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    Pre-Trial Brief Following 2019 Rules

    Uploaded by

    Joel A. Ybañez
    This document is a pre-trial brief submitted by the defense counsel for a civil case regarding specific performance and damages. It provides 1) a brief statement of the plaintiff's claim, 2) the defendant's denial of the claims and their counterclaim for damages incurred due to the case, 3) the reliefs prayed for by both parties, 4) proposed admissions and stipulations of facts, 5) the issues to be tried, 6) a willingness to refer to commissioners, 7) the evidence and witnesses that will be presented, 8) points of law and legal citations, and 9) available trial dates.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Pre-Trial Brief Following 2019 Rules

    Uploaded by

    Joel A. Ybañez
    97 views4 pages
    This document is a pre-trial brief submitted by the defense counsel for a civil case regarding specific performance and damages. It provides 1) a brief statement of the plaintiff's claim, 2) the defendant's denial of the claims and their counterclaim for damages incurred due to the case, 3) the reliefs prayed for by both parties, 4) proposed admissions and stipulations of facts, 5) the issues to be tried, 6) a willingness to refer to commissioners, 7) the evidence and witnesses that will be presented, 8) points of law and legal citations, and 9) available trial dates.

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    Legal Procedure

    Original Title

    Pre-trial Brief following 2019 Rules

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    This document is a pre-trial brief submitted by the defense counsel for a civil case regarding specific performance and damages. It provides 1) a brief statement of the plaintiff's claim, 2) the defendant's denial of the claims and their counterclaim for damages incurred due to the case, 3) the reliefs prayed for by both parties, 4) proposed admissions and stipulations of facts, 5) the issues to be tried, 6) a willingness to refer to commissioners, 7) the evidence and witnesses that will be presented, 8) points of law and legal citations, and 9) available trial dates.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    97 views4 pages

    Pre-Trial Brief Following 2019 Rules

    Uploaded by

    Joel A. Ybañez
    This document is a pre-trial brief submitted by the defense counsel for a civil case regarding specific performance and damages. It provides 1) a brief statement of the plaintiff's claim, 2) the defendant's denial of the claims and their counterclaim for damages incurred due to the case, 3) the reliefs prayed for by both parties, 4) proposed admissions and stipulations of facts, 5) the issues to be tried, 6) a willingness to refer to commissioners, 7) the evidence and witnesses that will be presented, 8) points of law and legal citations, and 9) available trial dates.

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    © All Rights Reserved
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    REPUBLIC OF THE PHILIPPINES

    11th JUDICIAL REGION


    REGIONAL TRIAL COURT
    BRANCH _________
    POLOMOLOK, SOUTH COTABATO

    ___________________________, CASE NO.


    Paintiff,

    -versus-

    ______________________________,
    Defendant.
    x------------------------------------------x

    PRE-TRIAL BRIEF for DEFENDANTS

    WITH ALL DUE RESPECT TO THIS HONORABLE COURT, DEFENDANTS,


    through the undersigned counsel, submits this Pre-trial Brief to wit -

    BRIEF STATEMENT OF THE PLAINTIFF’S CLAIM

    This is a civil case for Specific Performance with Damages initiated by Plaintiff against
    Defendants claiming that …………………………………

    BRIEF STATEMENT OF DEFENDANTS’ CLAIM

    Defendants denied the claims of herein Plaintiff because the truth is that
    ………………………………………

    RELIEFS PRAYED FOR

    PLAINTIFF

    1. To remove and/or cancel any and all liens and encumbrances in the subject title;
    2. ……………………………………………………………

    DEFENDANTS

    1. That by virtue of this unwarranted and malicious act initiated by the Plaintiff, all
    of the Defendants were forced to engage counsel in the sum of P50,000.00 and
    P5,000.00 per appearance ;
    2. ………………………………………………………

    PROPOSALS FOR ADMISSION AND/OR STIPULATION OF FACTS

    3. That Plaintiff was never given possession of the said properties;

    4. …………………………………………………..

    ISSUE/S TO BE TRIED/RESOLVED

    Whether or not Plaintiff is entitled to the other reliefs sought in the complaint;

    Whether or not Defendants are entitled to their counterclaim for damages;

    PROPRIETY OF REFERRAL TO COMMISSIONERS

    The Defendants are willing to refer the issues to a commissioner if proper and as may aid in the
    prompt disposition of the instant case

    EVIDENCES

    - Those documents annexed to the Answer particularly:


    A. Special Power of Attorney as EXH “1” - to prove that Defendants are
    represented by the same authorized representative;
    B. ………………………………………..
    - Defendants reserve the right to present any and all documentary evidence, and those
    which shall become relevant to rebut Plaintiff’ s claims during the course of trial

    WITNESS/ES
    - Defendant will testify to prove the allegations and defenses set forth in the Answer
    and to identify relevant documents in support thereof. That
    …………………………………………

    - Defendants reserve the right to present additional witnesses during the pre-trial
    conference and presentation of evidence and any other witnesses whose testimony
    will become relevant to belie Plaintiff’s claims and witnesses, if necessary.

    BRIEF STATEMENT OF POINTS OF LAW AND CITATION OF AUTHORITIES

    1. Pertinent provisions of the Civil Code of the Philippines;


    2. As discussed in the case of Mila Reyes vs. Victoria Tuparan June 1, 2011 G.R.
    No. 188064 to wit -

    The Court holds that the contract entered into by the Spouses Nabus and
    respondents was a contract to sell, not a contract of sale.
    xxx

    AVAILABLE TRIAL DATES

    On such dates which the Court’s calendar may accommodate.

    Respectfully submitted this __________________ 2020. _____________ to Pasig, City.

    ATTY. ___________________________
    Counsel for the Defendants
    ____________________
    Roll No. ____________
    MLCE Compliance No. _____________
    IBP Lifetime No. _______________; __________ Chapter
    PTR No. _______________; _________
    Mobile No. +___________________
    Email Address: _________________

    Copy Furnished:

    ATTY. ________________________
    _______________________________

    BRANCH CLERK OF COURT


    Regional Trial Court Branch ____
    Pasig City

    EXPLANATION

    Due to lack of staff to personally deliver the above Pre-trial Brief and likewise due to the
    current pandemic situation, it is respectfully submitted that there is sufficient justification for
    furnishing a copy of such by registered mail /LBC courier and by email instead of personal
    service.

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