Republic of the th e Philippines Regional Trial Court 9th Judicial Region Branch 1, Zamboanga City
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C%&%' CS( #)* + Plainti
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for SP(C%/%C P(R/)R!#C(
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2ith 3!$(S 3efendant*
4-------------------------------------------------4 PRE-TRIAL ORDER
5hen this case 2as called for pre-trial, tty* tty* /e6 Buo7 appeared for the plainti and tty* tty* Balagot appeared for the defendant* The plainti Sam Sung and the defendant $al 4y 2ere also present* P)SS%B%'%T )/ !%CB'( S(TT'(!(#T 3uri 3uring ng the the Prere-Trial rial,, both both part partie ies s ha.e ha.e not not arri arri.e .ed d any any amicable amicable settlement settlement agreement agreement although although the plainti plainti manifested manifested that that he is open open to ami amicabl cable e sett settle lem ment ent at any any st stag age e of the the proceedings pro.ided that the follo2ing terms or conditions shall be complied by the defendant8 1* That defendant shall deli.er the car, onda Ja66 :;11 model, to plainti< :* That plainti shall pay the 2hole amount a mount of the agreed price upon such deli.ery< +* That plainti shall 2ai.e all other claims for damages e4cept for actual damages* ST%P"'T%)# )/ /CTS B(T5((# T( PRT%(S The plainti, through his counsel and the defendant, through his counsel stipulated on only one thing8
Page 1 of 5
That the Community Ta4 Certi=cate of defendant is a genuine document to pro.e that the defendant li.es in Bulua, Cagayan de )ro City*
The follo2ing facts 2ere proposed by the plainti but 2ere not admitted8 1* That the defendant is the o2ner of the car< :* That the defendant is the o2ner and user of the faceboo7 account< +* That the defendant is the o2ner of the cell phone number ;9;>?>9?1@+* @* That the defendant is acAuainted 2ith Sam !aybe and Piolo Pascua* The follo2ing facts 2ere proposed by the defendant but 2ere also not admitted8 1* That defendant does not ha.e nor maintain any social media accouny such as faceboo7, t2itter, etc* :* That defendant does not 7no2 the person of the complainant< +* That defendant does not o2n or possess a onda Ja66 automobile< @* That defendant is not a signatory or a party in the alleged Contract of Sale< >* That the defendants presence is contrary to human e4perience in the alleged Contract of Sale< * That defendant does not ha.e any dealings in any 2ay 2ith the plainti* D* That defendant is entitled to all monetary claims and damages arising thereat*
%SS"(S T) B( TR%(3 )R R(S)'&(3 The plainti 2ould li7e the follo2ing issues to be resol.ed8 1* 5hether the defendant is the same person 2hom the plainti transacted 2ith< :* 5hether the defendant o2ns the car< +* 5hether there is indeed a contract bet2een the plainti and defendant< and @* 5hether the plainti is entitled for deli.ery or performance and damages* The defendant li7e2ise raised the follo2ing issues to be resol.ed8 Page 2 of 5
1* 5hether plainti has cause of action against defendant to perform and compel him to honor the alleged contract of sale< and :* 5hether defendant is entitled to monetary claims arising in the instant complaint*
(&%3(#C( !RE(3 The plainti mar7ed the follo2ing e4hibits8 1* (4hibit oFcial
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receipts )Fcial receipt of the $rand otel )Fcial receipts of the dierent ta4is
)Fcial receipt of the la2 =rm and Contract /aceboo7 communications #otari6ed Contract of Sale Judicial Fda.it of Sam !aybe Judicial Fda.it of Piolo Pascua Judicial Fda.it of Sam Sung Judicial Fda.it of /e6 Buo7
The plainti further reser.ed his right to mar7 other documentary e.idence 2hich may be rele.ant to the case but not yet a.ailable as of the moment* The defendant, on the other hand, mar7ed the follo2ing documents8 1* (4hibit :* (4hibit +* (4hibit @* (4hibit >* (4hibit * (4hibit Report D* (4hibit ?* (4hibit
1 : + @ > D ?
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ns2er 2ith compulsory counterclaim Community Ta4 Certi=cate of defendant 'T) Certi=cation of #o Registration !emorandum )rder #o* S-;;;1 Certi=cate of ttendance 5ater /ront otel 'obby (ntry 'ogboo7 -
The defendant li7e2ise reser.ed his right to mar7 other documentary e.idence 2hich may be rele.ant to the case but not yet a.ailable as of the moment* Page 3 of 5
5%T#(SS(S T) B( PR(S(#T(3 The plainti 2ill present the follo2ing 2itnesses8 1* Sam Sung 2ho 2ill testify on the e.ents that transpired from the initial oer to sell up to his frustration and the subseAuent damages he had incurred< :* Sam !aybe 2ho 2ill testify as a 2itness to the 2ritten contract of sale and the identity of the parties< +* Piolo Pascua 2ho 2ill testify as a 2itness to the 2ritten contract of sale and the identity of the parties< and @* tty* /e6 Buo7 2ho 2ill testify as a 2itnessGfacilitator to the 2ritten contract of sale and its notari6ation and the identities of the parties* The defendant did not name any particular 2itness during the pre-trial but has reser.ed his right to present indi.iduals 2ho may pro.e signi=cant 2itnesses to the instant case*
3T( )/ (R%#$ Both parties agreed to hold the trial in the afternoon of !arch 1, :;1> and present their 2itnesses on the same date* The parties are hereby directed to re.ie2 and go o.er the Pre-Trial )rder* Should they =nd any error therein as may be supported by the Transcript of Stenographic #otes, they should call the attention of the Court before the trial* Thereafter, no correction to the order shall be allo2ed* 3one this 1st day of !arch, :;1> at Zamboanga City, Philippines*
CHRISTELLE T. RUBIO
Judge
Copy furnished8 tty* /e6 Buo7 Page 4 of 5
Room :;:, Jasmine To2er $o.* l.are6 Street, Zamboanga City
tty* Carlo !agno Balagot Room 1;1, amilton Building Pilar Street, Zamboanga City
