REPUBLIC OF THE PHILIPPINES MUNICIPAL TRIAL COURT ANGADANAN, ISABELA

RURAL BANK OF ANGADANAM, Plaintiff,

-versus-

CIVIL CASE No. 33445 FOR: SUM OF MONEY AND DAMAGES

JULIAN DELA CRUZ, Defendant. x--------------------------------------------------------x

PRE-TRIAL BRIEF FOR THE COMPLAINT

PLAINTIFF, by counsel, to the Honorable Court, respectfully submits its pre-trial brief as follows:

STATEMENT OF THE CASE

Article 1231 of the Civil Code provides that: Obligations are extinguished: 1. 2. 3. 4. 5. By payment or performance; By loss of the thing due; By the condonation or remission of the debt; By compensation By novation

Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this code (1156 a )

SUMMARY OF ADMIITED AND UNDISPUTED FACTS The plaintiff is a corporation duly organized and existing under the laws of the Philippines having its office at Centro II, Angadanan, Isabela. That defendant Julian Dela Cruz is of legal age, Filipino citizen and a resident of Santa Cruz, Alicia, Isabela where she may be served with summons and Court processes; That on December 14, 2010 obtained a loan from the plaintiff in the sum of One Hundred Thousand Pesos (P100,000.00) to be fully paid on its due date which is on December 14, 2012 as evidenced by Promissory and Note dated December 14, 2010, photocopy of which is hereto attached as Annex A. The defendant was able to pay only the amount of P 12,000.00 from the principal amount and despite the lapse of the period to pay the loan, defendant failed to pay her total obligation thereby entitling the plaintiff to be paid of the unpaid principal in addition to the agreed 30% per annum by way of interest and 30% per annum by way of penalty, photocopy of Statements of Account is hereto attached as Annex B.

That said loan now overdue despite of repeated demands and she failed and refused and continue to fail and refuse to pay the same as evidenced by the Demand Letter send by the banks Legal Counsel, photocopy of which is hereto attached as Annex C and made as integral part hereof. That repeated demands were made for the defendant to pay her obligations but she failed to pay.

POSSIBILITY OF AMICABLE SETTLEMENT The Rural Bank of Angadanan, represented by Jilian Lopez respectfully manifest, without admitting liability or waiving any of his right or defenses, that he is open to any reasonable proposal for amicable settlement from Julian Dela Cruz or referral on the case to alternative modes of dispute resolution, including mediation and or judicial resolution.

PROPOSED STIPULATION OF FACTS WITH REQUEST FOR ADMISSION 1. That the plaintiff is engaged in a lending money business or for interest or for the purpose of profits therefrom. 2. That the defendant obtained a loan on December 14, 2010 from the plaintiff for the sum of (P100,000.00) in the sum of One Hundred Thousand Pesos to be fully paid on its due
date which is on December 14, 2012.

3. That defendant was able to pay only the amount of P 12,000.00 from the principal amount
and despite the lapse of the period to pay the loan.

4. That the defendant failed to pay her total obligation thereby entitling the plaintiff to be paid of
the unpaid principal in addition to the agreed 30% per annum by way of interest and 30% per annum by way of penalty.

5. That the said loan now overdue despite of repeated demands and she failed and refused and
continue to fail and refuse to pay the same as evidenced by the Demand Letter send by the banks Legal Counsel.

6. That repeated demands were made for the defendant to pay her obligations but she failed to
pay.

STATEMENT OF FACTUAL AND LEGAL ISSUE 1. Whether or not there was a stipulation of interest charges at the time the plaintiff granted the plea of defendant to pay the money per annum? 2. Whether or not interest agreed upon by the parties in case the defendant failed to pay can be legally in force? EXHIBITS MARKED AS DOCUMENTS TO BE PRESENTED The following documents are to be presented: 1. Exhibit A- a photocopy of promissory note issued by the defendant.

2. Exhibit B- a photocopy of statement of account executed by the executed by the plaintiff. 3. Exhibit C- a photocopy of demand letters issued by the banks legal counsel. WITNESS TO BE PRESENTED A. PLAINTIFFS PRESIDENT- present evidence that the defendant failed to pay the principal amount loan from the defendant. B. DEFENDANT - present evidence to support his claim about the facts of the case

RESERVATION Plaintiff respectfully reserves the right to present other witnesses, documents or evidences in addition to, or in substitution of, those made mentioned above or for purposes in addition to or in substitution of those mentioned should a need thereof arises; proposes other issues as the exigencies of trial may demand; cite and invoke other laws and jurisprudence that may be relevant in the course of the proceedings; amend his petition, as may be warranted. APPROXIMATE NUMBER OF HOURS NEEDED TO COMPLETE THE PRESENTATION OF EVIDENCE Should Defendant refuse to enter into stipulations of fact and make admission, Plaintiff will need about two (2) hours to complete the direct examination of its
witnesses, at approximately one (1) hour and thirty (30) minutes per witness. These estimates exclude the time for the cross and re-direct examinations, which is difficult to predict.

WHEREFORE,