REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION MAKATI CITY, BRANCH 112 DEREK

RAMSEY, Plaintiff, - versus JOHN LLOYD, Defendants. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Civil Case No. 100110 For: Collection of sum of money

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. Plaintiff 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, plaintiff 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 Mr. Ramsey 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. Plaintiff intends to present the following witnesses: 5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and defendant actually met at the Shangri-La Makati 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; 5.1.2 Ms. Cristine Reyes, manager of the hotel restaurant, as witness to the meeting and the transaction; 5.2. Plaintiff reserves the right to present any and all documentary evidence, which shall become relevant to rebut defendants claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie defendants witnesses, if necessary. VI. RESORT TO DISCOVERY 6.1. Considering the relatively simple issues presented, plaintiff does not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from defendant, plaintiff reserves the right to resort to discovery before trial. VII. AVAILABLE TRIAL DATES March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011 RESPECTFULLY SUBMITTED. Makati City. 2 March 2011.

CRISOLOGO CRUZ FAJARDO FRANCISCO MULI SIRON SOLLER Counsel for the Plaintiff 25th Floor CitiBank Towers,Valero St. Makati City, Philippines

By:

CAESAR JOSE F. FRANCISCO IBP # 605482 1/8/11 Paranaque City PTR # 0417576 1/8/11 Pasig 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., Makati City