REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY, BRANCH 180
ISABELA CRUZ ABLAZA,
Plaintiff,

CIVIL CASE NO. 20146789

versus

Complaint
delict

for

Quasi-

RONALD A. ABUEL and ANNA MARIA

ABUEL
Defendant.
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PRE-TRIAL BRIEF FOR THE PETITIONER
The Petitioner, represented by the undersigned counsels as her
attorneys-in-law, respectfully submits to this Honorable Court this Pre-Trial
Brief, to wit:
I. POSSIBILITY OF AMICABLE SETTLEMENT OR
ALTERNATIVE MODES OF DISPUTE RESOLUTION
1.
The Petitioner is willing to consider any amicable settlement or
undergo alternative modes of dispute resolution with respect to the
primary prayer of this petition.
1.1
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, a clarification of the actual extent of
any obligation due of defendant to plaintiff and, second, a schedule of
payments.
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II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff seeks principally to recover the amount of EIGHTY
SEVEN THOUSAND PESOS (Php 87,000.00) representing actual
damages, FIFTY THOUSAND PESOS (Php 50,000.00) for moral
damages arising allegedly from Defendants negligence resulting to
vehicular collision.
2.2. In connection thereto, Plaintiff seeks additionally to recover
FIFTY THOUSAND PESOS (Php 50,000.00) for attorneys
acceptance fee and FIVE THOUSAND PESOS (Php 5,000.00) per
court appearance, and interests.
2.3. Defendant resists plaintiffs claims based on lack of cause of
action claiming that:
2.3.1. He was not driving negligently when the accident
occurred,
2.3.2. It was in fact Plaintiff who negligently took a left turn on
a u-turn slot, with the same being the cause of the
collision.
III. FACTS AND OTHER MATTERS ADMITTED BY THE
PARTIES
3.1.

Plaintiff admits only those facts stated in her Complaint.

3.2. Subject to a concrete proposal for stipulation of additional facts

from the defendant during pre-trial or even thereafter, plaintiff admits
no other facts stated in the Answer.
IV. ISSUES TO BE TRIED
4.1. Plaintiff submits that the following issues she put forward are
subject to proof:
4.1.1. Defendants negligence in driving that caused the
vehicular collision.
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4.1.2. Defendant had the last clear chance to avoid colliding

into Plaintiffs car yet the former failed to do so.
4.1.3. Plaintiffs claim for moral and actual damages and fees.
4.2. Plaintiff submits that following issues Defendant put forward
are subject to proof:
4.2.1. Defendant was exercising diligence in driving when the
vehicular collision occurred.
4.2.2. The vehicular collision was caused by accident.
V. EVIDENCE
5.1.

Plaintiff intends to present the following witnesses:

5.1.1. Plaintiff herself, Isabela Cruz Ablaza, who will testify on
the true circumstances leading to the vehicular collision.
5.1.2. Gazas who was in the car with the Plaintiff when the
vehicular collision happened.

5.2. Plaintiff likewise submits the following documents

5.2.1 The certificate of registration is attached as Annex A;
5.2.2 The license of plaintiff as Annex B;
5.2.3 Traffic Incident Report is attached as Annex C;
5.2.4 A copy of the damage to the cars as Annex D;
5.2.5 A copy of the repair costs as Annex E.
5.3 Plaintiff reserves the right to present any and all documentary
evidence which shall become relevant to rebut defendants claims in
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the course of trial as well as any other witnesses whose testimony will
become relevant to belie defendants witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, plaintiff
does not intend to avail of discovery at this time.
6.2. Subject, however, to a concrete and reasonable request for
discovery from defendant, plaintiff reserves the right to resort to
discovery before trial.
VII. AVAILABLE TRIAL DATES
7.
The undersigned counsel and the witnesses for the plaintiff
shall make themselves available on such dates as may be agreed upon
with the opposing counsel and as may be convenient to the calendar of
this Honorable Court.
VIII. RESERVATION
8.
The plaintiffs respectfully reserve the right to: (a) present
additional witnesses and documents, and to cite and invoke additional laws
as may be proper or may become necessary in the course of trial; (b) raise
defenses to issues that may be invoked by defendants in their Pre-Trial Brief;
and (c) interpose its own counter-issues, which may be necessary and proper
in the course of the proceedings.
Respectfully submitted.
Makati City; 14 January 2015.
REYES ODUCADO CAMACHO SANTOS
Counsel for Plaintiff
12345 Sunlife Building
Ayala Corner Paseo de Roxas
Makati City, Philippines

By:
NATHANIEL M. ODUCADO
Attorneys Roll Number: 50856
IBP Lifetime Number: 08539
PTR Number: 0545785/01-16-2012/
Makati City
(N/A Admitted 2013)
LEONARDO CAMACHO
Attorneys Roll Number: 51326
IBP Lifetime Number: 05326
PTR Number: 256478/01-16-2012/
Makati City
(N/A Admitted 2013)
CARMINA REYES
Attorneys Roll Number: 56589
IBP Lifetime Number: 089652
PTR Number: 0513269/01-16-2012/
Makati City
(N/A Admitted 2013)
ARNOLD JANSEN SANTOS
Attorneys Roll Number: 56982
IBP Lifetime Number: 03698
PTR Number: 6589774/01-16-2012/
Makati City
(N/A Admitted 2013)
Copy Furnished through personal service:
MORALES, SANTOS, SYSON LAW OFFICES
Counself for defendant
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35 Palma St., Rockwell

Makati City, Philippines