REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 17, BATAC CITY, ILOCOS NORTE

XANDER QUIZON,
Plaintiff,

-versus- CIVIL CASE NO. 111

For: Collection of
Sum of Money with
Prayer of Writ for the
issuance of Preliminary
Attachment

REBECCA AQUINO,
Defendants.
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PRE-TRIAL BRIEF FOR THE DEFENDANT

COME NOW the defendant in the above-captioned case,

through the undersigned counsel, and unto this Most Honorable Court
most respectfully submit their pre-trial brief, alleging, among others:

BRIEF STATEMENT OF THE CASE

That the herein plaintiff is a Filipino citizen, of legal age, single

and a resident of San Julian City of Batac, Ilocos Norte, whereas,
defendant is likewise a Filipino Citizen, of legal age, single, and a
resident at Brgy. Tabug City of Batac, Ilocos Norte.

That the defendant and the plaintiff entered into a contract of

loan the former as the debtor and the latter as the creditor in the
amount of One Million Pesos (P 1,000,000.00) with 12% interest per
annum which indebtedness is due and payable on or before January 3,
2019. The said contract of loan is evidenced by a promissory note
executed by herein defendant in favor of the plaintiff.

PROPOSED STIPULATION OF FACTS

1. That the defendant obtained a loan in the amount of ONE

MILLION PESOS (P1,000,000.00) from the plaintiff;

2. That the defendant received two (2) separate demand

letters on March 1, 2020 and July 1, 2020, respectively,
from the plaintiff;

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 3. That the defendant, upon receipt of the afore-mentioned
demand letters, made two (2) partial payments of her
indebtedness in favor of the plaintiff, as follows:

a. Paid the amount of FIVE HUNDRED THOUSAND

PESOS (P500,00.00) on March 1, 2020 to the
plaintiff as partial payment of her indebtedness
to the latter;

b. Paid the amount of THREE HUNDRED FIFTY

THOUSAND PESOS (P 350,000.00) on July 1,
2020 to the plaintiff as another partial payment
of her indebtedness to the latter.

4. That the remaining balance of the said contract of loan is

only One Hundred Fifty Thousand Pesos (P150, 000).

STATEMENT OF ISSUES

1. Whether or not this Honorable Court has jurisdiction over

the subject matter of the instant case;

2. Whether or not the instant action has merit;

3. Whether or not the plaintiff is liable for attorney’s fees in

favor of the defendant; and

4. Whether or not the plaintiff is liable for exemplary damages

to set as an example to the public and to deter the same
wrongful act to happen in the future;

DOCUMENTS TO BE PRESENTED

Defendant reserves the right to present documentary evidences

during the trial as the need may arise:

1. A copy of the Promissory Note executed by the defendant in

favor of the plaintiff on January 03, 2018; and

2. The Acknowledgement Receipts executed by the plaintiff in

favor of the defendant upon receipt of the partial payments
made by the defendant for her indebtedness to the plaintiff.

WITNESSES TO BE PRESENTED

Defendant will present at least 2 witnesses to prove their

defense;

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 AVAILABLE TRIAL DATES

Defendant is available to any date which is convenient to the

Honorable Court and to the parties;

POSSIBILITY OF SETTLEMENT

Defendants are open to amicable Settlement.

RESPECTFULLY SUBMITTED.

January 20, 2020 Laoag City, Ilocos Norte.

ATTY. NICCOLO VITTORIO T. SANTOS

Counsel for the defendant
Brgy. 00 Baro a Laoag Street, Laoag City
PTR No.1111111-01-01-2021, Laoag City
IBP No.1111111-01-01-2021, Laoag City
SC ROLL No.111111
MCLE Compliance Certificate No.V-111, 01-01-2021

Copy furnished:

ATTY. DI MAGIBA
Counsel for the Plaintiff