Republic of the Philippines Regional Trial Court of Zamboanga City 9th Judicial Region Branch ____

BALLAHO CORPORATION Represented by IAN FRANK ENRIQUEZ BALLAHO Plaintiff, Vs. SAMINISTRADO FOODSCORPORATION and FLORENCIO SAMINISTRADO JR. in his capacity as Marketing Director and in his personal capacity Defendant.

Civil Case no. 1234 - for -

COLLECTION OF SUM OF MONEY

x------------------------------------------------------------------------------------------------------------------x PRE-TRIAL BRIEF FOR THE DEFENDANT Defendant, by counsel, respectfully submits his Pre-trial Brief in compliance with the order of this Honorable Court, to wit: I. Brief statement of the Case

The defendant was a Mexican national and the owner of Saministrado Corporation which was established in Tijuana, Mexico. Herein plaintiff and his wife counsel for the plaintiff bought a franchise of the said company and establishes its main branch in Manila and another branch and factory in Zamboanga City. Few years later, allegedly the company suffered losses, so they hired herein defendant to be the managing director of the company, but plaintiff were not able to pay the salary of the defendant as well as the franchise fee, which prompted the defendant to file a case against herein plaintiff, which is now pending with the Supreme Court.

II.

Possibility of Amicable Settlement Amicable settlement is possible, if plaintiff will pay its debt incurred against herein defendant and withdraw the case.

III.

Admissions and Stipulations

Defendant admits:

1. That defendant is the owner of Saministrado Corporation.

2. That the defendant entered into a contract. 3. That the plaintiff is the manager and owner of Ballaho corporation. 4. That defendant is a Mexican national.

5. That defendant received demand letters from plaintiff.

Defendant Stipulates

1. That defendant entered into a contract of rent as a duly authorized representative of Saministrado Company
2. That defendant did not issue a check for the payment of rent. 3. That defendant did receive any salary from his work as a managing

director of the company. 4. That plaintiff gives the Saministrado Company a 50% discount on rent. 5. That the plaintiff was the Franchise owner of the Saministrado Corporation.

IV.

Witnesses

The Mexican lawyer who notarized the contracts

To testify on the authenticity of the contract entered into by the plaintiff together with his wife, herein counsel for the plaintiff.

The Philippine Ambassador to Mexico

To testify on the authenticity and due execution of the contract since plaintiff is a Filipino national.

The Board of Directors Vice-Chairman

To testify on the authenticity of the Board Resolution issued.

The Clerk of the Finance Department

To testify on the signatures that appeared on the face of the check

The chief Accountant

To testify on who requested for the issuance of the check.

The notary public who notarized the employment contract

To testify on the validity and authenticity of the Employment Contract issued.

The HR Head

To testify on the authenticity of the DTRs of the defendant.

V.

Exhibits

1. DTR 2. Board Resolutions 3. Employment Contract 4. Franchise Contract 5. Carbon Copy of Check 6. Voucher 7. Passport

VI.

Applicable Laws and Jurisprudence

1. Article 1308 and Article 1317 of the Civil Code of the Philippines

2. Section 1, rule 16 of the rules of court

3. Other pertinent provisions of the Civil Code of the Philippines and other case laws.

VII.

Issues:

1. Whether or not the case filed against herein defendant constitute forum shopping. 2. Whether or not duly authorized representative is liable in case the obligation is not fulfilled.

VIII.

Amendments to the Pleadings

None.

IX.

Other Matters To Expedite Disposition of the Case

None.

X.

Available Trial Dates of Counsel

February 2012

WHEREFORE, it is most respectfully prayed that this pre-trial brief be noted.

Respectfully submitted. Zamboanga City, Philippines

28 December 2011

Notary Public

Copy furnish: Counsel for the Plaintiff