Pre Trial Brief Mdc.docx

Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch 5, Davao City MARIA JOSE., Plaintiff,

Civil Case No. 12345678

-Versus-

SPOUSES JUAN DELA CRUZ AND ANA DELA CRUZ Defendants,

For: Rescission of Construction Contract, Moral Damages, Liquidated Damages and Attorney’s Fees

X-------------------X PLAINTIFF’S PRE-TRIAL BRIEF PLAINTIFF, through counsel and unto this Honorable Court respectfully submits this Pre-Trial Brief compliance with the trial court’s order received on January 30, 2019. I POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE RESOLUTION Plaintiff is not willing to consider any amicable settlement or undergo alternative modes of dispute resolution with respect to the primary prayer and the actual damages prayed for in this complaint. However, the plaintiff is open to the possibility of amicable settlement in relation to the liquidated damages and the expenses made by the Plaintiff in the conduct of Cylinder Testing. II. ADMISSIONS TO THE STIPULATION OF FACTS Plaintiff admits the facts herein presented:

1. Defendant conducted another Cylinder Test with GAIATesting Global; 2. Under paragraph 13 of the Answer, as to absence of the Defendant during the first Cylinder Test conducted by GeoTesting International. III. ISSUES TO BE TRIED AND RESOLVED The Plaintiff proposes the following issues to be tried and resolved by this Honorable Court: 1. Whether the failure to comply with the 3000 psi concrete strength constitute a material breach of the Construction Contract. 2. Whether rescission is the proper remedy. 3. Whether the award of relief sought by defendant is justified. IV. TESTIMONIES AND DOCUMENTS TO BE PRESENTED Plaintiff will present Testamentary Evidence:

the

following

Documentary

and

1. Construction Contract (Annex “A”); 2. General Conditions and Specifications (Annex “B”); 3. Letter Request for Approval prior to Concrete Pouring (Annex “C”); 4. Memorandum for Seeking Approval from the Plaintiff before implementing vital construction works (Annex “D”); 5. Geo-Testing International Core Testing Results (Annex “E”); 6. Official Receipts of Rental Fees (Annex “F”); 7. Judicial Affidavit of Engr. Julei Salcedo V. AVAILABILITY FOR TRIAL The Plaintiff respectfully informs this Honorable Court of her willingness to proceed to an actual trial of the case whenever

necessary at the convenient time to the parties and the calendar of this tribunal. WHEREFORE, premises considered, it is respectfully prayed unto this Honorable Court that the foregoing Pre-Trial Brief be duly noted. Done this 31st day of January 2019.

Atty. Louie Ivan Maiz Counsel for Plaintiff Roll No. 2016-300-000 IBP Membership No. 7654321 PTR No. 1234567 MCLE No. III-0000567 Davao City, Davao del Sur

Copy furnished through Registered Mail: Atty. Dave Abby M. Alano Counsel for the Defendant THE LAW FIRM OF ALANO, ABELLANA, MIRANDA, & GIERRAN 151 Panacan Ave., Sasa, Davao City Davao City, Davao Del Sur, Philippines Please take notice that counsel has requested for the approval of this motion immediately upon receipt. Atty. Louie Ivan Maiz Counsel for Plaintiff