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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
PASAY CITY, BRANCH 108
UNION BANK OF THE PHILIPPINES.
CORP.
Plaintiff,
-versus15-21181-CV

CIVIL CASE NO. R-PSY-

JAIME M. MATIBAG
and JOHN DOE,
Defendants,
x----------------------------------------------------x
PLAINTIFFS PRE-TRIAL BRIEF
PLAINTIFF, by the undersigned
respectfully submits this Pre-Trial Brief.

counsel,

most

1.0 On the Possibility of Amicable Settlement


Plaintiff is open for discussions on the possibility of
having this case settled amicably if only to avoid prolonged
litigation of the case.
2.0 Statement of Plaintiffs Case
As stated in the Complaint, for value received,
Defendants executed and delivered a PROMISSORY NOTE
WITH CHATTEL MORTGAGE in the sum of Php1,796.436.00
to UNION BANK OF THE PHILIPPINES, (the Plaintiff). In
order to secure payment of the above-mentioned promissory
note, Defendants mortgaged a motor vehicle more
particularly described as:
ONE (1) UNIT
GLS
MODEL
MOTOR NO.
SERIAL NO.

MITSUBISHI

MONTERO

:
:
:

2009
4M41UCAS3401
MMBGRKH809F009743

SPORT

Defendants defaulted in complying with the terms and


conditions of said PROMISSORY NOTE WITH CHATTEL
MORTGAGE by failing to pay several installments. Despite
demands, defendants have failed and refused to pay their
obligation in the sum of Php1,796,436.00 plus charges,
interest and cost of litigation.
3.0 Admissions/Stipulations
Apart from the Plaintiffs allegations of facts in the
Complaint, no further offer of stipulation of facts is deemed
necessary.
4.0 Plaintiffs List of Evidence
4.1 Documentary
a.
b.
c.
d.
e.

Promissory Note with Chattel Mortgage


Certificate of Registration of Motor Vehicle
Statement of Account
Demand Letters
Secretarys Certificate

4.2 Testimonial
Plaintiff will present at least two (2) witnesses who will
testify on and identify the documentary evidence, the
failure of Defendants to pay the note, and on the
outstanding indebtedness of Defendants to Plaintiff,
and will need at least one (1) hour of the direct
examination of said witnesses.
5.0 Proposed Issue to be Resolved
1.
Whether or not plaintiff is entitled to recovery of the
motor vehicle as well as attorneys fee, expenses incurred
and cost of the suit.
6.0 Laws and Jurisprudence Involved
a.
Pertinent provisions of the Negotiable instruments
Law;
b.
Pertinent provisions of the Civil Code of the Philippines
on Obligations and Contact, Credit Transactions.
c.
Applicable decisions promulgated by the Supreme
Court of the Philippines relative to the facts and issue of the
instant case.
7.0 Plaintiffs Reservation

Plaintiff reserves the right to present additional


documentary and testimonial evidence and witnesses, and
the right to amend its pleadings in the course of the trial.
8.0 Available Trial Dates
The undersigned counsel proposes to discuss the trial
dates with the opposing counsel during the pre-trial
hearing so as to avoid conflict of schedules.
Respectfully submitted.
Makati City for Pasay City, March 17, 2016
CORTEL LAW OFFICE
Counsel for the Plaintiff
Suite 1015, 10F Cityland Condominium 10 Tower 1,
Ayala Avenue cor. H.V. dela Costa Street,
Makati City
Telephone: 813-0103/ 813-9092
Fax: 892-7617
Email: cortel.lawoffice@yahoo.com
By:
XERXES E. CORTEL
Roll No. 40927
PTR No.5329597; 01-06-16; Makati City
IBP No. 1012327; 12-26-15; Nueva Ecija
MCLE Compliance No. V-0010755
Valid Until 04-14-19
Copy furnished:
PONCE ENRILE REYES
Received
_________
& MANALASTAS
Date:
_______________
Counsel for Defendant
3rd Floor, Vernida IV Building
128 L.P. Leviste St., Salcedo Village
Makati City

XERXES E. CORTEL

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