Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch 1, Dipolog City

FEVIE GANDANGHARI CIVIL CASE NO. 001

Plaintiff.

- versus -
FOR DAMAGES
AGUSTIN GAHIG-ULO
Defendant

x---------------------------------------------x

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 SUCH
SETTLEMENT

1.1 Defendant is open to settling this dispute amicably,

subject to a concrete proposal that is fair and
reasonable and a reciprocal manifestation of
openness from plaintiff;

1.2 Defendant is willing to submit himself to mediation

and other alternative modes of dispute resolution.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Defendant raises as defense negligence of ALDEN

GANDANGHARI as the sole and proximate cause of
his death;

II.2 Defendant claims for moral damages, attorneys

fees, and appearance fee.

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
location of the caimito tree.

Defendant is open to stipulations over and above the

foregoing admissions.

IV. PROPOSED STIPULATION OF FACTS

Defendant requests Plaintiff to admit the following

facts:

4.1 There was no demand made by the Plaintiff to fell

the caimito tree;

IV.2 That the Caimito tree is not a nuisance;

IV.3 There was a super typhoon advisory and the

Mayors office released a directive for forced
evacuation due to the super typhoon; and
 IV.4 That the directive was reiterated through mass
media and personal house visits by Barangay
Tanod two (2) days prior to the landfall.

V. ISSUES TO BE TRIED

Defendant submits that the following issue is subject to

proof:

5.1 Whether or not the proximate cause of Alden

Gandangharis death is the negligence of the
Defendant in failing to observe the necessary
measure to avoid untoward accident to passers-
by;

5.2 Whether or not there was a demand made by the

Plaintiff and Kendara Kendra to the Defendant to
fell the tree;

VI. LIST OF EXHIBITS TO BE PRESENTED

Defendant will present the following exhibits:

6.1 PAGASA report to prove that there was a super

typhoon on the date of the incident; and

6.2 Directive from the Mayors Office for forced

evacuation due to landfall of super typhoon to
prove negligence of Alden Gadanghari in going out
that night despite warning.

VII. WITNESSES TO BE PRESENTED

 Defendant intends to present the following witnesses:

7.1 Mr. Agustin Gahig-Ulo, to establish that the Plaintiff

and Kendara Kendra never made any demand
from the Defendant;

7.2 Mr. Noel Echosero, a barangay tanod, to establish

that a house visit to the Gandangharis was made
to remind them of the forced evacuation;

7.3 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.

VIII. RESORT TO DISCOVERY

8.1 Considering the relatively simple issues presented,

plaintiff does not intend to avail of discovery at
this time.

IX. AVAILABLE TRIAL DATES

It is respectfully requested that the trial dates be set

during the pre-trial conference to dates most
convenient to this Honorable Court and to all the
parties.

MOST RESPECTFULLY SUBMITTED.

Dipolog City, Philippines, February 7, 2017.

 LOUISE VIVIEN M. RAMOS
Counsel for the Defendant
Roll No. 23567-2013
IBP No. 808887-1/3/14
PTR No. 4562844- 10/3/11; ZDN
MCLE Compliance III No.
0013601
Issued on September 22, 2013

Copy Furnished:
By Personal Service

Atty. Jessa Martin

Dipolog City