REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY, BRANCH ___

FRA ANGELICA S. ALEJANDRO,

Plaintiff
CIVIL CASE NO.
-versus- FOR: COLLECTION OF
SUM OF MONEY

JASMIN MICAH JABAL,

Defendant
x----------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENDANT

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief,
as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLMENT
1. Subject to a concrete proposal that is fair and reasonable, defendant is
open to the possibility of amicably settling this dispute.
2. Defendant respectfully submits that the desired terms of any amicable
settlement would involve, first, a clarification of the actual extent of
any obligation due and owing to plaintiff and, second, a schedule of
payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
1. Plaintiff seeks principally to recover P500,000.00 with interest at 1%
per month from November 2015 until whole obligation is paid arising
from a promissory note allegedly executed by defendant on October
12, 2015.
2. Defendant resists plaintiff’s claim on the basis of a subsequent verbal
agreement made between the parties on August 29, 2016 whereby
plaintiff acceded to defendant’s proposed arrangement, under which
plaintiff is to receive 25% of defendant’s monthly net profits from her
fish-vending business until her debt, covering P500,000.00 plus
interest, is fully paid.
3. Defendant also interposed a compulsory counterclaim for P80,000 as
attorney’s fees.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
1. Defendant admits the genuineness and due execution of the
promissory note attached to plaintiff’s complaint but maintains that
she is not liable for the plaintiff’s claim of P500,000.00 plus interest,
 precisely because the parties agreed to an arrangement modifying the
terms by which payment is to be made.
IV. PROPOSED STIPULATION OF FACTS
Defendant proposes the following stipulation of facts:
1. That plaintiff and defendant are childhood friends;
2. That defendant approached plaintiff on October 12, 2015 to borrow
P500,000 to be used as capital for her planned fish-vending business;
3. That defendant’s business venture did not earn well and suffered
losses in the months following the loan, rendering her unable to pay
plaintiff on due date (October 12, 2016);
4. That on August 29, 2016, defendant told plaintiff of her plight as well
as her inability to pay on due date and proposed instead to pay
plaintiff every month, 25% of defendant’s monthly net profits from
her business until her debt is fully paid. Plaintiff verbally agreed to
defendant’s proposed arrangement. Since plaintiff was a good friend
to defendant, the latter relied on the former’s verbal commitment and
deemed it unnecessary to put their subsequent agreement in writing;
and
5. That plaintiff received payment for the months of September and
October 2016, pursuant to their new arrangement, evidenced by two
acknowledgment receipts signed by the plaintiff.
V. ISSUES TO BE TRIED
Defendant submits that the following issues are subject to proof:
1. Whether or not plaintiff is entitled to his claim.
2. Whether or not defendant’s refusal to pay plaintiff’s claim is
justified.
3. Whether or not plaintiff was justified in filing this suit, thereby
compelling defendant to litigate.
VI. EVIDENCE
Defendant intends to present the following witness:
1. Defendant herself, who will testify on the true circumstances
leading to the filing of this suit against her.
Defendant intends to present the following documentary evidence:
2. Two acknowledgment receipts dated September 30, 2016 and
October 31, 2016 representing defendant’s payment to plaintiff
for the months of September and October, pursuant to their new
arrangement, to serve as corroborative evidence to the existence
 of the verbal agreement between the parties on August 29,
2016.
VII. RESORT TO DISCOVERY
Defendant intends to avail of a Request for Admission for the plaintiff
to admit the existence of the August 29, 2016 verbal agreement between her
and defendant modifying the terms by which defendant was to pay off her
loan as well as the genuineness and due execution of the two
acknowledgment receipts dated September 30, 2016 and October 31, 2016
representing defendant’s payment to plaintiff pursuant to their new
arrangement.
Respectfully Submitted.
Pasig City, November 17, 2016.

ATTY. DYAN MARIE A. LUCERO

Counsel for Defendant
16th Floor, ABC Building, España
Ave., Sampaloc, Manila
IBP Lifetime No. 12345; 5/10/2018
PTR No. 12345; 1/10/2020
Roll of Attorney No. 2005-001023
MCLE Compliance No. III – 00088

Copy furnished:
ATTY. RALPH AROMIN
Counsel for Plaintiff
Unit 925, iTower Building, 939 P. Noval St., Sampaloc, Manila