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Republic of the Philippines

REGIONAL TRIAL COURT


6th Judicial Region
Branch 12
Makati City

Monkey D Luffy Plaintiff, CIVIL CASE No. 16-0956-2341

- versus – FOR: COLLECTION OF SUM OF


MONEY.

Trafalgar Law Defendant.


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Pre-Trial Brief for the Defendant

COMES NOW, the Defendant, thru the Public Attorney’s Office, by


the undersigned counsel, and unto this Honorable Court most respectfully
submit their Pre-trial Brief and aver that:

NATURE OF THE CASE

The defendant are facing a civil case for Recovery of possession with
application for preliminary writ of replevin with alternative prayer for
collection of sum of money premised on the Defendant alleged violation of
the terms and condition of the Promissory Note and Chattel Mortgage
executed with the Plaintiff.

STATEMENT OF FACTS AND DEFENCES

The defendants incorporate and adopt herein their special and


affirmative defenses as well as the statement of facts as set forth and
argued in their answer duly filed before this Honorable Court and copy
furnished to the plaintiff.
AMENABILITY FOR AN AMICABLE SETTLEMENT

The defendant are more than willing to settle their obligation with the
plaintiff amicably upon such terms that are just and equitable for both
parties.

FACTS PROPOSED FOR STIPULATION

1. That defendant contracted a loan from Plaintiff which was secured by


a Chattel Mortgage over a motor vehicle.
2. That the contract of loan signed by the Defendant is a Contract of
Adhesion prepared by the Plaintiff.
3. That under Article 1308 of the Civil Code a Contract of Adhesion is
discouraged by law for being heavily unilateral, hence, it is not
binding to the contracting parties.
4. That the contract was printed on a letter size with fine, small prints
and even the black spaces, words and characters that filled them
were encoded in small fine prints.
5. That Defendants obediently made payments on their obligation with
the Plaintiff and were only made aware demand when they received
the complaint.

WITNESSES FOR THE DEFENDANT


Defendant will present at least one witness who will testify on the
circumstances relating to the Promissory Note with Chattel Mortgage.
The defendant reserve their right to present, mark whose testimony
will establish their defense as the trial progresses.

Documents to be presented

1. Receipt copy of the payments


The defendants reserve their rights to present, mark and identify their
documentary evidence while the trial progress.

ISSUES

The following are the issues involved in the present case that needed
to be resolve:
1. Whether the contract entered between the parties is just and
equitable and;
2. Whether there was a violation of the contract between the parties.

PRAYER

WHEREFORE, it is most respectfully prayed that this Pre-Trial Brief


for the defendant is admitted.

Makati City June 1, 2018

BARAG LAW OFFICE


Counsel for the Defendant
7-C Crispa Ave., San Lorenzo Village,
Pamplona III, 1712 Makati City

By
ATTY Marlon SY
Counsel for the Defendant
Roll No. 52354
PTR No. 101229105-J/01-04-2016
IBP No. 1017535/01-04-2016
MCLE Compliance No. V-0023447
dated April 11, 2016
COPY FURNISHED:

ATTY. Raposon
Counsel for the Plaintiff
STF Law Firm, Suite 704, Hi-Residences Bldg.,
23th ST. Bonifacio High Taguig City