REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

REGIONAL TRIAL COURT
CITY, BRANCH

BANK OF MAKATI,
(A SAVINGS BANK, INC.),
Plaintiff,

-versus-

Defendant.

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PRE-TRIAL BRIEF
PLAINTIFF, by counsel respectfully states, that:

BRIEF STATEMENT OF THE CASE

1. Defendant obtained a Consumer, Power Payday Loan in the amount

of Php724,448.15 together with interest and other collection charges from
plaintiff. Thereafter, defendant executed Promissory Note No. 1and agreed
to the terms and conditions stipulated therein.

2. By the terms and conditions of the aforesaid Promissory Note,

defendant undertook to pay her loan, with interest at the rate of 1.69% per
month expressed as Add-on Rate. If the defendant is in default, such default
shall have the following effects, alternative, concurrent, and cumulative with
each other: (a) Failure on defendant part to pay any installment on or before
the due date of an installment shall entitle the Plaintiff to collect P300.00 per
month as late payment charge. After three (3) consecutive months of non-
payment or when the total arrearages reaches twenty percent (20%) of the
total outstanding balance of the loan, plaintiff shall collect the penalty
charges at the rate of three percent (3%) per month based on the entire
obligation represented by this Note or P300.00 per month, whichever is
higher. When the due date of the LOAN or any installment thereof falls on a
holiday, weekend or non-working holiday, the due date shall be understood
to mean the business day immediately preceding such date; (b) It is further
agreed that if upon such default, the services of an attorney or collection
agency or that of a third person are availed of, an additional sum equivalent
to twenty-five percent (25%) of the total sum thereon, which shall not be
less than one thousand pesos, shall be paid to the holder hereof plus a further
sum equivalent to twenty-five percent (25%) of the total sum due which

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likewise shall not be less than one thousand pesos for liquidated damages
aside from the expenses of the collection, legal costs and other charges or
disbursements allowed by law. Plaintiff waive all the rights and powers
under Sec. 13, Rule 39 of the Rules of Court; (c) Acceptance by the plaintiff
of payment of any installment or any part thereof after due date shall not be
considered as extending for the time for the payment of any of the
installments or as a modification of any of the terms and conditions hereof.
Any increase or decrease in the interest rate or amortization, or any
extension of the term in accordance with the foregoing shall not in any way
be deemed as a novation or amendments of the obligation herein or under
related documents shall not operate as a waiver thereof unless made in
writing. The rights and remedies herein provided shall be cumulative and
may be exercised singly or concurrently and shall not be exclusive of any
right or remedy provided by law.

3. However, defendant defaulted in the payment of her obligation,

and, despite repeated demands, still fail and continue to fail and refuse in the
payment of her outstanding obligation despite written demand.
STATEMENT OF THE ISSUE
Whether or not plaintiff is entitled to its claim and for damages.

SUMMARY OF DOCUMENTARY EXHIBITS

1. Exhibit “A” and “B” - Corporate Secretary’s Certificate and

Special Power of Attorney, respectively.
2. Exhibits “C” to “C-3” - Credit Application Form for Consumer
Loan.
3. Exhibit “D”– Promissory Note with Assignment of Assets dated
June 28, 2016.
4. Exhibit “E” - Disclosure Statement dated June 28, 2016.
5. Exhibit “F” - Loan Disbursement Slip dated June 28, 2016.
6. Exhibit “G” - Statement of Account dated January 23, 2017.
6. Exhibit “H” to “H-3” - Demand Letters July 4, 2017 with Proof of
receipts.

The foregoing Exhibits will be adduced in evidence to prove

plaintiff’s claim.

WITNESSES TO BE PRESENTED

Plaintiff will present at least one (1) witness to prove the allegations in
the Complaint.

STIPULATION OF FACTS

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 Plaintiff is willing to stipulate facts not covered by the admissions in
the pleadings.

APPLICABLE LAWS

1. Article 1167 and Article 1170 of the New Civil Code and other
pertinent provisions thereof.
2. 1997 Rules of Civil Procedure, as amended.
3. Applicable jurisprudence and legal principles.

COMPROMISE

Plaintiff is open and willing to any reasonable proposal for

settlement and the case be referred to mediation.

RESERVATIONS

Plaintiff respectfully reserves the right to amend the pre-trial brief,

including but not limited to the presentation of additional witnesses, issues,
and documents as the exigencies of the trial may warrant.

Makati City, September 18, 2017.

EXPLANATION

Undersigned counsel caused the service through registered mail of a

copy of the foregoing Pre-trial Brief upon defendant in view of time
constraints, distance, and inadequate messengerial personnel, making
personal service impracticable.