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Republic of the Philippines
7TH Judicial Region
REGIONAL TRIAL COURT
Branch 58, Talisay City
GOTHONG SOUTHERN LOGISTICS,
INC.,
Plaintiff, Civil Case No. R-CEB-17-06512-CV
For: Collection of Sum of Money
w/ Damages and Attorney’s Fees
-versus-
DEL MONTE PHILIPPINES, INC.,
Defendant.
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PLAINTIFF’S PRE-TRIAL BRIEF
PLAINTIFF, through the undersigned counsel, unto this Honorable
Court, most respectfully states: That –
1.
AMICABLE SETTLEMENT/ COMPROMISE
1.01.) Plaintiff is willing to enter into an amicable settlement or
compromise in accordance with law and under such terms and
conditions it may deem just and reasonable.
2.
CONCISE STATEMENTS OF PLAINTIFF’s CLAIM
2.01.) On December 3, 2013, Gothong Southern Logistics, Inc.
(GSLI) entered into a shipping service agreement with Del Monte
Philippines, Inc. (Del Monte).
2.02.) Based on the aforesaid agreement, GSLI would render its
shipping services to Del Monte. The latter, on the other hand, should pay
GSLI for the services it rendered within thirty (30) days from receipt of
the billing with corresponding proof of delivery establishing completion
of the shipping services.
2.03.) On October 31, 2015 and after GSLI rendered shipping
services to Del Monte, the latter failed to pay its account balance
equivalent to Seven Hundred Forty Thousand Two Hundred Forty Pesos
and Eighty-Eight Centavos (Php 749,240.88).
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2.04.) Thus, GSLI, through its representative, sent two demand
letters, respectively dated November 10, 2015 and December 15, 2015, on
two different occasions. However, Del Monte failed to pay its account
payable.
2.05.) GSLI sent another demand letter dated January 4, 2016
demanding Del Monte to settle its account. Readjustment of Del Monte’s
account took place in which the amount of Seven Hundred Forty
Thousand Two Hundred Forty Pesos and Eighty-Eight Centavos (Php
749,240.88) was changed to Seven Hundred Sixteen Thousand Five
Hundred Thirty-One Pesos and Eighty Centavos (Php 716,531.80).
2.06.) After the said readjustment, GSLI again sent a demand letter
dated March 13, 2017 to Del Monte demanding for the payment of the
readjusted amount. As of the moment, Del Monte has not yet settled its
monetary obligation towards GSLI.
3.
ADMITTED FACT
3.01.) The existence of the shipping service agreement between
GSLI and Del Monte.
3.02.) Del Monte’s separate juridical personality and its capacity to
be sued.
4.
PROPOSED STIPULATION OF FACTS
4.01.) The existence and authenticity of the shipping service
agreement between (GSLI) and Del Monte Philippines, which was
entered into on December 3, 2013.
4.02.) Del Monte received GSLI’s demand letters dated November
10, 2015, December 15, 2015, January 4, 2016 and March 13, 2017.
4.02.) Despite receipt of the first two demand letters with
corresponding statement of account, Del Monte failed to settle its
obligation with GSLI or question the truthfulness of the contents of the
statement of account.
4.03.) GSLI successfully complied with its obligation under the
shipping service agreement to render shipping services in favor of Del
Monte.
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4.04.) Del Monte’s debt and the amount it failed to pay to GSLI is
equivalent to Seven Hundred Sixteen Thousand Five Hundred Thirty-One
Pesos and Eighty Centavos (Php 716,531.80).
5.
LEGAL and FACTUAL ISSUES
5.01.) Whether or not GSLI is entitled to the reliefs and remedies
prayed for in the complaint.
5.02.) Whether or not GSLI’ billings sent to Del Monte are
erroneous and unsubstantiated.
5.03.) Whether or not Del Monte is liable to pay GSLI the amount
of Seven Hundred Sixteen Thousand Five Hundred Thirty-One Pesos and
Eighty Centavos (Php 716,531.80).
6.
DOCUMENTARY EXHIBITS
Description Purposes
Letter agreement (Exhibit B) 1. To prove the existence due
execution of the shipping service
agreement between GSLI and Del
Monte.
2. To prove that the term of
payment is for Del Monte to pay
GSLI within thirty (30) days from
receipt of the billing with proof of
delivery.
3. To prove that under the
agreement, GSLI is bound to
render services to Del Monte to
satisfy the latter’s shipping
needs.
4. To prove or corroborate other
material and relevant allegations
stated in plaintiff’s complaint.
Demand Letter dated November 1. To prove that Del Monte failed to
10, 2015 (Exhibit C) settle its obligation with GSLI
after the latter completely
rendered shipping services under
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the shipping service agreement.
2. To prove that the demand letter
was sent by GSLI’s Credit and
Collection Department.
3. To prove that prior to
readjustment of its account
payable, Del Monte was liable to
pay GSLI the amount of Seven
Hundred Forty Thousand Two
Hundred Forty Pesos and Eighty-
Eight Centavos (Php 749,240.88)
for the latter’s shipping services
from March 12, 2013 to
September 27, 2014.
4. To prove that despite the fact
that Del Monte received the
letter, it failed to act on it or
question the truthfulness of the
contents of the demand letter.
5. To prove or corroborate other
material and relevant allegations
stated in plaintiff’s complaint.
Demand Letter dated December 15, 1. To prove that Del Monte failed to
2015 (Exhibit D) act upon or heed GSLI’s first
demand letter demanding for the
payment of its account payable.
2. To prove that Del Monte failed to
settle its obligation with GSLI
after the latter completely
rendered shipping services under
the shipping service agreement.
3. To prove that the demand letter
was sent by GSLI’s Credit and
Collection Department.
4. To prove that prior to
readjustment of its account
payable, Del Monte was liable to
pay GSLI the amount of Seven
Hundred Forty Thousand Two
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Hundred Forty Pesos and Eighty-
Eight Centavos (Php 749,240.88)
for the latter’s shipping services
from March 12, 2013 to
September 27, 2014.
5. To prove that despite the fact
that Del Monte received the
letter, it failed to act on it or
question the truthfulness of the
contents of the demand letter.
6. To prove or corroborate other
material and relevant allegations
stated in plaintiff’s complaint.
Statement of Account (Exhibit C) 1. To prove that GSLI completely
performed its obligations under
the shipping service agreement
towards Del Monte.
2. To prove that prior to the
readjustment of its account
payable, Del Monte was liable to
pay GSLI the amount of Seven
Hundred Forty Thousand Two
Hundred Forty Pesos and Eighty-
Eight Centavos (Php 749,240.88)
for the latter’s shipping services
from March 12, 2013 to
September 27, 2014.
3. To prove that when the amount
of Seven Hundred Forty
Thousand Two Hundred Forty
Pesos and Eighty-Eight Centavos
(Php 749,240.88) was due and
demandable, Del Monte failed to
settle the same.
4. To prove that despite the fact
that Del Monte received the
statement of account attached to
the first two demand letters, it
failed to act on it or question the
truthfulness of the contents of
the said account.
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5. To prove or corroborate other
material and relevant allegations
stated in plaintiff’s complaint.
Demand Letter dated January 4, 1. To prove that Del Monte failed to
2016 (Exhibit D) act upon or heed GSLI’s two
demand letters demanding for
the payment of its account
payable.
2. To prove that prior to
readjustment of its account
payable, Del Monte was liable to
pay GSLI the amount of Seven
Hundred Forty Thousand Two
Hundred Forty Pesos and Eighty-
Eight Centavos (Php 749,240.88)
for the latter’s shipping services
from March 12, 2013 to
September 27, 2014.
3. To prove that after it (Del Monte)
received the demand letter dated
January 4, 2016, it still failed to
settle its obligation amounting to
Seven Hundred Forty Thousand
Two Hundred Forty Pesos and
Eighty-Eight Centavos (Php
749,240.88) or at least question
the truthfulness of GSLI’s
demand.
4. To prove or corroborate other
material and relevant allegations
stated in plaintiff’s complaint.
Demand Letter dated March 13, 1. To prove that after readjusting
2017 (Exhibit D) Del Monte’s account payable
from Seven Hundred Forty
Thousand Two Hundred Forty
Pesos and Eighty-Eight Centavos
(Php 749,240.88) to Seven
Hundred Sixteen Thousand Five
Hundred Thirty-One Pesos and
Eighty Centavos (Php 716,531.80),
GSLI sent a final demand letter
for the payment of the
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readjusted amount.
2. To prove that Del Monte is guilty
of bad faith in transacting with
GSLI.
3. To prove that as of this moment,
Del Monte has not able to settle
its account/obligation with GSLI.
4. To prove or corroborate other
material and relevant allegations
stated in plaintiff’s complaint.
5.
WITNESS TO BE PRESENTED
Name Purposes
Rochelle C. Calimpong 1. She will testify that she is the
officer in charge of GSLI’s Credit
and Collection Department.
2. That she prepared and signed the
demand letter dated November
10, 2015.
3. That she prepared and signed the
demand letter dated December
15, 2015.
4. That she will attest to the
truthfulness of the statement of
account.
6. That she will testify that after
GSLI rendered its services, Del
Monte was liable to pay GSLI the
amount of Seven Hundred Forty
Thousand Two Hundred Forty
Pesos and Eighty-Eight Centavos
(Php 749,240.88) for the latter’s
shipping services from March 12,
2013 to September 27, 2014.
5. To prove that after readjusting
Del Monte’s obligation, the latter
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still failed to settle its account
despite the last demand letter
sent by GSLI’s legal counsel.
6. She will prove and corroborate
other material and relevant
allegations stated in plaintiff’s
complaint.
7.
RESERVATION
7.01.) Plaintiff reserves the right to present such two additional
witness and other exhibits and evidences as the exigencies of the trial
may require.
8.
SPECIFIC TRIAL DATES
It is respectfully requested that the trial dates be set during the
pre-trial conference to dates most convenient to this Honorable Court
and to all the parties.
PRAYER
WHEREFORE, in view of the foregoing premises, it is most
respectfully prayed of this Honorable Court that petitioner’s pre-trial
brief be duly noted and given due course.
Respectfully submitted. Done this 31 st day of August 2018 in Cebu
City, Philippines.
MALILONG LAW OFFICES
Counsel for the Plaintiff
2/F Baseline Residences,
Juana Osmeña St., Cebu City
By:
RICHER P. DEVERATURDA
Roll No. 66772, Admitted at Bar: 5/23/2017
IBP No. 5509, 01/03/2018, Cebu
PTR No. 8843112, 01/03/2018, Cebu City
MCLE Compliance No. VI-0010733, Valid until: 4/14/2022
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NOTICE OF SUBMISSION
Branch Clerk of Court
Regional Trial Court
Branch 58, Cebu City
Atty. Ramon M. Velez
Del Monte Philippines, Inc.
Bugo, Cagayan de Oro City
Greetings: Please take notice that the foregoing PRE-TRIAL BRIEF
shall be submitted for the kind consideration and approval of the
Honorable Court.
RICHER P. DEVERATURDA
Copy furnished:
Atty. Ramon M. Velez
Counsel for the Defendant
Del Monte Philippines, Inc.
Bugo, Cagayan de Oro City
EXPLANATION
The foregoing PRE-TRIAL BRIEF is being personally filed in court
and served on the opposing counsel by private courier in view of the
impracticability of personal service due to distance.
RICHER P. DEVERATURDA
