Republic of the Philippines

MUNICIPAL TRIAL COURT

Baguio City
Branch _______

LIWAYWAY DIWATA, Civil Case No. 16-CV-3234

Plaintiff,

- versus - For:

ERNESTO LAKAN Unlawful Detainer

Respondent.

x————————————————x

PRE-TRIAL BRIEF

Defendant, through counsel, unto the Honorable Court most respectfully

submits:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

I.1. Defendant is open to settling this dispute amicably, subject to a fair and
reasonable and a reciprocal manifestation of openness on the part of the plaintiff

I.2. Defendant respectfully submits that the desired terms of any amicable settlement
would involve, the parties agreement as to reasonable amount of claim in favor of
plaintiff provided it is duly substantiated with documents.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

II.1. Plaintiff claims that defendant refused to vacate and to restore to her
possession 4D Apartment Unit despite the fact that the lease contract between the
parties had expired on October 30, 2017

II.2. Defendant raise the defense that the said lease contract was agreed by the
parties to be extended until April 30, 2017 and that defendant had already paid for
the same and such payment was accepted by the plaintiff

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

1
 III.1. Defendant admits only those facts stated in the Answer, which are the
circumstances and addresses of the parties; and that a lease contract was entered
into by the parties.

IV. ISSUES TO BE TRIED

IV.1. Plaintiff submits that the following issue is subject to proof:

IV.1.1.Whether or not the defendant should vacate and return the possession of
4D Apartment to plaintiff.

IV.2. Defendant submits that the following issues are subject to proof:

IV.2.1.Whether or not the extension of the lease contract was agreed by the
parties and must be complied with in good faith

IV.2.2. Whether or not the defendant made a valid payment

IV.2.3.Whether or not the plaintiff must respect the possession by the defendant
for a period of 6 months from October 31, 2017 to April 30, 2017

V. EVIDENCE

V.1. Defendant intends to present the following witnesses:

V.1.1.Defendant himself; and

V.1.2.Mr. Bruno Gardose, the Bank Manager of Banco De Oro SM Branch to

confirm the bank certification he made certifying that the BDO check was
encashed.

V.2. Defendant intends to present the following documents:

V.2.1. Exhibit “1” – Copy of the Bank Certification showing that BDO Check No.
1234 was already encashed is attached to the complaint as Annex “A”

V.2.2. Exhibit “2” – Copy of the letter to extend the lease attached to the
complaint as Annex “B”

VI. RESORT TO DISCOVERY

VI.1. Subject to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial
2
VII. AVAILABLE TRIAL DATES

February 3, 2017, February 10, 2017, February 17, 2017, and February 24 2017

Respectfully submitted.

Baguio City, Philippines this 2 February 2018.

JENNIFER DENSEN

Counsel for Plaintiff

April 29, 2015; Roll No. 64769.
IBP No. 93862; 02-02-17; Baguio-Benguet. Chapter
PTR No. 758120; 09-03-18; Baguio City
MCLR Compliance No. V-172349; April 4, 2017; Makati City
jiniperdenden@gmail.com
Mobile No. 09568522918

For:

KYRIE ELEISON LAW FIRM

Room 101, 3rd Floor, Eselyu Bldg.
Bonifacio St., 2600 Baguio City

COPY FURNISHED:

Donggayao Law Office

Counsel for Plaintiff
01 Puso ng Baguio, Upper Session Rd.
Baguio City

EXPLANATION

Copy of the foregoing ANSWER was served to the plaintiff’s counsels by registered mail
due to time and distance and for lack of the undersigned’s staff who can serve the same in
person.