Republic of the Philippines
First Judicial Region
Regional Trial Court
Branch 3
Baguio City
JOHNNY WALKER,
Plaintiff Civil Case No. 03
-versus- For: Specific Performance
and Damages
LUPA REALTY INCORPORATED,
Defendant
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PRE-TRIAL BRIEF OF THE DEFENDANT
The Defendant, represented by the undersigned counsel as its
attorney-in-law, respectfully submits to this Honorable Court this Pre-
Trial Brief, to wit:
I. WILLINGNESS TO ENTER INTO AN AMICABLE
SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT
1.1. Defendant 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,
Defendant respectfully submits that the desired terms of any amicable
settlement would involve, first, a clarification of the actual extent of
any obligation due and owing to Plaintiff inasmuch as there is nothing
to indicate Defendants obligations to Plaintiff and, second, a schedule
of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff claims that Defendant failed to transfer the
properties subject of the compromise embodied in Board Resolution
No. 1, Series of 2008 to compensate for Plaintiffs unpaid salaries and
accounts receivable due from Defendant.
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2.2. Defendant raises as defense the lack of cause of action in
the for personal liability attaches to the then Board of Directors and
not to the Defendant itself.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES
3.1. Defendant admits only those facts stated in their Answer,
to wit:
3.1.1. the personal circumstances of the Plaintiff and
the Defendant;
3.1.2. Plaintiff was a member of the Board and the
Chief Operating Officer of Defendant;
3.1.3. the existence of a Board Resolution was issued
in favor of Complainant pursuant to the allegedly executed
compromise agreement;
3.1.4. Plaintiff had tendered his irrevocable
resignation;
3.1.5. Plaintiff took possession of the agricultural
land covered by TCT No. 3 and introduced improvements
thereon;
3.1.6. Plaintiff went to the United States of America
and become an American citizen;
3.1.7. Plaintiff never took actual possession of Units
1, 2 and 3 of Maargay condominium despite the his
possession of the tiles covering them; and
3.1.8. Defendant, through its chairman of board,
received the demand letter from Plaintiff.
IV. ISSUES TO BE TRIED
4.1. Plaintiff submits that the following issue is subject to proof:
4.1.1. Whether Defendants affirmative defense is
meritorious; and
4.1.2. Whether Defendant is entitled to damages.
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4.2. Defendant submits that the following issues are subject to
proof:
4.2.1. Whether the acts of the then Board of Directors
binding upon the Defendant to make the latter liable under
Board Resolution No. 1, Series of 2008; and
4.2.2. Whether Plaintiff entitled to damages.
V. EVIDENCE
5.1. Defendant intends to present the following witness:
5.1.1. Ms. Joyce Jones, former Chairman of the
Defendant Corporation, as witness to the Board meeting
and the transaction.
5.2. Defendant reserves the right to present any and all
documentary evidence, which shall become relevant to rebut Plaintiffs
claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belie Plaintiffs witnesses, if
necessary.
VI. RESORT TO DISCOVERY
6.1. Considering the relatively simple issues presented,
Defendant does not intend to avail of discovery at this time;
6.2. Subject, however, to a concrete and reasonable request for
discovery from Plaintiff, Defendant reserves the right to resort to
discovery before trial.
VII. AVAILABLE TRIAL DATES
Specifically all Fridays of the month of April 2017, with the
regular appearance of the undersigned counsels for both parties before
this Honorable Court.
RESPECTFULLY SUBMITTED.
Baguio City, Philippines, March 31, 2017.
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ADING Q Law Office
123 Andres Bonifacio Street, Baguio City
Tel. No. 442-9876
Email: [email protected]
By:
HANNAH GRACE IGNACIO
Counsel for Defendant
PTR No. 123456, 1.10.17, Bgo.
IBP No. 123456, 1.10.17. Bgo.
Roll No. 071004
MCLE Compliance No. VII-15427
Copy Furnished:
By Personal Service
ATTY. LAUREEN F. PERALTA-RETUTA
POGAE Law Firm
Laperal Building, Upper Session Road, Baguio City
Received by ______________
Date ______________
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