REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION BRANCH 14, Laoag City JUAN PAULO ICALIA, Plaintiff, Civil Case No. 11223 for Specific Performance with Damages.
-versusANGELICA LUISA AGUINALDO, Defendant. x--------------------------------------------------x
PRE-TRIAL ORDER When this case was called for pre-trial, Atty. Luis Tugas appeared for the plaintiff, and Atty. Bernard Manrique appeared for the defendant. The plaintiff Juan Paulo Icalia and the defendant Angelica Luisa Aguinaldo were also in court. POSSIBILITY OF AMICABLE SETTLEMENT During the pre-trial, there was no agreement between the parties as to the possibility of amicable settlement of the case. STIPULATION OF FACTS BETWEEN THE PARTIES The plaintiff, through his counsel and the defendant, through her counsel stipulated on the following that: 1. That the parties have the capacity to sue and be sued; 2. That the plaintiff is the owner of the subject vehicle particularly described in the complaint;
ISSUES TO BE TRIED OR RESOLVED The plaintiff would like the following issues to be resolved: 1. Whether or not the remaining balance of the purchase price has been paid. 2. Whether or not the defendant failed to comply with the conditions in the Deed of Conditional Sale. 3. Whether or not the defendant is liable to return the subject vehicle and to pay Php 10,000.00 as damages. On the other hand, the defendant would like the following issues to be resolved: 1. Whether or not there exists a “Deed of Conditional Sale” between the parties, which is the basis of this complaint. 2. Whether or not such “Deed of Conditional Sale” is simulated and fictitious. 3. Assuming for the sake of argument that indeed there is a “Deed of Conditional Sale”, a. Whether or not such deed is voidable because of the mistake in the object of the contract. b. Whether or not said contract should be upheld when the object thereof has been lost due to fortuitous events.
EXHIBITS MARKED AS DOCUMENTS The plaintiff marked the following exhibits:
1. Exhibit A 2. Exhibit B 3. Exhibit C 4. Exhibit D
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Certificate of Registration issued on August 8, 2003 by the Chief Officer of the Land Transportation Office. – Deed of Conditional Sale executed by the plaintiff and the defendant. – Acknowledgment Receipt. – Acknowledgment Receipt.
And the plaintiff reserves his right to mark other documentary exhibits which are not yet available if the need arises. The defendant marked the following exhibits: 1. Exhibit A 2. Exhibit B 3. Exhibit C
– Sample signature of defendant. – Police blotter regarding the lightning incident that struck the car described in the complaint. – Affidavit of defendant stating that no contract was ever perfected between him and the plaintiff and that no such contract was attached to said complaint.
WITNESSES TO BE PRESENTED The plaintiff will present the following witnesses: 1) Juan Paulo Icalia; 2) Anton Jose; 3) Paolo Juan; The plaintiff reserves his right to present two (2) more witnesses.
The defendant will present the following witnesses: 1) The defendant himself, Angelica Luisa Aguinaldo; 2) The defendant’s officemate, Mich James; 3) The Court Sheriff, Julie Pante; 4) Junas Media; The defendant reserves the right to present other witnesses not herein enumerated as deemed necessary.
DATE OF HEARING Both parties agreed on the trial date to be held on the 5th day of December 2011 in the afternoon and shall present their witnesses also on the same date. The parties are hereby directed to go over the Pre-Trial Order. Should they find any error therein as maybe supported by the Transcript of Stenographic Notes, they should call the attention of the Court before the start of the trial. Thereafter, no correction to the order shall be allowed. This __ day of December, 2011 at Laoag City, Philippines.
RICHARD B. BALUCIO Judge Copy furnished: 1. Atty. Luis Tugas Brgy.5 Ablan Ave., Laoag City
2. Atty. Bernard Manrique Brgy. 23, San Matias, Laoag Cit y
