Republic of the Philippines MUNICIPAL TRIAL COURT Seventh Judicial Region Talisay City, Cebu VIRGILIO ESTORCO Plaintiff,

-versusALICIA MIJON and ROBERT MIJON, Defendants. x-----------------------------------------/ PRE-TRIAL BRIEF COMES NOW DEFENDANTS, unto this Honorable Court, most respectfully brings forth this PRE-TRIAL BRIEF, in that: I.) ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS Plaintiff admits only those facts stated in the ANSWER and further proposes for stipulation by Plaintiff, in the following facts: CIVIL CASE NO. 10-03 For: Collection of sum of Money

1. 2. 3.
4. II.)

Sometime in the early part of 2009, defendants offered its services to build and construct a residential house in Lawaan III, Talisay City, Cebu. Plaintiff submitted price quotations but defendants submitted a counteroffer, which was not approved by plaintiffs. As a matter of fact, defendants hired another contractor, Basas Construction Services to build and construct the subject residential house.

ISSUES TO BE RESOLVED 1. 2. Whether or not Defendants are liable to Plaintiff. Whether or not there was a demand letter sent to and received by Defendants. Whether or not the complaint and verification is in substantial compliance on the rules of Pleading.

3.

III.)

DOCUMENTS TO BE PRESENTED AFFIDAVIT OF WITNESSES ALICIA MIJON and ROBERT MIJON to attest that defendants did not hire the services of Plaintiff, nor

ANNEXES A and B

ANNEX C

was there any contract between the parties. AFFIDAVIT OF MICHELLE BASAS, proprietor

of

Basas

Constructions to prove that the construction purported to have been built by the plaintiff was actually constructed by the aboveANNEX D mentioned contractor. CONSTRUCTION CONTRACT between defendants and Basas Construction Services to serve as written proof that the parties ANNEX E entered into a valid and lawful contract. STATEMENT OF ACCOUNT addressed to Lolita Olores attached as Annex B of the complaint, to prove that the statement of ANNEX F accounts addressed to Lolita Olores and not defendants herein. DEMAND LETTER attached as Annex D of the Complaint, will be presented prove that the demand letter attached to the complaint does not show that it was addressed to the defendants herein nor was it signed by plaintiff or his counsel the signature being different ANNEXES G-1 to G-10 from the complaint. CHARGE INVOICE attached as Annexes A-1 to A-10 of the Complaint will be presented, to prove that the construction materials allegedly supplied were not received by defendants but ANNEX H was not delivered to an unnamed person. VERIFICATION OF THE COMPLAINT which is not notarized and did not reflect PTRs, IBP Nos. and MCLE compliance Nos. of Counsels, will be presented to establish that the verification attached to the complaint was not verified and the pleadings submitted did not contain the respective PTRs, IBP Nos. and MCLE Compliance Nos. of Counsel and must be expunged from the records of the court, being a mere scrap of paper. IV. WITNESSES TO BE PRESENTED Defendants will present at least three (3) witnesses: Alicia Mijon, Robert Mijon and Michelle Basas. Alicia Mijon and Robert Mijons testimony will prove that defendants did not hire the services of plaintiff for the construction of their residential house. Michelle Basas will prove that it was her construction company who supplied materials and built the house. Their respective testimonies will take at least an hour each excluding the time for crossexamination. Nevertheless, defendants with leave of this Honorable Court are expressly reserving their right to present additional witness during the trial of the case. The submission of affidavits are also expressly reserved. V.) MODES OF DISCOVERY AND REFERRAL TO COMISIONERS

The defendants hereby manifests their intention to await of the modes of discovery like the production of pertinent documents and referrals to commissioners VI.) AVAILABLE TRIAL DATES We respectfully propose that trial dates be fixed during the pre-trial conference to avoid conflict of calendar between parties and the Honorable Court.

PRAYER WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed of the Honorable Court, that the foregoing PRE-TRIAL BRIEF be duly considered. Defendants pray for such other measures of relief as the Honorable Court may deem just and equitable under the premises. MOST RESPECTFULLY SUBMITTED. Cebu City, Philippines, February 25, 2012

CAPJAB LAW OFFICE Counsel for the Plaintiff Rm. 311, Doa Luisa Building, Fuente Osmea, Cebu City By : CHARO P. ARAEZ PTR No. 55987 Cebu City Lifetime IBP No.56788 Issued 12.27.11 Cebu City SC Roll No. 56678 MCLE Compliance No. IV April 15, 2011 Cebu City

Copy furnished: THE HONORABLE CLERK OF COURT Municipal Trial Court, Cebu City ATTY. GYPSY PREMACIO ATTY. EDGAR JUDE GENOSOLANGO ATTY. ANATHY GO ATTY. JOSE NIO OCMEJA Counsels for the Plaintiff

PREMACIO, GENOSOLANGO, GO, OCMEJA, BANQUIL, ROSITO LAW OFFICE 2/F Hollywood Bldg., South Road Tabunok, Talisay City, Cebu GREETINGS: Kindly submit the foregoing PRE-TRIAL BRIEF for the consideration and approval of the HONORABLE COURT and may it please be immediately upon receipt hereof without need of appearance and oral argument. The distinguished Counsels for Plaintiff may please be informed and notified of the foregoing submission. Thank you.

CHARO P. ARAEZ

Copy furnished: ATTY. GYPSY PREMACIO ATTY. EDGAR JUDE GENOSOLANGO ATTY. ANATHY GO ATTY. JOSE NIO OCMEJA Counsels for the Plaintiff PREMACIO, GENOSOLANGO, GO, OCMEJA, BANQUIL, ROSITO LAW OFFICE 2/F Hollywood Bldg., South Road Tabunok, Talisay City, Cebu