Republic of the Philippines SECOND JUDICIAL REGION REGIONAL TRIAL COURT Branch 2 Tuguegarao City, Cagayan

MILAGROS B. SEGUNTO Plaintiff, -versusANDRES U. BARCENA, Jr., Defendant. x----------------------------------x

CIVIL CASE NO. ___ For: SUM OF MONEY

PRE TRIAL BRIEF PLAINTIFF, by counsel, to the Honorable Court, respectfully submits its pre trial brief as follows:

STATEMENT OF THE CASE

Art. 1159 of the Civil Code provides that; Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. On January 10, 2012, Defendant contracted the services of Plaintiff for the supply and installation of aluminum and tinted glass windows for a total consideration of ONE MILLION PESOS (P1,000,000.00). Defendant, upon signing of the contract, paid the amount of SIX HUNDRED THOUSAND PESOS (P600,000.00) which is the agreed partial payment, the balance to be paid upon full delivery of the supplies and complete installation of the window glasses; Plaintiff completely delivered and completed the installation of the aluminum and tinted glass windows within the stipulated time frame Due to insufficiency of funds, the defendant executed a Promissory Note dated March 10, 2012.

Defendant however defaulted to pay on the date the defendant promised to pay which is within 5 days from the execution of the promissory note; Plaintiff, upon default of payment, sent a demand letter asking the Defendant to make good his promise to pay the balance amounting to FOUR HUNDRED THOUSAND PESOS (P400,000.00). Despite such written demand, Defendant still failed to pay thereby prompting the Plaintiff to bring the matter before the Lupong Tagapamayapa; Before the Lupong Tagapamayapa, both parties executed an agreement to the effect that the Defendant again promised to pay the obligation; Despite such agreement, Defendant still failed to make good his promise to pay, thus prompting Plaintiff to secure a Certificate to File Action.

POSSIBILITY OF AMICABLE SETTLEMENT It is of paramount interest of the Plaintiff to amicably settle the case if the Defendant is willing to pay for the balance of the contract price amounting to FOUR HUNDRED THOUSAND PESOS (P400, 000.00) plus the legal interest and the attorneys fees as prayed.

PROPOSED STIPULATION OF FACTS AND/OR ADMISSION OF FACTS 1. That Plaintiff is a sole proprietor of Segunto Aluminum and Glass Supplies, duly registered and existing under and by virtue of the Philippine Laws with principal business address at #3 Balzain Highway, Tuguegarao City; 2. That Ms. Milagros B. Segunto does not suffer from any impairment of her mental faculties that impairs her legal capacity to enter into a contract or whatever of the same nature; 3. That the signature appearing on the Contract of Sale and Service marked as Annex A is that of Milagros B. Segunto; 4. That the signature appearing on the Delivery Receipt marked as Annex B is that of Mr. Andres U. Barcena, Jr.; 5. That the signature appearing on the Proof of Completion of Service marked as Annex C is that of Andres U. Barcena, Jr.; 6. That the signature appearing on the Promissory Note marked as Annex D is that of Mr. Andres U. Barcena, Jr.; and 7. That the parties entered into an agreement before the Lupong Tagapamayapa, such agreement was marked as Annex G, but the Defendant failed to comply with his promise to pay the amount as demanded by the Plaintiff.

ISSUES TO BE TRIED OR RESOLVED

Whether or not the Defendant is liable for the payment of FOUR HUNDRED THOUSAND PESOS (P400,000.00) representing the balance of the contract price plus the legal interest from the date of delay.

EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED

The following documents are to be presented:

Exhibit A- The duplicate original copy of the Contract of Sale and Service executed by the Plaintiff and the Defendant Exhibit B- The duplicate original copy of the Delivery Receipt received and signed by Mr. Andres U. Barcena, Jr. Exhibit C- The duplicate original copy of Proof of Completion of Service signed by Mr. Andres U. Barcena Jr. Exhibit D The original copy of the Promissory Note signed by Mr. Andres U. Barcena, Jr. as maker Exhibit E The duplicate original copy of the demand letter sent by Suyu Law and Notarial Services dated March 16, 2012 Exhibit F- The original copy of the Registry Receipt with date stamp March 16, 2012 Exhibit G- The duplicate original copy of the agreement executed by the Plaintiff and the Defendant before the Lupong Tagapamayapa Exhibit H The original copy of the Certificate to File Action certified by the Lupon Secretary and attested by the Lupon Chairman of Barangay Balzain, Tuguegarao City

WITNESSES TO BE PRESENTED 1. The Plaintiff herself to testify that she has not been paid the balance of FOUR HUNDRED THOUSAND PESOS (P400,000.00)

2. Lilian Marasigan the Purchasing Officer of Segunto Aluminum and Glass Supplies to testify the fact of execution of Contract of Sale and Service 3. Myles del Rosario to testify on the fact of the complete delivery and installation of aluminum frame and glass windows of the three -storey apartment of Mr. Andres U. Barcena, Jr.

The testimonies of the witnesses would not consume more than 15 minutes on direct examination, and another 15 minutes on the cross examination.

DATES OF HEARING

The Plaintiff would depend upon the dates agreed upon during the pre trial.

RESPECTFULLY SUBMITTED. Tuguegarao City 24th November 2012

ATTY. RICHARD L. SUYU 2ND Floor Laggui Bldg., Caritan Centro, Tuguegarao City MCLE Compliance No. III IBP No. 111508 Issued on Dec. 31, 2008 PTR No. 2513329 Issued on Jan. 2, 2003 Roll No. 16423

Copy furnished by personal service: Counsel for the Defendant

Received by: ______________

Date: ___________