Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

PRE-TRIAL BRIEF

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

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from defendant,

1.2. 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 Plaintiff claims that defendant failed to pay the purchase price of FIVE HUNDRED THOUSAND PESOS (Php 500,000.00) for the Rolex watch delivered to the defendant.

2.2 Defendant raise as defenses that no sale ever transpired and that the checks issued to Mr. Ramsey were stolen and the defendant’s signature forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer, i.e., their personal circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issue is subject to proof:

4.1.1. The loss of the defendant’s checks as the cause for the account’s closure and forgery of his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a contract of sale with the plaintiff;

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and defendant actually met at the Shangri-La Makati Hotel, that the Rolex was the subject matter of a contract of sale between the plaintiff and defendant, and that the defendant paid in cash FOUR HUNDRED THOUSAND PESOS (P400,000) and issued the checks covering the balance;

5.1.2 Ms. Cristine Reyes, manager of the hotel restaurant, as witness to the meeting and the transaction;

5.2. 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 belie defendants’ witnesses, if necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff does not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from defendant, plaintiff reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES

March 17, 2011, March 23, 2011, March 30, 2011 and April 4, 2011

ARFEL JANE C. CABRADILLA

Roll No. 44403

IBP No. 9849 (Lifetime) Cebu City

MCLE Compliance No. III-0008600

PTR No. 1161031-5-8-2016-Cebu City

Telephone No. (032) 253-1890 local 101

E-mail Address: ajccabradilla@cdplawoffice.com

Copy furnished, in accordance with

Section 11, Rule 13 of the Revised Rules of Court, by registered mail, in

view of far distance making personal service not practicable, to:

ATTY. JOHN EMMANUEL F. MADAMBA

Assistant Solicitor General

134 Amorsolo Street,

Legaspi Village, Makati City

and by personal service, to:

ATTY. MARINO E. MARTINQUILLA

Cebu Provincial Legal Officer

3rd Floor, Capitol Building,Cebu City

ATTY. CHEVIN Q. VASQUEZOIC,

Clerk of Court V

Regional Trial Court of Cebu City, Branch 9,

3/F Qimonda IT Center,

Sergio Osmeña Boulevard,

Cebu City