Republic of the Philippines

REGIONAL TRIAL COURT

Fifth Judicial region
Branch 10
Legazpi City, Albay

,
ANITA HUGO,
Plaintiff
CIVIL CASE NO. 12356
-versus- FOR: SPECIFIC PERFORMANCE
WITH DAMAGES.
SPOUSES PARIS AND HELEN DE TROY
Defendants.
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DEFENDANTS PRE-TRIAL BRIEF
NOW COMES DEFENDANTS, SPOUSES PARIS AND HELEN DE TROY through
the undersigned law office most respectfully submits their pre-trial brief as follows:

I. BRIEF STATEMENT OF THE CASE

Plaintiff and Defendant on June 12, 2016 executed a Deed of Conditional Sale
involving a motor vehicle, Toyota Innova. Defendant under the said Deed of Conditional
Sale bound itself to pass unto the Plaintiff full ownership of the motor vehicle as well as the
possession thereto to herein Plaintiff upon fulfillment of the condition stipulated in the said
Deed. Defendant further obligate themselves to surrender the Original Official Registration
(OR)) and Certificate of Registration (CR) to Plaintiff upon such fulfillment.

Plaintiff alleges that she has fulfilled the obligations set forth in the Deed of Conditional
Sale. Defendant on the other hand claims that Plaintiff has not fully paid the balance amount of
P 45,000.00 and is therefore under no obligation to surrender ownership, possession and
pertinent documents of the said motor vehicle.

II. STATEMENT OF WILLINGNESS TO ENTER INTO

AMICABLE SETTLEMENT

Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation
from the Plaintiff, Defendant is open to the possibility of amicable settling of this
dispute.

III. PROPOSALS FOR STIPULATIONS

Plaintiffs are invited to enter into a stipulation of facts as to the truth of the following:

DEFENDANTS PRE-TRIAL BRIEF

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 1. That Plaintiff on June 12, 2016 paid Defendant the amount of P 255,000.00 as
initial payment of the whole consideration of P 500,000.00;

2. That on June 18, 2016 Plaintiff talk to Defendant, Helen De Troy and asked for a
loan of P 45,000.00;

3. That Plaintiff on July 23, 2016 paid Defendant the amount of P 245,000.00 as full
payment of the balance P 245,000.00;

4. That Plaintiff because of he borrowed money amounting to P 45,000.00 Plaintiff

has not fully paid the full purchased price and Defendant is under no obligation
to transfer ownership, possession and surrender of pertinent documents to which
Plaintiff seeks.

IV. ISSUES

Defendant Santiago proposes the limitation of the issues to the following:

1. WHETHER OR NOT PLAINTIFF HAS PAID THE FULL AMOUNT OF THE

PURCHASED PRICE.
2. WHETHER OR NOT DEFENDANT IS UNDER THE OBLIGATION TO
TRANSFER OWNERSHIP, POSSESSION AND SURRENDER PERTINENT
DOCUMENTS IN FAVOR OF PLAINTIFF.

V. DOCUMENTS TO BE PRESENTED

1. PROMISSORY NOTE EXECUTED BY ANITA HUGO Exhibit 1

VI. WITNESSES

Defendant intends to present the following witnesses:

1. PARIS DE TROY - To substantiate the material allegations in this case. The

direct testimony will take about 10 minutes considering that this is already covered by
Judicial Affidavit Rule.
2. HELEN DE TROY - To substantiate the material allegations in this case. The
direct testimony will take about 10 minutes considering that this is already covered by
Judicial Affidavit Rule.
3. ATHENA CRUZ - As witness, To prove that on June 18, 2016 Plaintiff
borrowed money from Defendant, Helen De Troy in the amount of P 45,000.00

VII. TRIAL DATES

DEFENDANTS PRE-TRIAL BRIEF

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Undersigned counsel will be available on trial dates as may be agreed by the parties
with due notice and approval of the Honorable Court.

RESPECTFULLY PRAYED AND SUBMITTED.

September 03, 2016. Legazpi City.

Atty. ISKO ANTONIS

IBP No: 0000/04January2016/Albay Chapter
PTR NO: 58889/04January2016/Albay Chapter
MCLE Compliance No. IV-0009552/02-Nov2012
MCLE Compliance No. V-111111/2Feb2015

Copy Furnished: (By Registered Mail)

Explanation for Service by Registered Mail: Due to time and distance service of this
pleading was made to the adverse party by REGISTERED MAIL with Return Card, as
follows:

Post Office: ________________

GUERRERO LAW OFFICE
Registry Receipt No: ________
Brgy. Gogon, Legaspi City, Albay Date: ______________________

Atty. JEROME MENDOZA

DEFENDANTS PRE-TRIAL BRIEF

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