Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

5th Judicial Region
Tabaco City

RACHEL ELIZABETH ZANE,

Plaintiff,

versus
Civil Case No. 123
For: Collection of Sum
of Money and Damages
HARVEY REGINALD SPECTER
and DONNA PAULSEN,
Defendants.
x - - - - - - - - -- - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF
(For the Plaintiff)

Plaintiff, by counsel and unto the Honorable Court, most

respectfully submits her Pre-Trial Brief, as follows:

STATEMENT OF WILLINGNESS
TO ENTER INTO AN AMICABLE SETTLEMENT

Plaintiff is willing to enter into an amicable settlement that is fair and

reasonable to both parties.

SUMMARY OF ADMITTED FACTS

AND PROPOSALS FOR STIPULATIONS
ADMITTED FACTS:

Except for the allegations contained in the Complaint, no other facts

are admitted.

PROPOSAL FOR STIPULATIONS:

1. On June 27, 2014, defendants borrowed and received from plaintiff

the amount of Php280,000.00. Simultaneously, they jointly
executed a Trust Receipt Agreement and Promissory Note for said
obligation. In the same instruments, defendants agreed and
solidary promised to pay the said loan on installment at
Php9,800.00 per month for 60 months, inclusive of 1.83% monthly
interest, as admitted in paragraph 1 in the Answer of the
defendants.

2. Defendant Harvey Reginald Specter guaranteed his salary with

the Department of Education (DepEd) under Landbank CA #1234-
Page 1 of 4
 5678-90 and surrendered to plaintiff his Automated Teller Machine
(ATM) card and corresponding Personal Identification Number
(PIN) to facilitate payment of their monthly dues.

3. Up to the present, defendants only paid Php17,500.00 to plaintiff

because the ATM card of defendant Specter was already blocked.
Defendants are already in default of their installment dues bringing
the entire obligation due and demandable.

4. Repeated verbal demands were made upon defendants to replace

the blocked ATM card and pay their past due account but these
were just ignored by the defendants.

5. Defendants received a demand letter from plaintiff with attached

Statement of Account, demanding payment of the unpaid principal
loan and accrued interest or a total amount of Php570,500.00 plus
50,000.00 for the legal, filing and collections fees as damages. The
said demand letters were received on July 10, 2015.

6. Despite such written demand, defendants failed and continuously

failed to settle their obligation resulting in actual and moral
damages.

ISSUES

1. Whether or not the plaintiff is entitled to her claim against

defendants for unpaid loan and stipulated interest?

2. Whether or not plaintiff is entitled to her claim for damages and

reimbursement of filing fees as a consequence of defendants
refusal to settle their obligation?

AVAILMENT OF DISCOVERY PROCEDURES

Plaintiff will not avail of any discovery procedure.

WITNESSES

1. Rachel Elizabeth Zane - she will identify, authenticate and testify to

pieces of documentary evidence to prove her money claim and will
substantiate material allegations stated in the complaint against
defendants Harvey Reginald Specter and Donna Paulsen.

2. Landbank Representative- to certify that the ATM card of defendant

Specter was blocked and to identify the reason thereof based on
their records.

Page 2 of 4
 DOCUMENTARY EXHIBITS

1. Machine copy of Professional Identification Card and BIR Tax

Identification Number Identification Card of Harvey Reginald
Specter - to establish that the defendant presented his
identification cards to the plaintiff as requirement for the grant of
loan .

2. Machine copy of Unified Multi-Purpose Identification Card and

BIR Tax Identification Number Identification Card of Donna
Paulsen - to establish that defendant also presented her
identification cards to the plaintiff as requirement for the grant of
loan.

3. Trust Receipt Agreement, dated June 27, 2014- to prove that

defendants borrowed from plaintiff an amount of Php280,000.00
and in return, defendants agreed and promised to solidary pay the
said loan on monthly installment at Php9,800.00 for 60 months,
inclusive of 1.83% monthly interest. Also, to prove that defendant
Specter guaranteed his salary from the Department of Education
(DepEd) through Landbank CA #1234-5678-90 and surrendered
to plaintiff his ATM card and corresponding Personal Identification
Number (PIN).

4. Promissory Note, dated June 27, 2014- to prove that defendant

executed the said document promising that the loaned amount
inclusive of 1.83% monthly interest will be settled on or before
June 2019.

5. Machine Copy of Landbank ATM card under CA #1234-5678-

90 of Harvey Reginald Specter - to prove that defendant Specter
surrendered his ATM card and corresponding Personal
Identification Number as stipulated in the agreement.

6. Demand Letter, dated, July 1, 2015- to prove that due to failure

of the defendants to settle their obligations, plaintiff caused to be
prepared a written demand to give them sufficient opportunity to
settle their obligation.

7. Statement of Account of Harvey Reginald Specter and Donna

Paulsen - to prove that the defendants were made aware of their
paid installments as well as the balance owed to the plaintiff.

8. Registry Return Receipt Nos. 88 and 99 to prove that the

Demand Letters sent by registered mail were personally received
on July 10, 2015 by defendants.

Page 3 of 4
 APPLICABLE LAWS

The New Civil Code of the Philippines, and other applicable laws of
the Philippines.

TRIAL DATES

As may be agreed upon by parties and counsels during the pre-

trial conference of this case and subject to the availability of the Courts
calendar.

Respectfully Submitted.

Legazpi City for Tabaco City on April 29, 2017.

JUSTINE RIA M. ALMOJUELA

Counsel for Plaintiff
IBP No.123456; 01-05-15; Albay
PTR No. 123456; 01-05-15; Leg. City
Attorneys Roll No. 0987654321
MCLE V-0001234/4-14-19

RESARI AJERO SOLMIRANO

AND ASSOCIATES
No. 317 Pearanda Ext. St.,
Brgy. Bonot, Legazpi City 4500
Tel No. 480-234

Copy Furnished:

ATTY. JESSICA PEARSON

Counsel for Defendants
Pearson Hardman and Associates
M. H. Del Pilar St., Ilawod
Guinobatan, Albay

Page 4 of 4