Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
BRANCH 41
BACOLOD CITY
-oOo-

THIRSTY R US, as represented

by ALEX C. SOLEDAD, in his capacity
as President,
Plaintiff,

- versus - Civil Case No. 1848-04

For: Collection for a Sum of Money

PRECIOSO E. DIMAUHAW
and BERTA D. MASAGANA,
Defendants.
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PRE-TRIAL BRIEF

DEFENDANTS, by counsel, unto this Honorable Court respectfully

submit their pre-trial brief, as follows:

I. STATEMENT AS TO AMICABLE SETTLEMENT

The Defendants assert that there no longer exists an existing

Outstanding Balance from the original credit obtained from the Plaintiff.

However, they also admit that there has been delay in paying the same. In

effect, they are willing to enter into an amicable settlement and possible terms

of any such settlement regarding legal interests, if any.

1.1 Provided that plaintiff is open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable from 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 due and

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

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 That Defendants admit that they obtained a credit in the amount of

FOUR HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND

FORTY SIX PESOS and 88/100 (P438,546.88) from the Plaintiff on

September 15, 2018;

2.2 Plaintiffs claimed that Defendants failed to pay the amount of FOUR

HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND FORTY

SIX PESOS and 88/100 (P438,546.88) when it became due on

November 14, 2018;

2.3 Defendants raise as a defense that Defendants tendered their series of

payments before November 14, 2018, amounting to THREE HUNDRED

NINETY THOUSAND PESOS (P390,000.00) to the Plaintiff’s

accounting office as received by their head accounting officer, Mr.

Vicente G. Abad.

2.4 That Mr. Vicente G. Abad gave a receipt to the defendant as proof of

receipt of payment, attached herein, marked as Annex “A”, “B” and “C”;
2.5 That Mr. Vicente G. Abad and herein defendants signed the said receipt

in the presence of Ms. Lilly A. Cruz and Ms. Ivy B. Aguas, both of legal age,

and who are also accounting officers of the Plaintiff.

2.6 That Defendants admit they have received Plaintiff’s demand letter in

Paragraph seven (7) but responded through a letter, dating November

24, 2018, averring that the remaining balance is only FORTY EIGHT

THOUSAND FIVE HUNDRED FORTY SIX PESOS and 88/100

(P48,546.88) not FOUR HUNDRED THIRTY EIGHT THOUSAND FIVE

HUNDRED FORTY SIX PESOS and 88/100 (P438,546.88) as the

Plaintiff alleges. Copy of the letter is attached herein, marked as Annex

“D”;

2.7 That Defendants was not able to receive any objections on their reply to

the Plaintiff’s demand letter and had a reason to believe that there no

more exists any issue on the Defendant’s Outstanding Balance and

tendered their remaining debt of FORTY EIGHT THOUSAND FIVE

HUNDRED FORTY SIX PESOS and 88/100 (P48,546.88) to Mr.

Vicenter G. Abad on November 26, 2018 in the presence of Lilly Cruz

and Ivy Aguas. Copy of receipt is hereto attached as Annex “E”.

2.8 To this date, the Defendants have no remaining credit to the Plaintiff as

the same have already been paid. Therefore, there can be no action

where no injury is sustained, the truth being those alleged in the

preceding paragraphs.
 III. STATEMENT OF FACTUAL AND LEGAL ISSUE

3.1 Whether or not the credit obtained was paid; and

3.2 Whether or not plaintiff is entitled to recover litigation expenses,

collection charges/liquidated damages and such other reliefs from defendants

as prayed for in his Complaint.

IV. EVIDENCE

4.1 Defendants intends to present the following witnesses:

a. Mr. Vicente G. Abad, to testify the authenticity, due execution, and

existence of Cash Receipts No. 8192-0900 dated October 12, 2018

declaring the payment of One Hundred Fifty Thousand Pesos

(P150,000.00); Cash Receipt No. , 8211-0034 dated October 26,

2018 declaring the payment of One Hundred Fifty Thousand Pesos

(P150,000.00); Cash Receipt No. 8243-1529 dated November 6,

2018 declaring the payment of Ninety Thousand Pesos (P90,000.00);

and Cash Receipt No. 8243-1529 dated November 26, 2018

declaring the payment of Forty Eight Thousand Five Hundred Forty

Six and 88/100 (P48,546.88).

b. Ms. Lilly A. Cruz, to establish that Mr. Vicente G. Abad, is authorized

to issue the Cash Receipts, that Defendants actually met him in the

accounting office, the same being in the place of business of the

Plaintiff, and that Defendants paid their credit to Mr. Abad in the

amounts of One Hundred Fifty Thousand Pesos (P150,000.00)，One

Hundred Fifty Thousand Pesos (P150,000.00)，Ninety Thousand

 Pesos (P90,000.00) and Forty Eight Thousand Five Hundred Forty

Six and 88/100 (P48,546.88).

c. Ms. Ivy B. Aguas, to establish that Mr. Vicente G. Abad, is authorized

to issue the Cash Receipts, that Defendants actually met him in the

accounting office, the same being in the place of business of the

Plaintiff, and that Defendants paid their credit to Mr. Abad in the

amounts of One Hundred Fifty Thousand Pesos (P150,000.00)，One

Hundred Fifty Thousand Pesos (P150,000.00)，Ninety Thousand

Pesos (P90,000.00) and Forty Eight Thousand Five Hundred Forty

Six and 88/100 (P48,546.88).

Plaintiff reserves the right to present other witnesses as may be

necessary in the course of the trial.

4.2 Documentary Evidence in the form of receipt issued by the Plaintiff’s

Head Accounting Officer, Mr. Vicente G. Abad.

a. Annex “A” - Cash Receipt No. 8192-0900 dated October 12, 2018

b. Annex “B” - Cash Receipt No.8211-0034 dated October 26, 2018

c. Annex “C” - Cash Receipt No.8243-1529 November 6, 2018

d. Annex “E” - Cash Receipt No. 8243-1529 dated November 26,

2018

4.3 The existence of a Letter of Reply to Plaintiff’s demand letter, dating

November 24, 2018. Attached hereto as, Annex “D”

Plaintiff reserves the right to present any and all documentary

evidence, which shall become relevant to rebut defendants’ claims in the

 course of trial as well as any other witnesses whose testimony will

become relevant to belief defendants’ witnesses, if necessary.

V. RESORT TO DISCOVERY

5.1 Considering the relatively simple issues presented, Defendants do

not intend to avail of discovery at this time;

5.2 Subject, however, to a concrete and reasonable request for

discovery from Plaintiff, Defendants reserve the right to resort to discovery

before trial.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that the PRE-TRIAL BRIEF be NOTED.

AVAILABLE TRIAL DATES

Trial may be set on scheduled dates agreed by the parties and convenient in

the calendar of the Honorable Court.

RESPECTFULLY SUBMITTED.

Bacolod City, January 18, 2019.

CHERRY ANN MARIE MARTIR

Roll of Attorney’s No. 01287
IBP No. 124365 (01.15.2016) Bacolod City
PTR No. 1234567 (01. 15.2016) Bacolod City
MCLE Compliance No. IV- V-1122678-1/16/14

Counsel for the Defendants

ABASTILLAS & MARTIR LAW OFFICES

2nd Floor, AGM Building
Carlos Hilado Street, Bacolod City, Philippines
Telefax: (034) 407-1111
COPY FURNISHED:
Thirsty R Us
Plaintiff
5F, TRU Building, 6th Lacson Street
Bacolod City, Philippines