as the
    possession thereto to herein Plaintiff upon fulfillment of the condition stipulated in the said
    Deed. Defendant further obligate themselves to surrender the Original Official Registration
    (OR)) and Certificate of Registration (CR) to Plaintiff upon such fulfillment.

    Plaintiff alleges that she has fulfilled the obligations set forth in the Deed of Conditional
    Sale. Defendant on the other hand claims that Plaintiff has not fully paid the balance amount of
    P 45,000.00 and is therefore under no obligation to surrender ownership, possession and
    pertinent documents of the said motor vehicle.

    II. STATEMENT OF WILLINGNESS TO ENTER INTO


    AMICABLE SETTLEMENT

    Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation
    from the Plaintiff, Defendant is open to the possibility of amicable settling of this
    dispute.

    III. PROPOSALS FOR STIPULATIONS

    Plaintiffs are invited to enter into a stipulation of facts as to the truth of the following:

    DEFENDANTS PRE-TRIAL BRIEF


    Page 1 of 3
    1. That Plaintiff on June 12, 2016 paid Defendant the amount of P 255,000.00 as
    initial payment of the whole consideration of P 500,000.00;

    2. That on June 18, 2016 Plaintiff talk to Defendant, Helen De Troy and asked for a
    loan of P 45,000.00;

    3. That Plaintiff on July 23, 2016 paid Defendant the amount of P 245,000.00 as full
    payment of the balance P 245,000.00;

    4. That Plaintiff because of he borrowed money amounting to P 45,000.00 Plaintiff


    has not fully paid the full purchased price and Defendant is under no obligation
    to transfer ownership, possession and surrender of pertinent documents to which
    Plaintiff seeks.

    IV. ISSUES

    Defendant Santiago proposes the limitation of the issues to the following:

    1. WHETHER OR NOT PLAINTIFF HAS PAID THE FULL AMOUNT OF THE


    PURCHASED PRICE.
    2. WHETHER OR NOT DEFENDANT IS UNDER THE OBLIGATION TO
    TRANSFER OWNERSHIP, POSSESSION AND SURRENDER PERTINENT
    DOCUMENTS IN FAVOR OF PLAINTIFF.

    V. DOCUMENTS TO BE PRESENTED

    1. PROMISSORY NOTE EXECUTED BY ANITA HUGO Exhibit 1

    VI. WITNESSES

    Defendant intends to present the following witnesses:

    1. PARIS DE TROY - To substantiate the material allegations in this case. The


    direct testimony will take about 10 minutes considering that this is already covered by
    Judicial Affidavit Rule.
    2. HELEN DE TROY - To substantiate the material allegations in this case. The
    direct testimony will take about 10 minutes considering that this is already covered by
    Judicial Affidavit Rule.
    3. ATHENA CRUZ - As witness, To prove that on June 18, 2016 Plaintiff
    borrowed money from Defendant, Helen De Troy in the amount of P 45,000.00

    VII. TRIAL DATES

    DEFENDANTS PRE-TRIAL BRIEF


    Page 2 of 3
    Undersigned counsel will be available on trial dates as may be agreed by the parties
    with due notice and approval of the Honorable Court.

    RESPECTFULLY PRAYED AND SUBMITTED.

    September 03, 2016. Legazpi City.

    Atty. ISKO ANTONIS


    IBP No: 0000/04January2016/Albay Chapter
    PTR NO: 58889/04January2016/Albay Chapter
    MCLE Compliance No. IV-0009552/02-Nov2012
    MCLE Compliance No. V-111111/2Feb2015

    Copy Furnished: (By Registered Mail)

    Explanation for Service by Registered Mail: Due to time and distance service of this
    pleading was made to the adverse party by REGISTERED MAIL with Return Card, as
    follows:

    Post Office: ________________


    GUERRERO LAW OFFICE
    Registry Receipt No: ________
    Brgy. Gogon, Legaspi City, Albay Date: ______________________

    Atty. JEROME MENDOZA

    DEFENDANTS PRE-TRIAL BRIEF


    Page 3 of 3

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