Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Baguio City
Branch ____

Professor Baguio, Civil case no. ___

Plaintiff, For: Collection of

sum of money
--versus--

Doctor Benguet,
Defendant,

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PRE-TRIAL BRIEF

Plaintiff, by counsel, respectfully submits his Pre-Trial Brief, as

follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND

POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a

concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from defendant;

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,

plaintiff respectfully submits that the desired terms of any
amicable settlement would involve, first, an admission of amount

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due and owing to plaintiff and, second, a schedule of
payments.

II. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Plaintiff was a good friend of the defendant wherein both

agreed to enter into a loan agreement in which the former
agreed to lend an amount of ONE MILLION, FIVE HUNDRED
PESOS (Php 1,500,000.00).

3.2. The loan agreement was

3.3. Plaintiff was allowed to utilize the facilities and amenities of

PGCC and had also started to possess the Suli property and
introduced improvements therein costing around THREE MILLION
PESOS (PhP3, 000,000.00).

3.4. However, the defendant denies the validity of the Board

Resolution No. 01 Series of 2008. As well as the other allegations
in the complaint not stated above.

Theory of the Plaintiff

2.1. In its complaint filed with this Honorable Court on March 25,
2017, plaintiff seeks the complete delivery and transfer of
ownership title in his name, the properties indicated in the
defendant’s Board Resolution with a total value of FIFTEEN
MILLION PESOS (Php 15,000,000.00) in lieu of payment of cash for
unpaid salaries and accounts payable to plaintiff.

2.2. The defendant failed and refused to settle its obligation to

the plaintiff despite the latter’s issuance of demand letter to the
defendant to abide by the Board Resolution adopted by it.

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2.3. In addition, the plaintiff seeks to recover an additional sum
of FIVE MILLION PESOS (Php 5,000,000.00) as Actual Damages,
exclusive of interest, for the accumulated rentals supposed to be
received by the plaintiff; ONE MILLION PESOS (Php 1,000,000.00)
as Moral Damages and ONE MILLION PESOS (Php 1,000,000.00)
as Exemplary Damages; and FIVE HUNDRED THOUSAND PESOS
(Php 500,000.00) as Attorney’s Fees plus litigation expenses and
cost of suit.

2.4. The plaintiff theorizes that it validates the necessity of

specific performance of delivery and transfer of ownership title
in his name, demandable against the defendant because the
Board Resolution is deemed valid and enforceable in order to
settle all its unpaid salaries and accounts payable to the plaintiff.

2.5. It is incumbent upon the LRI Corporation not to renege

upon its obligations it had previously admitted and
acknowledged.

Theory of the Defendant

2.6. In its answer, defendant denies liability on the ground that

the Board Resolution it had previously adopted and issued to the
plaintiff was null and void.

2.7. According to the defendant, it denies the genuineness and

due execution of the alleged Board Resolution for lack of
documents to support the claim for unpaid salaries and
accounts receivable of the plaintiff. The unpaid salaries were
merely self-declared and the accounts receivables were not
supported by receipts.

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2.8. Furthermore, the defendant denies the breach of
obligation committed by it for the reason that plaintiff, through
fraudulent machinations, was able to obtain the titles of the
properties without knowledge of the defendant. And since it is
the lawful and rightful owner of the properties, it has the right to
lease and sell its properties.

2.9. Even assuming that the Board Resolution is valid, the

properties included therein comprise of all or substantially all of
the defendant’s properties and assets at that time and such
would need ratification from the shareholders. Thus, in the
absence shareholders’ meeting for such approval and
ratification, the Board Resolution is considered null and void.

2.10. Accordingly, the defendant counterclaims for at least FIVE

HUNDRED THOUSAND PESOS (Php 500,000.00) as Attorney’s Fees;
ONE HUNDRED THOUSAND PESOS (Php 100,000.00); and TEN
THOUSAND PESOS (Php 10,000.00) as Appearance Fees.

III. ISSUES TO BE TRIED

Plaintiff submits that the following issues are subject to proof:

3.1. Whether the defendant is estopped from questioning validity

of the Board Resolution it issued now that its execution is being
demanded from it.

3.2. Whether there was no right of ownership transferred to

plaintiff when the Board Resolution was unanimously approved
by the defendants, Board of Directors, delivering to plaintiff the
subject properties.

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3.3. Whether the defendant is estopped from
denying/questioning the possession of plaintiff of the five (5)
hectares agricultural land when the corporation never
questioned the delivery of the certificate of title to plaintiff and
the act of plaintiff in erecting improvements thereto.

3.4. Whether the defendant is estopped from

denying/questioning the enjoyment of plaintiff of the amenities
of Pang-Ur Golf and Country Club (PGCC) from 2008 up to
present when the defendant had delivered the 2 stock
certificates of PGCC to plaintiff.

IV. EVIDENCE

4.1. Plaintiff intends to present the following witnesses:

4.1.1. Plaintiff himself;

4.1.2. Mr. Grinch the Bank Manager of BPI who handled the
Notice of Dishonor;

4.2. Plaintiff intends to present the following documents:

4.2.1. Annex “A” of the complaint (Loan Agreement) will be

presented as an exhibit and a copy is attached hereto as
Exhibit “A”;

4.2.2. . Annex “B” of the complaint (Post-dated Check) will

be presented as an exhibit and a copy is attached hereto
as Exhibit “B”;

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 4.2.3. . Annex “C” of the complaint (Notice of Dishonor) will
be presented as an exhibit and a copy is attached hereto
as Exhibit “C”;

4.2.4. . Annex “D” of the complaint (Demand Letter) will be

presented as an exhibit and a copy is attached hereto as
Exhibit “D”;

4.3. Plaintiff reserves the right to present any and all

documentary evidence, which shall become relevant to rebut
defendant’s claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belie
defendant’s witnesses, if necessary.

V. RESORT TO DISCOVERY

5.1. Considering that the Books of the Corporation as of

December 31, 2008, one of the evidence the plaintiff wants to
present, is with the possession of the defendant, the plaintiff shall
resort to the production or inspection of material evidence in
possession of the defendant.

5.2. Considering also the denial of the defendants on almost all

of the allegation by plaintiff, plaintiff resorts to mode of discovery
in written interrogatories addressed to the members of the board
particularly the Corporate Secretary and the Corporate
Treasurer of LRI.
5.3. However, subject to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to
discovery before trial.

VI. AVAILABLE TRIAL DATES

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 Under the circumstances, each witness that may be
presented by the plaintiff may consume at least an hour on
presentation on direct examination. Accordingly plaintiff may
need at least five (5) trial dates to present its evidence. The
following dates are proposed to the Honorable Court; April 18,
2017, April 25, 2017, May 2, 2017 and May 8, 2017.

RESPECTFULLY SUBMITTED.

Baguio City. March 31, 2017.

TABANDA LAW OFFICE

Suite 308 3/F Laperal Building
Session Road, Baguio City
2600 Philippines
Telefax (083)552-5627
Email: mikotabanda@gmail.com

________________________________
ATTY. MIKAEL LORENZO TABANDA
Roll No. 51814
IBP No. 021828-08/05/2017,
Baguio City
PTR No. 082818-08/06/2017,
Baguio City

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COPY FURNISHED:
By Personal Service
Aequitas Law Office
Counsel for the defendant
#53 Andres Bonifacio Street,
Baguio City 2600

(RECEIVED AND SIGNED BY DEFENDANT'S COUNSEL)

Louie MM Dadat
IBP No. 966953/11-4-2014/Baguio City
Roll of Attorney No. 37288
PTR No. 0577671/Jan.74, 2018
MCLE IV-0020420

St., Makati City