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Pre-Trial for Defendant

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  REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT 7 th  Judicial Region Branch 50 Cebu City PSBANK,  Plaintiff, -versus- Civil Case No. CEB 1234 For: Replevin/ Recoveryof Personal PropertyJUAN VILLORDON  Defendant.x--------------------/ PRE-TRIAL BRIEF DEFENDANT , through counsel and unto thisHonorable Court respectfully submits herein Pre-Trial Brief declaring the following: I. WILLINGNESS TO ENTER INTO AN AMICABLESETTLEMENT AND POSSIBLE TERMS OF ANY SUCHSETTLEMENT  1.1. Provided that plaintiff is open tosettling this dispute amicably, subject to aconcrete proposal that is fair and reasonablefrom and a reciprocal manifestation of opennessfrom defendant, 1.2. Pursuant to Rule 18 of the 1997 Rules ofCivil Procedure, plaintiff respectfully submitsthat the desired terms of any amicablesettlement would involve, first, an admissionof amount due and owing to plaintiff and,second, a schedule of payments. II. BRIEF STATEMENT OF THE CASE AND CLAIMS OF THEPARTIES 2.1. This is a case for the recovery ofpersonal property or replevin of a motorvehicle;  2.2. The Plaintiff claims the issuance of aWrit of Replevin for the immediate seizure andrecovery of possession of the motor vehiclecomplete with all its accessories and equipmenttogether with the Registration Certificatewhile the Defendant prays to deny such remedy. 2.3 The Plaintiff also claims that in theevent that manual delivery of the said motorvehicle cannot be effected, to render judgmentin favor of the plaintiff against theDefendants, ordering them to pay plaintiffjointly and severally the principal sum ofP870,000, plus liquidated damages, penalties,and interests until fully paid. Defendantrespectfully opposes such judgment sought sincethe case raised by the plaintiff is withoutmerit and defendant has religiously compliedwith its obligations under the loan. III. STIPULATION OF FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3.1. The following facts are admitted:3.1.1. Personal Circumstances of theParties;3.1.2. Defendant admits the allegationscontained in paragraphs 1, 2, 3, 4, and 12of the Complaint;3.1.3. Defendant admits that he undertookto pay the loan in monthly installments ofP14,333.33, payable on the 5th day of eachmonth starting on March 05, 2017 toFebruary 05, 2022, at 22.10% annualinterest. 3.1.4. The Defendant admits that the motorvehicle is presently in the possession ofthe Defendant. IV. ISSUES 4.1. Defendant respectfully submits that theissues on this case are:  4.1.1. Whether or not the Defendantshould have the lawful possession of thesubject motor vehicle free from the bank’sseizure;4.1.2. Whether or not the Plaintiff’scontentions are meritorious consideringthat Defendant has proof of payment formonths alleged to be defaulted;4.1.3. Whether or not the Plaintiff isliable for damages for that which aresustained by the Defendant.  V. DOCUMENTS TO BE MARKED AND PRESENTED 5.1. Defendant will present the followingdocuments as evidences:5.1.1. Exhibits “1”- Machine copy ofdeposit slip dated July 07, 2017 in theamount of P15,000.00 is hereto attached asAnnex 1 and made an integral part ofthis Answer;5.1.3. Exhibit “1-A” and “1-C” -Machine copies of Defendants deposit slipsfor the months of August to October, 2017Demand letter sent by the Plaintiff to theDefendant dated November 05, 20175.1.4. Exhibit “2-A” and “2-D” – Machinecopies of Defendant's Loan Payment Slips:P15,000.00 on July 9, 2017, P15,000.00 onAugust 9, 2017, P15,000.00 on September10, 2017, and P15,000.00 on October 8,2017  VI. WITNESSES TO BE PRESENTED Defendant will present the following three (3)witnesses: SIMBA A. AMANPULO – to testify and prove theexistence of the auto-debit agreement signed by theDefendant with the bank.   WINONA B. WURTZBACH – to testify and prove thatthe defendant went to the bank to clarify the issueon the demand letter sent and that the machinecopies of the deposit slip were presented as proofof payment.  VII. RESORT TO DISCOVERY  7.1. Considering the relatively simple issuespresented, Defendant does not intend to avail ofdiscovery at this time;7.2. Subject, however, to a concrete andreasonable request for discovery from defendant,Defendant reserves the right to resort to discoverybefore trial.  VIII. TRIAL DATES It is respectfully requested that the trialdates be set during the pre-trial conference todates most convenient to this Honorable Court andto all the parties.RESPECTFULLY SUBMITTED.Cebu City, May 25, 2018 By:  ATTY. SHAMU M. SAYSON Counsel for the DefendantLightsaber St. Banilad, Cebu CityTel.No. 032-487 6347 Copy Furnished:  Atty. SANDRA JANE N. SOON Counsel for the PlaintiffGovernor M. Cuenco Ave.,Banilad, Cebu City
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