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Pre Trial Brief MDC

This document is a plaintiff's pre-trial brief in a civil case regarding the rescission of a construction contract. It contains 4 sections: 1) The plaintiff is not willing to settle amicably or undergo alternative dispute resolution for the primary claims but is open to settling liquidated damages. 2) The plaintiff admits facts presented by the defendant. 3) The plaintiff proposes 3 issues to be tried: whether failing to meet the strength requirement was a material breach, whether rescission is proper, and whether defendant's requested relief is justified. 4) The plaintiff will present documentary and testimonial evidence including the construction contract and testing results.

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Gretchen Canedo
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743 views3 pages

Pre Trial Brief MDC

This document is a plaintiff's pre-trial brief in a civil case regarding the rescission of a construction contract. It contains 4 sections: 1) The plaintiff is not willing to settle amicably or undergo alternative dispute resolution for the primary claims but is open to settling liquidated damages. 2) The plaintiff admits facts presented by the defendant. 3) The plaintiff proposes 3 issues to be tried: whether failing to meet the strength requirement was a material breach, whether rescission is proper, and whether defendant's requested relief is justified. 4) The plaintiff will present documentary and testimonial evidence including the construction contract and testing results.

Uploaded by

Gretchen Canedo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 5, Davao City

MARIA JOSE., Civil Case No. 12345678


Plaintiff,

-Versus-

SPOUSES JUAN DELA CRUZ For: Rescission of Construction


AND ANA DELA CRUZ Contract, Moral Damages,
Defendants, Liquidated Damages and
Attorney’s Fees
X-------------------X

PLAINTIFF’S PRE-TRIAL BRIEF

PLAINTIFF, through counsel and unto this Honorable Court


respectfully submits this Pre-Trial Brief compliance with the trial
court’s order received on January 30, 2019.

I
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE
MODES OF DISPUTE RESOLUTION

Plaintiff is not willing to consider any amicable settlement or


undergo alternative modes of dispute resolution with respect to the
primary prayer and the actual damages prayed for in this complaint.
However, the plaintiff is open to the possibility of amicable settlement
in relation to the liquidated damages and the expenses made by the
Plaintiff in the conduct of Cylinder Testing.

II.
ADMISSIONS TO THE STIPULATION OF FACTS

Plaintiff admits the facts herein presented:


1. Defendant conducted another Cylinder Test with GAIA-
Testing Global;
2. Under paragraph 13 of the Answer, as to absence of the
Defendant during the first Cylinder Test conducted by Geo-
Testing International.

III.
ISSUES TO BE TRIED AND RESOLVED

The Plaintiff proposes the following issues to be tried and


resolved by this Honorable Court:

1. Whether the failure to comply with the 3000 psi concrete


strength constitute a material breach of the Construction
Contract.
2. Whether rescission is the proper remedy.

3. Whether the award of relief sought by defendant is justified.

IV.
TESTIMONIES AND DOCUMENTS TO BE PRESENTED

Plaintiff will present the following Documentary and


Testamentary Evidence:

1. Construction Contract (Annex “A”);


2. General Conditions and Specifications (Annex “B”);
3. Letter Request for Approval prior to Concrete Pouring (Annex
“C”);
4. Memorandum for Seeking Approval from the Plaintiff before
implementing vital construction works (Annex “D”);
5. Geo-Testing International Core Testing Results (Annex “E”);
6. Official Receipts of Rental Fees (Annex “F”);
7. Judicial Affidavit of Engr. Julei Salcedo

V.
AVAILABILITY FOR TRIAL

The Plaintiff respectfully informs this Honorable Court of her


willingness to proceed to an actual trial of the case whenever
necessary at the convenient time to the parties and the calendar of
this tribunal.

WHEREFORE, premises considered, it is respectfully prayed unto


this Honorable Court that the foregoing Pre-Trial Brief be duly noted.

Done this 31st day of January 2019.

Atty. Louie Ivan Maiz


Counsel for Plaintiff
Roll No. 2016-300-000
IBP Membership No.
7654321
PTR No. 1234567
MCLE No. III-0000567
Davao City, Davao del Sur

Copy furnished through Registered Mail:

Atty. Dave Abby M. Alano


Counsel for the Defendant
THE LAW FIRM OF ALANO, ABELLANA, MIRANDA, & GIERRAN
151 Panacan Ave., Sasa, Davao City
Davao City, Davao Del Sur, Philippines

Please take notice that counsel has requested for the


approval of this motion immediately upon receipt.

Atty. Louie Ivan Maiz


Counsel for Plaintiff

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