REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

CEBU CITY, BRANCH 69
BEA ALONZO WURTZBACH,
Plaintiff,
- versus -

Civil Case No. 100110

For: Collection of sum of money

JOHN LLOYD,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as
follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE
TERMS OF ANY SUCH SETTLEMENT
1.1. Defendant is open to settling this dispute amicably, subject to a concrete proposal
that is fair and reasonable and a reciprocal manifestation of openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant 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 Plaintiff claims that defendant failed to pay the purchase price of FIVE HUNDRED
THOUSAND PESOS (Php 500,000.00) for the Rolex watch delivered to the defendant.

2.2 Defendant raise as defenses that no sale ever transpired and that the checks issued to
plaintiff were stolen and the defendants signature forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer, i.e., their personal
circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issue is subject to proof:

4.1.1. The loss of the defendants checks as the cause for the accounts closure and
forgery of his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a contract of sale with the plaintiff;

V. EVIDENCE
5.1. Defendant intends to present the following witnesses:
5.1.1 Defendant himself, who will testify on the true circumstances leading to the filing
of suit against him:

5.1.2 Ms. Shaina Magdayao, to establish that the plaintiff and defendant actually met at
the Water Front Cebu Hotel, that the Rolex was the subject matter of a contract of sale between
the plaintiff and defendant, and that the defendant paid in cash FOUR HUNDRED THOUSAND
PESOS (P400,000) and issued the checks covering the balance;
5.1.3 Ms. Sarah Geronimo, manager of the hotel restaurant, as witness to the meeting
and the transaction;
5.2. Defendant reserves the right to present any and all documentary evidence, which
shall become relevant to rebut plaintiffs claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belie plaintiffs witnesses, if necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented, defendant does not intend to
avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff,
defendant reserves the right to resort to discovery before trial.
VII. AVAILABLE TRIAL DATES
March 17, 2016, March 23, 2016, March 30, 2016 and April 4, 2016
RESPECTFULLY SUBMITTED.
Cebu City. 2 March 2016.

CRISOSTOMO CRISOLOGO E. BALASCANYON

Counsel for the Plaintiff

25th Floor i2 Building, IT Park.

Cebu City, Philippines

By:

TEOFILO RATARDO Y. SUGBAON

IBP # 605482 1/8/11 Cebu City
PTR # 0417576 1/8/11 Cebu City
ROA 30724
MCLE Compliance No. II 01-23455
Copy Furnished:
By Personal Service
Atty. Karl Raso
Raso Saro & Rosa Law Offices
48 Corporate Tower, Valero St., Cebu City