REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

City of Iloilo
Branch 2

HERA DONITA ARFARF,

Plaintiff,
- versus -

Civil Case No. 123456

For: Collection of sum of money

MIDAS YAKULT MEOW,

Defendant.
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PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief for
compliance with this Honorable Courts order on November 20, 2014, as
follows:
I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE
SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Provided that plaintiff is open to settling this dispute amicably,
subject to a concrete proposal that is fair and reasonable from and a
reciprocal manifestation of openness from defendant,
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,
plaintiff respectfully submits that the desired terms of any amicable
settlement would involve, first, an admission of amount due and owing to
plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1 That Defendant admits that he loaned money in the amount of
ONE HUNDRED FIFTY THOUSAND PESOS (P150, 000.00) on August 1,
2014.

2.2 Plaintiff claims that defendant failed to pay the amount loaned of
ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) on August 1,
2014.
2.3 Defendant raise as a defense that payment was already made to
Mimi Arfarf, of legal age, daughter of herein plaintiff, on October 1, 2014 in
the residence of the plaintiff because plaintiff was not present in her house.
2.4 That Mimi Arfarf gave a receipt to the defendant as proof of
receipt of payment.
2.5 That Mimi Arfarf and herein defendant signed the said receipt in
the presence of Fifi Arfarf, son of plaintiff, and John Lloyd Cruz and Robert
Downey Jr., friend of the defendant.
2.6 That Defendant did not receive any demand letter from the
Plaintiff on the dates that plaintiff stated.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer such as
the loan of the money in the amount of ONE HUNDRED FIFTY
THOUSAND PESOS (P150,000.00) on August 1, 2014.
3.2 Defendant admits that the date of payment was on October 1,
2014.
3.3 Defendant admits that he and the plaintiff are classmates since
kindergarten.
IV. STATEMENT OF FACTUAL AND LEGAL ISSUE
Whether or not the loan was paid and its corresponding legal interest.

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Mr. John Lloyd Cruz , to establish that the plaintiffs daughter
and defendant actually met at the residence of the plaintiff and defendant
paid the plaintiffs daughter in the amount of One Hundred Fifty Thousand
Pesos (P150,000.00);
5.1.2 Mr. Robert Downey Jr., to establish that the plaintiffs daughter
and defendant actually met at the residence of the plaintiff and defendant
paid the plaintiffs daughter in the amount of One Hundred Fifty Thousand
Pesos (P150,000.00);
5.1.3 Kiwi Piologo, security guard of the plaintiff, to establish that
defendant went to the plaintiffs residence on October 1, 2014 to pay the
said amount loaned.
5.2. Documentary Evidence in the form of receipt issued by the
plaintiffs daughter for the defendant.
5.3. Plaintiff reserves the right to present any and all documentary
evidence, which shall become relevant to rebut defendants claims in the
course of trial as well as any other witnesses whose testimony will become
relevant to belief defendants witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff
does not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for

discovery from defendant, plaintiff reserves the right to resort to discovery
before trial.

VII. AVAILABLE TRIAL DATES

December 5, 2014, December 8, 2014, December 12, 2014, and
January 5, 2014.
RESPECTFULLY SUBMITTED.
Wenceslao de la Paz B, November 29, 2014 .

THE FIRM LAW FIRM

Counsel for the Plaintiff
Wenceslao de LaPaz B, University of San Agustin
Iloilo City

By:

DONI JUNE V. ALMIO

IBP # 605482 1/8/14 Iloilo City
PTR # 0417576 1/8/14 City
ROA 30724
MCLE Compliance No. II 01-23455

Copy Furnished:
By Personal Service
Atty. Vanity Gail Trivelegio
Wenceslao de LaPaz A, University of San Agustin
Iloilo City