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Republic of the Philippines REGIONAL TRIAL COURT National Judicial Capital Region Branch 12, Quezon City L !

"R# B N!, $NC%, Plaintiff, & 'ersus & )))))))) !+B" BR, N-, Defendant% . &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& . Ci'il Case No(

*or( Collection of Sum Money

PRE-TRIAL BRIEF FOR THE PROSECUTION

PL $N-$**, through the undersigned counsel, before this /onorable Court, 0ost respectfully sub0it this Pre&-rial Brief%

1. STATEMENT OF THE CASE

-his is a ci'il action for Collection of #u0 of 1oney for failure of 2"*"N2 N- to pay his obligation as guarantor of the pro0issory note%

2.

AMICABLE SETTLEMENT AND ALTERNATIVE MODES OF DISPUTE RESOLUTION

1. Plaintiff is willing to enter into an amicable settlement under terms and conditions as may be fair and reasonable, or undergo alternative modes of dispute resolution, with regard to matters not prohibited by law.

3. ADMITTED FACTS

3%1 -he identity of the parties as plaintiff and respondent4 3%2-he address of the parties4 3%3 -hat 1ia0i /eat "nterprise 51/"6 applied for a Letter of Credit 7ith the Plaintiff on January 8, 29134 3%: -hat the Letter of Credit 7ill be used by 1/" to purchase sports goods fro0 1anchester ;nited 1anufacturing Corp%4 3%8 -hat Plaintiff re<uired a pro0issory note in fa'or of the Plaintiff and secured by a surety agree0ent e.ecuted by 1r% =ade and 1r% Ja0es and a guarantee in fa'or of the Plaintiff4 3%>-hat a pro0issory note for +N" 1$LL$+N P"#+# 5Php 1,999,999%996 7as issued to the Plaintiff on January 19, 29134 3%? -hat a surety agree0ent 7as also e.ecuted on January 19, 2913 by 1r% =ade and 1r% Ja0es in fa'or of Plaintiff4 3%@ -hat a guarantee agree0ent 7as also e.ecuted at the sa0e ti0e by the 2efendant in fa'or of the Plaintiff4 3%A-hat the Letter of Credit 7as appro'ed by the Plaintiff and on January 18, 29134 3%19-hat the goods arri'ed in 1anila on *ebruary 19, 2913 and a -rust Receipt gree0ent 7as e.ecuted bet7een Plaintiff and 1/"4

:% PR+P+#"2 #-$P;L -$+N +* * C-# :%1 -hat on No'e0ber 19, 2913, 1r% =ade and 1r% Ja0es could not be contacted and the principal office of 1/" has already closed do7n4 :%2 -hat Plaintiff tried to locate the 7hereabouts of 1r% =ade and 1r% Ja0es, but the sa0e could not be reached or located4 :%3 nd -hat 1r% =ade and 1r% Ja0es absconded%

5.

ISSUES TO BE RESOLVED
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8%1 =hether or not the 2efendant can be held liable to pay to the Plaintiff the a0ount of +N" 1$LL$+N P"#+# 5Php 1,999,999%996 representing the obligation on the pro0issory note%

6.

EVIDENCE TO BE PRESENTED

6.1 The following pieces of evidence shall be presented by the Plaintiff during the proceedings:

1% Photocopy of the Certificate of #"C Registration

B nne. C

2%

ffida'it of Plaintiff, LaDers BanD $nc% B nne. BC

3% Pro0issory note e.ecuted in fa'or of Plaintiff B nne. CC :% #urety agree0ent e.ecuted by 1r% =ade and 1r% Ja0es B nne. 2C 8% Euarantee e.ecuted by the 2efendant B nne. "C
6.2 Plaintiff respectfully reserves the right to present additional documents or exhibits as shall become available for the purposes stated herein and/or for such other purposes necessary or proper in the course of trial or as the exigencies of the proceedings may re uire.

7.

WITNESSES TO BE PRESENTED

?%1 Jere0y Lin, /ead ccount ".ecuti'e of LaDers BanD $nc%, to pro'e that the defendant has in fact e.ecuted a guarantee in fa'or of

the Plaintiff%

8.

APPLICABLE LAWS AND JURISPRUDENCE !.1. !.". The laws applicable to this case are the following: The various #urisprudence applicable to this case are the following:

9.

AVAILABLE CALENDAR DATES FOR TRIAL

$.1. Plaintiff needs at least %%%%%%%%% trial dates in order to complete the presentation of her evidence. $.". Plaintiff&s counsel will be available and ready for trial on any date convenient to this 'onorable (ourt, sub#ect to hearings that may be scheduled by other courts in other cases being handled by undersigned counsel.

RESPECTFULLY SUBMITTED.

Quezon City for Quezon City% 2ece0ber 28, 2913% TUMARU AND TUMARU LAW OFFICES Counsel for Plaintiff @th *loor, Rennaisance Bldg, +ld *ort Road cor% Ne7 Pri0e Road, Quezon City

By(

ATTY. BERNARD VELO TUMARU P-R No% 1@8?98@F NCRF 1&3&2913 $BP No% @@>:>@F1 N$L $$$F1&19&2913 R+LL No% 1@9839 1CL" Co0pliance No% $$$&991A8?3F 98& 91&13 Contact No% 5926?83&@@??
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"0ail add( tu0aruGtu0arula7%co0 Copy *urnished by personal ser'ice(

TONGSON AND TRISTAN LAW OFFICES Counsel for 2efendant 19th *loor, -o7er Records Bldg, Joya 2ri'e, RocD7ell Center, 1aDati City