REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT OF ILOCOS NORTE
LAOAG CITY BRANCH XIII

EDWIN FREDDES V. DE LA CRUZ, et al.,

Plaintiffs,

versus CIVIL CASE NO. 1247- 13

For: DAMAGES

MARIA DE LEON TRANSPORTATION, INC.,

Defendant,

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PRE- TRIAL BRIEF

DEFENDANT, through counsel, respectfully submits his Pre- Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT:

A. Plaintiff is open to settling the dispute amicably, subject to a proposal that is

reasonable and a manifestation of openness from defendant.

II. DEFENDANT ADMITS THE FOLLOWING FACTS:

A. That the defendant is a common carrier;

B. That the plate number of the defendants bus is AVG 146;

 C. The bus number is 43;

D. Driven by Brigido B. Asis (+) from Laoag City to Manila;

III. DEFENDANT PROPOSES THE FOLLOWING FACTS:

A. That the defendant bus number 43 was on the National Highway in Ilocos Sur,

particularly at Brgy. Bulag East, Bantay;

B. That the said bus was driven at a moderate speed when it was rammed by a passenger

truck of the Philippine Rabbit Bus Lines, Inc., which came from the opposite direction;

C. That the Philippine Rabbit Bus Lines bus was travelling at a very fast speed and

encroached on the lane of the defendants bus;

D. That the Philippine Rabbit Bus Lines bus had only one tire on its rear / passenger side

instead of the requisite two or double tire as normally required;

E. That the defendants bus driver was pinned to death on the drivers seat;

F. That the defendants co- drivers including the passengers were seriously injured;

G. That the defendant bus was severely damaged;

H. That the injured passengers including the other driver were brought to the hospital by

the defendant;

I. That the defendant tried to alleviate the sufferings of its passengers by giving them

financial assistance during their period of confinement and treatment;

J. That the defendant exercised extra- ordinary diligence in the selection and supervision

of its employees, particularly its drivers;

K. That the defendant bus exercised extra- ordinary diligence in transporting their

passengers.
IV. ISSUE

Whether or not the defendant is liable for the damages claimed by the plaintiff

V. EVIDENCE

A. Affidavit of the conductor of the bus;

B. Affidavit of the co- driver;

C. The defendant reserves the right to present all documentary evidence which will be

relevant to rebut the plaintiffs claim.

VI. LAWS AND JURISPRUDENCE

Cesar L. Isaac vs. A. L. Ammen Transportation Co., Inc.,(G.R. no. L-9671)

A carrier is presumed to be at fault or to have acted negligently in case of death of, or

injury to, passengers, it being its duty to prove that it exercised extra ordinary diligence

Macawili vs. Panay Autobus CO.( 52 O.G. 3595)

While it is true that is not incumbent upon the passenger to show the negligence of the

driver, it is nevertheless axiomatic that the driver has the right to prove his prudence and care to

be absolved from liability

VII. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set to the dates most convenient to this

honorable court and to all the parties.

RESPECTFULLY SUBMITTED.

Laoag City: October 17, 2016

JAN MICHAEL VINCENT T. RILLON

Counsel for the defendant
JMV LAW OFFICE
IBP No. 12537 / 10-10-10
Ptr No. 12573 / 10-10-10
MCLE No. 1729437 / 13-13-13
Roll No. 12573 / 05-05-10

COPY FURNISHED:

By Personal Service

Atty. Angel Mikaela- Patzy

Counsel for the plaintiff