Defendant's Pre-trial Brief.docx

Republic of the Philippines Municipal Trial Court in Cities 7th Judicial Region City of Cebu

MGC(Master Gases, Corp.) Plaintiff,

Civil Case No. 05 For: Collection for a sum of money with damages

-versus-

TGSI(The Golden Store, Inc.) Defendant, x-------------------------------/ DEFENDANT’S PRE-TRIAL BRIEF DEFENDANT, by counsel and to this Honorable Court, respectfully submits this Pre-Trial Brief compliance with the trial court’s order dated, March 20, 2019; I Defendant is willing to enter into an amicable settlement of the case, under term and condition agreeable to both parties and submit to alternative modes of dispute resolution; II Defendant admits the following facts: A. The paragraph 1, 2, 3 and 4 of the complaint. B. The paragraph 4 of the complaint insofar as the obligation to pay the plaintiff P 500, 000.00. III Issues to be resolved are the following: A. Whether or not the plaintiff has cause of action; B. Whether or not this Honorable Court has jurisdiction over the subject matter of the case; C. Whether or not the plaintiff is the real party in interest;

D. Whether or not the plaintiff fails to comply with Section 4129(a), local Government Code on Barangay conciliation and Sec 18 and 19, 1991 Revised Rule on Summary Procedure, in relation to sec. 12 and 13 Rule 70, Rules of Court; E. Whether or not the plaintiff fails to shows proof that the defendant failed to the pay the obligation; F. Whether or not the plaintiff fails to give three (3) months’ notice in advance prior to the filing of the case in violation of Sec. 9(e), R.A. No. 9653; G. Whether the complaint was filed harass the defendant. IV The Defendant intends to present the following Documentary evidence: A. Certification to file action (Annex “E” , Complaint) B. Demand letter (Annex “B” , Complaint) C. Copy of dishonored checks ( Annex “A”) V Defendant reserves the right to present additional documentary evidence and witnesses in the course of the proceedings.

Respectfully submitted. Cebu City, February 27, 2019.

ATTY. GLENDY MARIE B. CAGAY

Counsel for the Defendant Cebu City Roll of Attorneys No. 01252019 IBP No. A- 0125219 PTR No. A- 0123456 MCLE No. A- 0987654

Copy Furnished: Felipe L. Juban Jr. Counsel for Plaintiff Roll No.: 101787 PTR No.:234567 IBP No.: 2087 MCLE COMPLIANCE NO.:

0929

EXPLANATION The foregoing Pre-trial Brief was served by registered mail, personal service not being practical due to the lack of messengerial personnel.