Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 101, Makati City

FGU Insurance Corporation

Represented by JANINE YSABEL
A. GUZMAN,
Plaintiff,

-versus-

For: Damages based on quasidelict

FILCAR TRANSPORT INC.

Defendant.
x-------------------------------------------x

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

actual extent of any obligation due and owing to plaintiff

inasmuch as there is nothing to indicate defendants obligations
to plaintiff and, second, a schedule of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1 Defendant reiterates, repleads and incorporates by reference all
the foregoing insofar as they are material and additionally submit
that the Complaint should be dismissed because:
2.1.1 Defendant as mere owner of the automobile cannot
be held liable for the damages because the
negligence is attributable to the driver.
2.1.2 There is no employer-employee relationship
between the defendant and the driver.
2.2

Defendant also interposed a compulsory counterclaim for Fifty

Thousand Pesos (50,000.00) for moral damages and
professional fee of Forty-Thousand Pesos (40,000.00) and
Five Thousand Pesos (5,000.00) per court appearance.

III. FACTS AND OTHER MATTERS ADMITTED BY THE

PARTIES
3.1. Defendant admits only those facts stated in his Answer.
3.2. Subject to a concrete proposal for stipulation of additional facts
from plaintiff during pre-trial or even thereafter, defendant
admits no other facts stated in the Complaint.

IV. ISSUES TO BE TRIED

4.1.

Defendant submits that the following issues put forward by

plaintiff are subject to proof:
4.1.1 Plaintiffs entitlement to the amount claimed;

4.2. Defendant submits that the following issues she put forward are
subject to proof:
4.2.1. Plaintiffs bad faith in filing this suit;
4.2.2. Defendants entitlement to the claims made in her
Compulsory Counterclaim

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 this suit against him;
5.1.2. The driver who was in possession of the automobile
during the incident.
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.

RESPECTFULLY SUBMITTED.

Quezon City; 31 January 2017.

(Sgd.) Ar-Reb B. Aquino

Counsel for Defendant
2/F 88 Corporate Center Building, Leviste St., Makati City

Copy furnished:
Atty. Janine Ysabel Guzman
Counsel for Plaintiff