You are on page 1of 4

Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES MANDAUE CITY Branch 3 724 CARE INC.

, Plaintiff, versus CIVIL CASE: 6739 FOR: DAMAGES FOR BREACH OF CONTRACT & ATTYS FEES

CRISMARK ARCHIVAL, Defendant. x---------------------------------------x PRE-TRIAL BRIEF (For the Defendant)

DEFENDANT, by counsel and by way of special appearance and unto this Honorable Court, most respectfully states that pending the resolution of herein defendants Motion for Preliminary Hearing on Affirmative Defenses filed on September 24, 2012, defendant submits this Pre-Trial Brief for purposes of compliance: WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT Defendant is open and willing to enter into an amicable settlement or compromise. ALTERNATIVE MODES OF DISPUTE RESOLUTION Defendant is willing to submit itself to mediation and other alternative modes of dispute resolution.

BRIEF STATEMENT OF DEFENSE Defendant prays for the dismissal of the complaint on the grounds of Improper Service of Summons, lack of Verification and Certification Against Forum Shopping, defective Board Resolution and unsigned Secretarys Certificate, thereby granting this Honorable Court no jurisdiction over the defendant, the Complaint and the Plaintiff. PROPOSED STIPULATION OF FACTS Defendant requests Plaintiff to admit the following facts:
Page 1 of 4

Defendant was hired by plaintiff on October 29, 2010 as a Customer Sales Representative, through a Project Employment Contract. When the sixmonth period is about to lapse, plaintiff let defendant sign a document dubbed as the Probationary Employment Contract where defendant was made a Sourcing Associate effective until October 30, 2011. When the latter date came, plaintiff then again let defendant sign, an employment contract for the position of Customer Sales Representative. With plaintiffs potential to circumvent employees rights particularly security of tenure, defendant tendered his resignation to prevent further damage caused. Naturally however, plaintiff refused to accept his resignation. Thus, the subject of this instant complaint. ISSUES Defendant respectfully submits that the issues in this case are: 1. Was Summons properly served? 2. Whether or not this Complaint must be dismissed for lack of Certification against Forum Shopping. 3. Whether or not this Honorable Court has jurisdiction over the plaintiff for utterly defective Board Resolution and unsigned Secretarys Certificate. 4. Whether or not plaintiff are entitled to the reliefs prayed for. LIST OF EXHIBITS TO BE PRESENTED Defendant will present the following exhibits: 1. The copy of the Complaint itself as received by defendant to prove the lack of Certification Against Forum Shopping and therefore a mere scrap of paper; 2. The defective Board Resolution to prove that such was antedated, meaning, there was already authorization given prior to the date when the cause of action arose. Also to prove that plaintiff fails to establish that the members of the BOD who are signatories on
Page 2 of 4

August 2011 are still the same BOD when the alleged cause of action against the defendant arose; 3. The Secretarys Certificate of one Almira Barcenas but signed by Chareez Sol Aguirre as the Affiant to prove that such document is defective and useless.

WITNESSES TO BE PRESENTED 1. The defendant herein is willing to take the stand and become a witness for his cause and to testify on the material allegations, special and affirmative defenses and the denials in his Answer; 2. The defendant reserves the right to present additional witnesses when the need arises in the course of the proceedings; Defendant will need at least thirty minutes (30 mins.) per witness, exclusive of cross-examination, rebuttal and sur-rebuttal evidence. ADMISSIONS The defendants have no admissions to make except those already stated in his Answer to the Amended Complaint. RESERVATION Defendant expressly reserves the right to present such additional witnesses and other exhibits and evidence as the exigencies of the trial may require. SPECIFIC TRIAL DATES It is respectfully requested that the trial dates be set during the pretrial conference to dates most convenient to this Honorable Court and to all the parties. MOST RESPECTFULLY SUBMITTED. MANDAUE CITY, Philippines, October 11, 2012.

Page 3 of 4

MENDOZA LAW OFFICE Suite 3E, JL Building, Don Jose Avila St., Capitol Site, Cebu City Telephone number (032) 266-0516/ 09228348060 Atty. Kim Grace Mendoza Roll of Attorney Number 54816 PTR Receipt Number 10147655 January 2, 2012, Cebu City IBP Receipt Number 858630 January 2, 2012, Cebu City MCLE Compliance Number III-0012441 April 19, 2010 attykgm@gmail.com Atty. Annavie E. Bacomo-Lapitan Roll of Attorney Number 60010 PTR Receipt Number 10959166 March 11, 2012, Cebu City IBP Receipt Number 893870 March 19, 2012, Pasig City MCLE Exempt attyannavie@gmail.com Copy Furnished: Atty. Dominador Cafe c/o 247 Care Lending Inc. 2nd Floor, A.D. Gothong I.T. Center Bldg., Subangdaku, 6014, Mandaue City, Philippines

Page 4 of 4

You might also like