REPUBLIC OF THE PHILIPPINES

Sixth Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch 1, Bacolod City

MARK C. BACHARO
Plaintiff,

-versus- CIVIL CASE NO. 1848-04

FOR UNLAWFUL
DETAINER

RALPH JOHN Y. GUERRERO

Defendant
X-------------------------------X

PRE-TRIAL BRIEF

DEFENDANTS, by counsel, unto this Honorable Court

respectfully submit their pre-trial brief, as follows:

I. STATEMENT AS TO AMICABLE SETTLEMENT

1.1 The DEFENDANTS manifest that they are willing to explore
possibilities for an amicable settlement that is fair and reasonable
under the circumstances.

1.2 Provided that plaintiff is open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable from
and a reciprocal manifestation of openness from defendant.

1.3 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 That Defendants admit that they obtained a credit in the amount
of FOUR HUNDRED THIRTY EIGHT THOUSAND FIVE
HUNDRED AND FORTY SIX PESOS and 88/100 (P438,546.88)
from the Plaintiff on September 15, 2018;
2.2 Plaintiffs claimed that Defendants failed to pay the amount of
FOUR HUNDRED THIRTY EIGHT THOUSAND FIVE
HUNDRED AND FORTY SIX PESOS and 88/100 (P438,546.88)
when it became due on November 14, 2018;
2.3 Defendants raise as a defense that Defendants tendered their
series of payments before November 14, 2018, amounting to
THREE HUNDRED NINETY THOUSAND PESOS
(P390,000.00) to the Plaintiff’s accounting office as received by
their head accounting officer, Mr. Vicente G. Abad.
2.4 That Mr. Vicente G. Abad gave an official receipt to the
defendant as proof of payment, attached herein, marked as
Annex “A”, “B” and “C”;
2.5 That Mr. Vicente G. Abad and herein defendants signed the said
receipt in the presence of Ms. Lilly A. Cruz and Ms. Ivy B. Aguas,
both of legal age, and who are also accounting officers of the
Plaintiff.
2.6 That Defendants admit they have received Plaintiff’s demand
letter in Paragraph seven (7) but responded through a letter,
dating November 24, 2018, averring that the remaining balance
is only FORTY EIGHT THOUSAND FIVE HUNDRED FORTY
SIX PESOS and 88/100 (P48,546.88) not FOUR HUNDRED
THIRTY EIGHT THOUSAND FIVE HUNDRED FORTY SIX
PESOS and 88/100 (P438,546.88) as the Plaintiff alleges. Copy of
the letter is attached herein, marked as Annex “D”;
2.7 That Defendants was not able to receive any objections on their
reply to the Plaintiff’s demand letter and had a reason to believe
that there no more exists any issue on the Defendant’s
Outstanding Balance and tendered their remaining debt of
FORTY EIGHT THOUSAND FIVE HUNDRED FORTY SIX
PESOS and 88/100 (P48,546.88) to Mr. Vicenter G. Abad on
November 26, 2018 in the presence of Lilly Cruz and Ivy Aguas.
Copy of receipt is hereto attached as Annex “E”.
2.8 To this date, the Defendants have no remaining credit to the
Plaintiff as the same have already been paid. Therefore, there can
be no action where no injury is sustained, the truth being those
alleged in the preceding paragraphs.

III. STATEMENT OF FACTUAL AND LEGAL ISSUE

3.1 Whether or not the credit obtained was paid; and
3.2 Whether or not plaintiff is entitled to recover litigation expenses,
collection charges/liquidated damages and such other reliefs from
defendants as prayed for in his Complaint.

IV. EVIDENCE
4.1 Defendants intends to present the following witnesses:
a. Mr. Vicente G. Abad, to testify the authenticity, due
execution, and existence of Official Receipt No. 8192-0900
dated October 12, 2018 declaring the payment of One
Hundred Fifty Thousand Pesos (P150,000.00); Official Receipt
No. , 8211-0034 dated October 26, 2018 declaring the payment
of One Hundred Fifty Thousand Pesos (P150,000.00); Official
Receipt No. 8243-1529 dated November 6, 2018 declaring the
payment of Ninety Thousand Pesos (P90,000.00); and Official
Receipt No. 8243-1529 dated November 26, 2018 declaring the
payment of Forty Eight Thousand Five Hundred Forty Six
and 88/100 (P48,546.88).
b. Ms. Lilly A. Cruz, to establish that Mr. Vicente G. Abad, is
authorized to issue the Official Receipts, that Defendants
actually met him in the accounting office, the same being in
the place of business of the Plaintiff, and that Defendants paid
their credit to Mr. Abad in the amounts of One Hundred Fifty
Thousand Pesos (P150,000.00)，One Hundred Fifty
Thousand Pesos (P150,000.00)，Ninety Thousand Pesos
(P90,000.00) and Forty Eight Thousand Five Hundred Forty
Six and 88/100 (P48,546.88).
c. Ms. Ivy B. Aguas, to establish that Mr. Vicente G. Abad, is
authorized to issue the Official Receipts, that Defendants
actually met him in the accounting office, the same being in
the place of business of the Plaintiff, and that Defendants paid
their credit to Mr. Abad in the amounts of One Hundred Fifty
Thousand Pesos (P150,000.00)，One Hundred Fifty
Thousand Pesos (P150,000.00)，Ninety Thousand Pesos
(P90,000.00) and Forty Eight Thousand Five Hundred Forty
Six and 88/100 (P48,546.88).
Plaintiff reserves the right to present other witnesses as may be
necessary in the course of the trial.
4.2 Documentary Evidence in the form of receipt issued by the
Plaintiff’s Head Accounting Officer, Mr. Vicente G. Abad.
a. Annex “A” -Official Receipt No. 8192-0900 dated October 12,
2018
b. Annex “B” -Official Receipt No.8211-0034 dated October 26,
2018
c. Annex “C” -Official Receipt No.8243-1529 November 6, 2018
d. Annex “E” -Official Receipt No. 8243-1529 dated November
26, 2018
4.3 The existence of a Letter of Reply to Plaintiff’s demand letter,
dating November 24, 2018. Attached hereto as, Annex “D”
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 belief
defendants’ witnesses, if necessary.

V. RESORT TO DISCOVERY
5.1 Considering the relatively simple issues presented,
Defendants do not intend to avail of discovery at this time;
5.2 Subject, however, to a concrete and reasonable request for
discovery from Plaintiff, Defendants reserve the right to resort to
discovery before trial.
PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the PRE-TRIAL BRIEF be
NOTED.

AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on any of the dates
of January 19, 22, and 26, 2009. The undersigned counsel also respects
the calendar of this Honorable Court and agrees to other dates that
may be set during the pre-trial as may be convenient to the counsel for
the plaintiff and the Honorable Court.

RESPECTFULLY SUBMITTED.
Bacolod City, January 18, 2019.

CHERRY ANN MARIE MARTIR

Roll of Attorney’s No. 01287
IBP No. 124365 (01.15.2016) Bacolod City
PTR No. 1234567 (01. 15.2016) Bacolod City
MCLE Compliance No. IV- V-1122678-1/16/14

Counsel for the Defendants

 ABASTILLAS & MARTIR LAW OFFICES
2nd Floor, AGM Building
Carlos Hilado Street, Bacolod City, Philippines
Telefax: (034) 407-1111

COPY FURNISHED:
Thirsty R Us
Plaintiff
5F, TRU Building, 6th Lacson Street
Bacolod City, Philippines