Republic of the Philippines
METROPOLITAN TRIAL COURT
National Capital Judicial Region
Branch 1
City of Manila
MICHAEL MAKATA,
Plaintiff,
CIVIL CASE NO. 14324
For: Collection of a Sum of
Money with Damages
- versus –
DANIEL DATINGGAWA and
HUNGRY CHAN RESTAURANT (HCR)
Defendants,
x - - - - - - - - - - - - - - - - - - - - - - - - - -----x
PRE-TRIAL BRIEF
Plaintiff, through counsel, to this Honorable Court, respectfully
submits this Pre-trial Brief as follows –
A. WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
Plaintiffs are open to settlement provided it is on just and reasonable
grounds.
B. ADMITTED FACTS
All allegations indicated in the pleadings submitted by the plaintiff.
C. PROPOSED STIPULATIONS OF FACTS
3.1 That the Plaintiff admits only the facts stated in the
complaint.
D. PROPOSED ISSUES TO BE RESOLVED
Whether or not the defendant should be held liable for non-payment
of debt and damages.
F. TESTIMONIAL EVIDENCE
Plaintiff intends to present one (1) or two (2) witnesses to prove
plaintiff’s allegations and claims set forth in the complaint.
G. DOCUMENTARY EVIDENCE
Plaintiffs request the marking as exhibits of the following documents:
A. Promissory Note dated February 7, 2021;
B. Final Demand Letter dated February 16, 2022;
C. Contract for Legal Services;
D. Official Receipt.
H. AVAILMENT OF MODES OF DISCOVERY
Plaintiff reserves the right to avail of the modes of discovery in
addition to the aforementioned request for stipulation.
I. APPLICABLE LAWS AND JURISPRUDENCE
The Plaintiff grounds its claims on the provision of the New Civil Code
and 1997 Rules on Civil Procedure.
J. POSSIBILITY OF AMICABLE SETTLEMENT
Plaintiff is amenable to a reasonable settlement.
K. RESERVATION
Plaintiff respectfully reserves the right to present additional oral and
documentary evidence as may become necessary in the course of the
trial.
L. 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.
RESPECTFULLY SUBMITTED.
January 18, 2024, Manila, Metro Manila, Philippines.
Atty. Efren Joseph Padua
Counsel for the Plaintiff
Padua Law Office, RM 201, Amigable Bldg., Rose Lane,
Fairview, Quezon City, Philippines
Roll of Attorneys No. 134236
IBP No. 02353, 01/ 05/2019, Quezon City
PTR No. 321654, 01/07/2019, Quezon City
MCLE Compliance No. V-65432, 01/15/2019
Mobile No. +639164060994 E-Mail: ejpadualaw@gmail.com
Copy Furnished:
METROPOLITAN TRIAL COURT
National Capital Judicial Region
Branch 1
ATTY. NESTOR MERGAL
Counsel for the Defendant
Salcedo, Eastern Samar
Roll of Attorneys No. 07654321
IBP No. 01234567, 01/01/24, Eastern Samar
PTR No. A-01234567, 01/01/24, Salcedo, E. Samar
MCLE Compliance No. VIII-07654321, 07/19/23
DANIEL DATINGGAWA
Defendant
31-M Maharlika Street, The Gold Bar Building,
Tondo, Manila, Metro Manila, Philippines
