Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 132 Makati City

RAMON ZAMORA CRUZ III, Plaintiff, - versus CEBU PAK AIR PHILS., INC., Defendant. x --------------------------------- x Civil Case No. 01-2012 For: Damages

PRE-TRIAL BRIEF

PLAINTIFF, by counsel, respectfully submits his PRE-TRIAL BRIEF, as follows: I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1 Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from the Defendant, Plaintiff is open to the possibility of amicably settling this dispute. 1.2 Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, Plaintiff submits that the desired terms of any amicable settlement would involve, first, ---II. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

2.1

Defendant admits the personal circumstances of the Plaintiff as stated in the Complaint;

2.2

Defendant admits the personal circumstances of the Defendant as stated in the Plaintiffs Complaint;

2.3

Defendant admits the existence and due execution of the Cebu Pak Air Phils., Inc.s Round Trip Ticket;

2.4

Defendant admits the existence of the letter invitation given to the Plaintiff by the Chairman of the JCI;

2.5

Defendant admits the existence of the Microtel Inn & Suites Billing Invoice No. CSB-0003889 with a notation that the same was under the name of Anthony G. Villarama and was dated 20 July 2012;

2.6

Defendant admits the existence, due execution and authenticity of the Affidavit executed by Anthony G. Villarama;

2.7

Defendant admits the existence, due execution and authenticity of the Complimentary Ticket issued to the Plaintiff by Cebu Pak Air Phils., Inc.;

2.8

Defendant admits the presence of the British national, Arthur Brown, and the payment given by the Defendant for accommodation expenses with a notation that the same was paid by virtue of the redemption promo of the Defendant;

2.9

Defendant admits the presence of the American national, Jilly Jones, and the payment given by the Defendant for accommodation expenses with a notation that the same was paid by virtue of the redemption promo of the Defendant;

2.10 Defendant admits the existence of the airport technical glitch that occurred; 2.11 Defendant admits the existence of the fact that Oscar Oyda is the Defendants employee and is the one incharge of the cancelled flights; 2.12 Defendant admits the fact that Oscar Oyda initially gave cash assistance of Eight Hundred Pesos (P800.00); 2.13 Defendant admits the time when the flight to Surigao City resumed, i.e. 1:45 oclock in the afternoon of 21 July 2005 III. ISSUES TO BE TRIED OR RESOLVED 3.1 Plaintiff submits the following issues: 3.1.1 Defendant is responsible for the delay 3.1.2

IV.

DOCUMENTS OR EXHIBITS TO BE PRESENTED 4.1 Plaintiff intends to present the following documents: 4.1.1 Exhibit A: Cebu Pak Air Phils., Inc. Round Trip Ticket; 4.1.2 Exhibit B: Letter Invitation given to Plaintiff by the Chairman of the JCI; 4.1.3 Exhibit C: Microtel Inn & Suites Billing Invoice Receipt No. CSB-0003889; 4.1.4 4.1.5 Exhibit D: Affidavit of Anthony G. Villarama; Exhibit D-1: Signature of Anthony G. Villarama found in the lower right side of the Affidavit;

4.1.6

Exhibit E: Complimentary Ticket issued by Cebu Pak Air Phils., Inc.

4.2

Plaintiff reserves the right to present any and all documentary evidence which shall become relevant in the course of trial.

V.

RESORT TO DISCOVERY 5.1 Considering the relatively simple issues presented,

Plaintiff does not intend to avail of discovery at this time. 5.2 Subject, however, to a concrete and reasonable request for discovery from Defendant, Plaintiff reserves the right to resort to discovery before trial. VI. NUMBERS AND NAMES OF WITNESSES 6.1 Plaintiff intends to present the following witnesses: 6.1.1 Plaintiff himself who will testify on the true circumstances leading to the filing of the suit. 6.1.2 A co-passenger, Anthony G. Villarama, who has personal knowledge as to the true circumstances of the delayed flight and the refusal of Defendant to accommodate them. 6.2 Plaintiff reserves the right to change his witnesses and/or present additional witnesses, if necessary. RESPECTFULLY SUBMITTED. Makati City; 27 July 2012. CCDGV LAW OFFICES Counsel for the Plaintiff 27F The Infinity Towers, 26th Street, Fort Bonifacio Global City, Taguig City Telephone Numbers: 811-9910 to 15

By: WARREN B. CONCEPCION Roll of Attorney: 678932 IBP No. 823415; 05-06-2013; Marikina City PTR No. 6234563; 05-03-2013; Marikina City MCLE Exempted

MARIA CORAZON D. GARCIANO Roll of Attorney: 678989 IBP No. 824617; 05-15-2013; Marikina City PTR No. 6242312; 05-12-2013; Marikina City MCLE Exempted

ANTHONY G. VILLAMOR Roll of Attorney: 679101 IBP No. 814426; 04-28-2013; Pasay City PTR No. 7083456; 04-29-2013; Pasay City MCLE Exempted

Copy Furnished through Personal Service: MANUEL JEFFREY DAVID Counsel for the Defendant