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    Pre Trial Brief Plaintiff

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    Ýel Äcedillo
    This is a civil case filed by Kris de las Alas against Bea Gonzaga for collection of a sum of money. De las Alas granted Gonzaga a loan of 800,000 pesos on December 12, 2011, which Gonzaga promised to repay within one year in monthly installments. However, Gonzaga has failed to make any payments despite demands. De las Alas is seeking repayment of the full amount owed plus interest. The key issues to be resolved are whether Gonzaga executed the promissory note for the loan and whether she is liable under its terms.

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    Pre Trial Brief Plaintiff

    Uploaded by

    Ýel Äcedillo
    2K views3 pages
    This is a civil case filed by Kris de las Alas against Bea Gonzaga for collection of a sum of money. De las Alas granted Gonzaga a loan of 800,000 pesos on December 12, 2011, which Gonzaga promised to repay within one year in monthly installments. However, Gonzaga has failed to make any payments despite demands. De las Alas is seeking repayment of the full amount owed plus interest. The key issues to be resolved are whether Gonzaga executed the promissory note for the loan and whether she is liable under its terms.

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    This is a civil case filed by Kris de las Alas against Bea Gonzaga for collection of a sum of money. De las Alas granted Gonzaga a loan of 800,000 pesos on December 12, 2011, which Gonzaga promised to repay within one year in monthly installments. However, Gonzaga has failed to make any payments despite demands. De las Alas is seeking repayment of the full amount owed plus interest. The key issues to be resolved are whether Gonzaga executed the promissory note for the loan and whether she is liable under its terms.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views3 pages

    Pre Trial Brief Plaintiff

    Uploaded by

    Ýel Äcedillo
    This is a civil case filed by Kris de las Alas against Bea Gonzaga for collection of a sum of money. De las Alas granted Gonzaga a loan of 800,000 pesos on December 12, 2011, which Gonzaga promised to repay within one year in monthly installments. However, Gonzaga has failed to make any payments despite demands. De las Alas is seeking repayment of the full amount owed plus interest. The key issues to be resolved are whether Gonzaga executed the promissory note for the loan and whether she is liable under its terms.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT OF BATANGAS


    FOURTH JUDICIAL REGION
    BRANCH ____
    BATANGAS CITY
    KRIS DE LAS ALAS,
    Plaintiff,
    -versus-

    CIVIL CASE NO.__________


    For Sum of Money

    BEA GONZAGA,
    Defendant.
    x--------------------------------------------x
    PRE-TRIAL BRIEF
    (For the Plaintiff)
    PLAINTIFF, through counsel, unto this Honorable court most respectfully submits
    the following Pre-trial Brief:
    I
    BRIEF STATEMENT OF THE CASE
    This is an action for Collection of Sum of Money.
    Plaintiff is the owner of lending business located at Bauan, Batangas and resides
    at Sta. Rita, Batangas while defendant is a resident of San Jose, Batangas. Sometime in
    12 December 2011, plaintiff granted a loan to defendant in the amount of P 800,000.00
    which defendant promised to pay within the period of one year in 12 equal monthly
    installments at the rate of 5% stipulated monthly interest in accordance with the terms
    and conditions of the promissory note executed by defendant. Of the said obligation, no
    payment has been made by defendant to this date despite repeated demands and other
    earnest and diligent efforts of plaintiff to collect payment of the said loan; thus, this
    action.
    II
    WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT OR
    ALTERNATIVE MODES OF DISPUTE RESOLUTION
    Plaintiff is open to amicable settlement or alternative modes of dispute resolution upon
    mutually acceptable terms and conditions.

    III
    SUMMARY OF ADMITTED FACTS
    Plaintiffs admissions are limited to those matters that are alleged in her complaint.
    IV
    PROPOSED STIPULATIONS
    Plaintiff hereby proposes that Defendant admits:
    1. That she contracted a cash loan from plaintiff in the amount of P 800,000.00;
    2. That she voluntarily executed the promissory note attached in the complaint in favor
    of plaintiff by reason of the loan mentioned above;
    3. That of the said loan, no payment has been made by her to this date;
    4. That she personally signed and received the Notice of Non-payment from plaintiff.
    V
    ISSUE TO BE RESOLVED
    1. Whether or not defendant voluntarily executed the promissory note attached in the
    complaint on account of defendants indebtedness?
    2. Whether or not Defendant is liable under the terms of the said promissory note?
    VI
    DOCUMENTARY EXHIBITS
    1. Promissory note executed by Defendant on 12 December 2011;
    2. Notice of Non-payment with a demand to pay dated 11 June 2014 which
    Defendant received on 12 June 2014;
    3. Respective Judicial Affidavits of witnesses.
    VII
    DISCOVERY PROCEDURES
    Plaintiff is willing to avail of discovery procedures necessary for expedient resolution
    of the issues involved.
    VIII
    NAMES OF WITNESSES
    AND THE SUBSTANCE OF THEIR TESTIMONIES
    1. Plaintiff who shall testify on the material allegations of her complaint;
    2. Mr. Krisanto Alcaraz, plaintiffs collector, who shall testify as to the non-payment
    of defendant despite several demands from plaintiff;
    2

    3. Ms. Elsa Rodriguez who shall testify as to the details of the loan agreement such
    as but not limited to the amount thereof, the amount of cash actually received by
    defendant;
    Plaintiff reserves the right to present the Judicial Affidavits of witnesses Lamberto
    Lizada and Gerard Castillo to prove the allegations in her complaint.
    IX
    APPLICABLE LAWS AND JURISPRUDENCE
    1. Arts. 1159, 1170, NCC

    Respectfully submitted.
    Batangas City, 4 August 2014
    (SGD.) NOLI SANCHEZ
    Notary Public
    Until 31 December 2014
    PTR No. 123456 / 01-04-14 / Batangas City
    IBP No. 123456 / 01-17-14 / Batangas City
    MCLE Compliance No. IV
    123456 / 18 June 2014
    Roll No. 123456

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