REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MANDALUYONG CITY, BRANCH 23

Brainy Kids Montessori

represented by Min A. Chin, President/Owner
Plaintiff,

-versus- Civil Case No. 31

For: Collection of Sum of Money

Security Bank – Kaletong Branch,

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

PRE TRIAL BRIEF

Third Party Defendant, by and through the undersigned counsel most

respectfully submits this pre-trial brief:

POSSIBILITY OF AMICABLE SETTLEMENT

The Third-Party Defendant is ready, willing and able to submit this case to

any alternative mode of dispute settlement on terms which are reasonable and

allowed by the rules.

 STIPULATION OF FACTS

1. That Third-Party Defendant is the former External Auditor of Brainy Kids

Montesorri whose employment as such ended on July 14, 2018;

2. That Third-Party Defendant, while working as External Auditor, stole and

encashed a total of nine (9) checks amounting to Seven Hundred Eighty Two

Thousand Six Hundred Pesos (Php 782,600.00);

3. That during the conduct of auditing, External Auditor Alvarez discovered

that nine (9) checks issued by Defendant Bank under Montessori’s Account

No. 029-0081-01, bearing Plaintiff’s signature, has been encashed by a

certain Magna Nacao since 2015;

4. That the Third-Party Defendant fraudulently forged the signature of the

Plaintiff, and alias Magna Nacao encahsed the same;

5. That the said account of Magna Nacao is under the supervision and control

of the Third-Party Defendant;

6. That on 14 July 2018, the Plaintiff went to the house of Third-Party

Defendant to obtain her explanation regarding on the stolen checks and the

latter executed a letter of apology;

Page 2 of 4
 7. That the Third-Party Defendant has no intention to commit this crime.

However, because of her financial problems due to the dialysis of her father,

the therapy of her mother and being the bread-winner she decided to issue a

checks in favor to herself thru the account of Magna Nacao to the Defendant

Bank to cover all the medical and other expenses of her family;

ISSUES TO BE RESOLVED

1. Whether or not the Third-Party Defendant can be held liable to the

negligence of the Defendant Bank for processing the forged check issued by

the Plaintiff against Mr .Magna Nacao;

DOCUMENTS TO BE PRESENTED

1. <Letter of Apology lang ba Document na I pre-present natin?>

AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on the following dates, 6, 13,

20, and 27 of January 2019. The undersigned counsel also respects the calendar of

this Honorable Court and agrees to other dates that may be set during the pre-trial

as may be convenient to the counsel for the Plaintiff, Defendant and the Honorable

Court.

RESPECTFULLY SUBMITTED.

Mandaluyong City, Philippines, 07 December 2018.

Page 3 of 4
 ATTY. FARROKH BULSARA
Counsel for the Third-Party Defendant
Bulsara and Associates Law Firm
13 Floor, Villain’s Tower Forger’s Village,
th

Mandaluyong City
Roll No. XXXXXX
IBP No. XXXXXX;

Page 4 of 4