Republic of the Philippines
Regional Trial Court
National Capital Judicial Region
Branch 113
Pasay City
MRS. X
Plaintiff,
Civil Case No. _____________
-versus- FOR: Damages for Death,
Loss of Earning Capacity,
MR. Y, MR. Z, ULTRA SPEED MACHINE Moral Damages and
SHOP AND AS METAL PRODUCTS, MR. A Attorneys Fees.
Defendants.
x-----------------------------------------------------x
PRE-TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his Pre-Trial Brief as follows:
I. POSSIBILITY OF AMICABLE SETTLEMENT
Plaintiff is willing to amicably settle with the defendant under such terms as
acceptable to both parties.
II. ADMISSION AND STIPULATION OF FACTS
1. That Mrs. X is the wife of Mr. H, the victim in the vehicular accident.
2. That on December 29, 2010, Mr. Z, the registered owner of the Cimarron
Jeepney, brought the said vehicle to ULTRA SPEED Machine Shop and As Metal
Products for repair and left it for the said purpose.
3. That Mr. A is the owner of the ULTRA SPEED Machine Shop and As Metal
Products. The company acknowledges responsibility for any and all incidents
that may occur to the vehicle, left by their client for repair and other services,
while the same is in the company premises and custody.
4. That Mr. Y is the driver of the ULTRA SPEED Machine Shop and As Metal
Products.
5. That on January 2, 2011, Mr. Y together with his co-workers drove the
abovementioned vehicle in going to the beach. While on their back to the
company, Mr. Y lost control of the vehicle causing it to turn turtle.
6. That Mr. H was one of the passengers therein, and as a result of the mishap, Mr.
H died.
III. ISSUED TO BE RESOLVED
1. Whether or not defendant Mr. Z, as the registered owner of the vehicle, is liable to
pay for the claims of plaintiff, Mrs. X.
2. Whether or not defendant Mr. A, as the employer of Mr. Y, is liable for to pay for
the claims of plaintiff, Mrs. X.
3. Whether or not defendant Mr. Y, as the driver of the vehicle at the time of the
mishap, is liable to pay for the claim by plaintiff, Mrs. X.
IV. WITNESSES
WITNESS TESTIMONY
1. Mr. B
To testify on the mishap that took place on
(One of the passengers of Mr. Y at the
January 2, 2011.
time of mishap.)
2. Mr. C
To testify on the mishap that took place on
(One of the passengers of Mr. Y at the
January 2, 2011.
time of mishap.)
To testify on the cause of death of Mr. H.
3. Dr. ABC
4. Plaintiff reserves the right to present other witnesses not herein enumerated as
deemed necessary
V. DOCUMENTARY EXHIBITS
EXHIBITS
Official Receipt and Certificate of
1. Exh. A
Registration of the Cimarron Jeepney.
An Acknowledgement issued by ULTRA
SPEED entitled: Acknowledgement of
2. Exh. B Responsibility of ULTRA SPEED Machine
Shop and As Metal Product for any and all
incidents that may occur to the vehicle
while the same is in the custody of the
company.
Contract of Employment of Mr. Y, Mr. B and
3. Exh. C
Mr. C with ULTRA SPEED Machine Shop.
Medical Report issued by Dr. ABC.
4. Exh. D
5. Plaintiff reserves the right to present other evidence not herein listed as may
deemed necessary
VI. MODES OF DICOVERY
Plaintiff intends to avail modes of discovery but not limited to depositions.
VII. LAWS AND JURISPRUDENCE APPLICABLE
1. Art. 2176 of the Civil Code.
Art. 2176. Whoever by act or omission causes damage to another,
there being fault or negligence, is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual
relationship between the parties, is called quasi-delict and is
governed by the provisions of this Chapter.
2. Art. 2180 of the Civil Code
FOR: Liability of the Employer
Art. 2180. The obligation imposed by Article 2176 is demandable not
only for ones own acts or omissions, but also for those of persons for
whom one is responsible.
xxx Employers shall be liable for the damages caused by their
employees and household helpers acting within the scope of their
assigned tasks, even though the former are not engaged in any
business or industry. xxx
xxx The responsibility treated of in this article shall cease when the
persons herein mentioned prove that they observe all the diligence of
a good father or a family to prevent damage. xxx
3. Art. 2206 of the Civil Code
FOR: Damages for Death; Loss of Earning Capacity
Art. 2206. The amount of damages for death caused by a crime or
quasi-delict shall be at least three thousand pesos, even though there
may have been mitigating circumstances. In addition:
(1) The defendant shall be liable for the loss of the earning capacity of
the deceased, and the indemnity shall be paid to the heirs of the latter;
such indemnity shall in every case be assessed and awarded by the
court, unless the deceased on account of permanent physical disability
not caused by the defendant, had no earning capacity at the time of his
death;
(2) If the deceased was obliged to give support according to the
provisions of Article 291, the recipient who is not an heir called to the
decedent's inheritance by the law of testate or intestate succession, may
demand support from the person causing the death, for a period not
exceeding five years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and ascendants
of the deceased may demand moral damages for mental anguish by
reason of the death of the deceased.
4. Art. 2208 of the Civil Code
FOR: Attorneys Fees
Art. 2208. In the absence of stipulation, attorney's fees and expenses
of litigation, other than judicial costs, cannot be recovered, except:
xxx (11) In any other case where the court deems it just and equitable
that attorney's fees and expenses of litigation should be recovered.
In all cases, the attorney's fees and expenses of litigation must be
reasonable.
5. Art. 2217 of the Civil Code
FOR Moral Damages
Art. 2217. Moral damages include physical suffering, mental anguish,
fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock, social humiliation, and similar injury. Though incapable
of pecuniary computation, moral damages may be recovered if they
are the proximate result of the defendant's wrongful act for omission.
- JURISPRUDENCE
P R A Y E R
WHEREFORE, premises considered, plaintiff respectfully prays that the Pre-Trial
Brief be noted.
Other reliefs are likewise respectfully prayed for.
RESPECTFULLY SUBMITTED.
September 27, 2017, Makati City for the City of Pasay.
(sgd.)
ATTY.
Counsel for Plaintiff
ACOP Law Firm, Suite 704, Landco Bldg.,
Bajada St., Makati City
721-1234 | acoplaw@gmail.com
Roll No. 12345
PTR No. 12345 | 1.02.2017 | Makati City
IBP No. 12345 | 1.02.2017 | Makati City
MCLE Compliance No. 12345 | 1.02.2017
cc:
ATTY.
Counsel for the Defendant
Rm 123, EFG Bldg, ABCD St.,
Makati City
EXPLANATION AS TO SERVICE
A copy of this Pre-Trial Brief is served to the defendant via registered mail due to
lack of manpower.
