REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
MAKATI CITY
BRANCH 61
BANK OF THE PHILIPPINE
ISLANDS,
Plaintiff,
-versus- Civil Case No. 100845
For: Collection of Sum of
Money
SPS. MA. AURORA LEDESMA
AND JANE DOE,
Defendants.
x------------------------------------x
PRE-TRIAL BRIEF
[For Plaintiff Bank of the Philippine Islands]
PLAINTIFF BANK OF THE PHILIPPINE ISLANDS
(“Plaintiff BPI”, hereinafter), by and through the undersigned Law
Firm, unto this Honorable Court, most respectfully submits the
instant Pre-Trial Brief in the above-captioned case, and in support
thereof, avers: That - -
I.
POSSIBILITY OF ENTERING INTO COMPROMISE AGREEMENT
1
Plaintiff BPI is willing to enter into compromise agreement
under such terms and conditions as may be just, equitable and
allowed by law. Plaintiff BPI will be in a position to state its
minimum demand once it receives a formal proposal from herein
defendants.
II.
BRIEF STATEMENT OF PARTIES’ RESPECTIVE
CLAIMS AND DEFENSES
This is a case for Collection of Sum of Money filed by Plaintiff
Bank of the Philippine Islands (“Plaintiff BPI”, hereinafter) against
herein Defendant Spouses Ma. Aurora Ledesma and Jane Doe
(“Defendant Spouses”, hereinafter).
Plaintiff BPI claims that defendant Ma. Aurora Ledesma
applied for and was issued a BPI Credit Card under Customer No.
0201002000534818 upon her acceptance of the Terms and
Conditions governing the issuance and use of the BPI Credit Card.
Plaintiff BPI maintains that herein defendant spouses availed
themselves of the credit accommodations/facilities under BPI Credit
Card through the use of the same in various accredited
establishments. Through the use of the aforesaid BPI Credit Card,
defendants spouses incurred credit charges with Total Outstanding
Balance (TOB) in the amount of PESOS: TWO HUNDRED FORTY
THOUSAND SIX HUNDRED EIGHTEEN & 41/100 (Php
240,618.41) as per Statement of Account (SOA) dated 21
2
February 2010. However, despite demands from plaintiff BPI,
defendant spouses failed and/or continuously failed to pay and
settle their accounts. Under the terms and conditions governing
the use of a BPI Credit Card, the amount due shall be charged with
a finance charge at the rate of 3.25% and a late payment charge at
the rate of 6% per month from default until the obligation has been
fully paid. Plaintiff also claims attorney’s fees equivalent to 25% of
all amounts due, exclusive of appearance fee for every court
hearing.
By way of defense, defendant spouses contended that the
complaint has no basis and premature. Defendant spouses alleged
that the amounts being collected are inaccurate and bloated.
IV.
PROPOSED STIPULATIONS
Plaintiff BPI is willing to enter into stipulation of facts during
the pre-trial conference, in addition to those already admitted in the
pleadings.
V.
ISSUES
Whether or not defendant spouses are liable to plaintiff BPI
for the amount/s claimed in the complaint.
VI.
WITNESS TO BE PRESENTED
3
Plaintiff BPI intends to present the Account Officer handling
the defendant spouses’ account to prove the allegations of the
complaint. Plaintiff BPI hereby reserves the right to present such
other witnesses as may be needed during the course of the trial.
VII.
DOCUMENTS TO BE MARKED AND PRESENTED
Plaintiff BPI will present the following documents:
1. Defendant Spouses’ BPI Express Credit Card Application
Form;
2. Delivery Receipt of the BPI Credit Card Package
together with the accompanying terms and conditions
printed at the back of the card carrier;
3. Monthly Statement of Accounts/charge slips under the
name of defendant spouses; and
4. Demand Letter dated 03 June 2010.
Plaintiff BPI reserves the right to present such other
documents as may be needed during the trial.
VIII.
APPLICABLE LAWS AND JURISPRUDENCE
Pertinent provisions of the Civil Code of the Philippines, other
relevant laws and the Rules of Court, and Jurisprudence
thereunder.
IX.
AVAILABLE TRIAL DATES
4
Plaintiff BPI and the undersigned counsel may be available for
trial of the instant case on such dates as may be mutually agreed
upon by both parties and their respective counsels, subject to the
convenience and approval of this Honorable Court.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that the instant Pre-Trial Brief for
the Plaintiff BPI be ADMITTED to form part of the records of this
case.
OTHER RELIEFS, just and equitable under the premises, are
likewise most respectfully prayed for.
RESPECTFULLY SUBMITTED. Makati City, 2 February 2011.
SAULOG & DE LEON LAW OFFICES
Counsel for the Plaintiff
BANK OF THE PHILIPPINE ISLANDS
Units 1704 & 1705 88 Corporate Center
141 Valero Street corner Sedeño Street
Salcedo Village, Makati City
Tel Nos. 813-6145, 813-6149, 894-5015, 893-6112, 817-8024
By:
CHRISTIAN GEORGE LLANES MELITANTE
PTR No. 9268499M; 01-10-11; Paranaque City
IBP No. 845316; 01-05-11; PPLM
MCLE Compliance III No: 0008897; 02.25.10
Roll No. 55728
Copy furnished:
ATTY. DOMINGO EGON CAYOSA
Counsel for the Defendant Spouses
No. 1 cayosa Homes Tuguegarao City,
Cagayan
5
EXPLANATION
The instant PRE-TRIAL BRIEF is being filed with this
Honorable Court and a copy thereof is being served upon the
above-named addressee through registered mail with return card
for lack of material time and personnel to effectuate the preferred
mode of service.
CHRISTIAN GEORGE LLANES MELITANTE
