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Republic of the Philippines

REGIONAL TRIAL COURT


12th Judicial Region
Branch __, City of Iligan

SPS. DANIEL MATSUNAGA and


AIKA WURTZBACK-
MATSUNAGA,
Plaintiff,
CIVIL CASE. No. 17-001
-versus-
FOR: BREACH OF CONTRACT
SWEETS AND BLOOMS, hereby WITH DAMAGES
represented by its owner,
LAINERA M. NASSIEF-MANAN,
Defendant.
X---------------------------------------------/

DEFENDANTS PRE-TRIAL BRIEF


Defendant, thru counsel, unto this Honorable Court, most
respectfully states THAT:

I.

SUMMARY OF ADMITTED FACTS


AND PROPOSED STIPULATIONS OF FACTS

The Defendant admits the following:

1. Defendant Sweets & Blooms is a cake and floral arrangement


service provider with business address at Daku Building, Sabayle Street,
Iligan City;

2. Sweets & Blooms is owned by LAINERA M. NASSIEF-


MANAN (LAINERA for brevity);

The Defendant proposes the following facts:

1. Sweets & Blooms is only a sole proprietorship, an entity


without juridical personality;

2. SPS. DANIEL MATSUNAGA AND AIKA WURTZBACK-


MATSUNAGA ( SPS. MATSUNAGA for brevity) did not personally know
of the identity of LAINERA before the contract was executed;

3. It was not LAINERA who signed the contract that was


executed;
4. There is no existing contract executed between Sweets &
Blooms and Plaintiff SPS. Daniel Matsunaga and Aika Wurtzback-
Matsunaga and any person by the name of Anna Karen Cruz;

5. Plaintiff SPS. MATSUNAGA entered into a contract with a


fictitious and malicious person using the brand name Sweets and Blooms
to lure the Plaintiff into doing business with them;

II.

EVIDENCE FOR MARKING

1. Affidavit of the cake maker;


Purpose: to prove that there was a two-layered cake ordered and
made by Sweets and Blooms;

2. Affidavit of the cashier;


Purpose: to prove that there was a two-layered cake ordered and
made by Sweets and Blooms

3. Business Permit issued by Department of Trade and Industry


(DTI);
Purpose: to prove that Sweets & Blooms is operating a business in
a Sole Proprietorship;

4. Business Permit issued by Government of Iligan City;


Purpose: to prove that Sweets & Blooms is operating a business in
a Sole Proprietorship;

5. Memorandum to the employees by of the owner of Sweets &


Blooms, LAINERA;
Purpose: to prove that Sweets & Blooms did not start operating until
January 10, 2017;

6. Receipt for a sale transaction involving a two-layered cake;


Purpose: to prove that a sale was perfected involving a two-layered
cake;

III.

POSSIBILITY OF COMPROMISE

1. Defendant is willing to settle amicably the case and is open to


any compromise agreement as long as the same is reasonable and fair.
They are also willing to submit the case to any of the alternative modes of
dispute resolution.

2
IV.

PROSPOSED ISSUES OF FACTS

1. Whether or not there is a Contract executed between the


Plaintiff and the Defendant

2. Whether or not there is a Breach of Contract;

3. Whether or not the Defendant is guilty thereof;

V.

WITNESSES

1. Lainera M. Nassief-Manan to testify on nature of the business


and on the fact that a contract was never executed between the Plaintiff
SPS. Daniel Matsunaga and Aika Wurtzback-Matsunaga and Sweets and
Blooms;

2. Karyl Mae Otaza to testify on the circumstances of the sale


involving a two-layered cake;

3. Sittie Aiynee Bangon to testify on the circumstances on the


making of a two-layered cake by Sweets and Blooms;

VI.

APPLICABLE LAWS AND JURISPRUDENCE

1. Laws applicable:

a. Section 1, Rule 3 of the Revised Rules of Court;

b. Article 44 of the New Civil Code of the Philippines;

c. Article 1305 of the New Civil Code of the Philippines;

d. Article 1315 New Civil Code of the Philippines;

e. Article 1318 New Civil Code of the Philippines;

f. Article 1319 New Civil Code of the Philippines;

g. Article 1330 New Civil Code of the Philippines;

2. Jurisprudence Applicable:
3
a. Mangila v. Court of Appeals, 435 Phil. 870, 886 (2002);

b. Litonjua Group of Companies v. Vigan, 412 Phil. 627,


636 (2001);

c. Sandoval II v. HRET, 433 Phil. 290, 300-301 (2002);

VII.

TRIAL DATES

Trial dates will be subject to agreement between parties and the


convenience of the Honorable Court, which will be agreed during the pre-
trial conference.

RESPECTFULLY SUBMITTED.

This 12th day of September, 2017 Iligan City, Philippines.

AHMAD U. ABDULJALIL
Counsel for the Defendant
Until December 2019
PTR No. 123456 / 01-15-19 / Iligan City
IBP No. 654321 / 01-13-19 / Iligan City
Attorneys Roll No. 789456 2006
MCLE Compliance No. IV-0020571 June 5, 2015

Copy furnish:

ATTY. IRENE J. LAURON


Counsel for the Plaintiff
PTR No. 18909595:1-04-17:B.C.
IBP No, 693095:1-04-17:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Somontan Bldg.,
Tubod Hi-way, Iligan City