REPUBLIC OF THE PHILIPPINESMUNICIPAL TRIAL COURTNATIONAL CAPITAL JUDICIAL REGIONPASIG CITY, BRANCH 180

ISABELA CRUZ ABLAZA,

Plaintiff,CIVIL CASE NO. 2014-6789

versus Complaint for Quasi-delict

RONALD A. ABUEL and ANNA MARIA ABUEL

Defendant.

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PRE-TRIAL BRIEF FOR THE PETITIONER

The Petitioner, represented by the undersigned counsels as her attorneys-in-law, respectfully submits to this Honorable Court this Pre-Trial Brief, to wit:

I. POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE RESOLUTION

1. The Petitioner is willing to consider any amicable settlement or undergo alternative modes of dispute resolution with respect to the primary prayer of this petition.

1.1 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, a clarification of the actual extent of any obligation due of defendant to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff seeks principally to recover the amount of EIGHTY SEVEN THOUSAND PESOS (Php 87,000.00) representing actual damages, FIFTY THOUSAND PESOS (Php 50,000.00) for moral damages arising allegedly from Defendants negligence resulting to vehicular collision.

2.2. In connection thereto, Plaintiff seeks additionally to recover FIFTY THOUSAND PESOS (Php 50,000.00) for attorneys acceptance fee and FIVE THOUSAND PESOS (Php 5,000.00) per court appearance, and interests.

2.3. Defendant resists plaintiffs claims based on lack of cause of action claiming that:

2.3.1. He was not driving negligently when the accident occurred,

2.3.2. It was in fact Plaintiff who negligently took a left turn on a u-turn slot, with the same being the cause of the collision.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES3.1. Plaintiff admits only those facts stated in her Complaint.

3.2.Subject to a concrete proposal for stipulation of additional facts from the defendant during pre-trial or even thereafter, plaintiff admits no other facts stated in the Answer.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issues she put forward are subject to proof:

4.1.1. Defendants negligence in driving that caused the vehicular collision.

4.1.2. Defendant had the last clear chance to avoid colliding into Plaintiffs car yet the former failed to do so.

4.1.3. Plaintiffs claim for moral and actual damages and fees.

4.2. Plaintiff submits that following issues Defendant put forward are subject to proof:

4.2.1. Defendant was exercising diligence in driving when the vehicular collision occurred.4.2.2. The vehicular collision was caused by accident.

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:5.1.1. Plaintiff herself, Isabela Cruz Ablaza, who will testify on the true circumstances leading to the vehicular collision.5.1.2. Gazas who was in the car with the Plaintiff when the vehicular collision happened.

5.2. Plaintiff likewise submits the following documents

5.2.1 The certificate of registration is attached as Annex A;

5.2.2 The license of plaintiff as Annex B;

5.2.3 Traffic Incident Report is attached as Annex C;

5.2.4 A copy of the damage to the cars as Annex D;

5.2.5 A copy of the repair costs as Annex E.

5.3 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

7. The undersigned counsel and the witnesses for the plaintiff shall make themselves available on such dates as may be agreed upon with the opposing counsel and as may be convenient to the calendar of this Honorable Court.

VIII. RESERVATION8. The plaintiffs respectfully reserve the right to: (a) present additional witnesses and documents, and to cite and invoke additional laws as may be proper or may become necessary in the course of trial; (b) raise defenses to issues that may be invoked by defendants in their Pre-Trial Brief; and (c) interpose its own counter-issues, which may be necessary and proper in the course of the proceedings.

Respectfully submitted.Makati City; 14 January 2015.

REYES ODUCADO CAMACHO SANTOSCounsel for Plaintiff12345 Sunlife BuildingAyala Corner Paseo de RoxasMakati City, Philippines

By:NATHANIEL M. ODUCADOAttorneys Roll Number: 50856IBP Lifetime Number: 08539PTR Number: 0545785/01-16-2012/Makati City(N/A Admitted 2013)LEONARDO CAMACHOAttorneys Roll Number: 51326IBP Lifetime Number: 05326PTR Number: 256478/01-16-2012/Makati City(N/A Admitted 2013)

CARMINA REYESAttorneys Roll Number: 56589IBP Lifetime Number: 089652PTR Number: 0513269/01-16-2012/Makati City(N/A Admitted 2013)

ARNOLD JANSEN SANTOSAttorneys Roll Number: 56982IBP Lifetime Number: 03698PTR Number: 6589774/01-16-2012/Makati City(N/A Admitted 2013)

Copy Furnished through personal service:MORALES, SANTOS, SYSON LAW OFFICESCounself for defendant35 Palma St., RockwellMakati City, Philippines5