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REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA
CINDY MARIE YAP Y FERNANDEZ,
Complaint;
- versus -

A.C. No. ___________;


For: Violation of Rule 138
Of the Rules of Court and
Canon 16 of the Code
of Professional Responsibility

ATTY. JORT RYAN MANGUBAT Y


AYALA
Respondent.
x-----------------------------x

PRE-TRIAL BRIEF FOR THE RESPONDENT


RESPONDENT, through counsel, respectfully submits his pre-trial
brief:
I. STATEMENT OF WILLINGNESS TO ENTER INTO AMICABLE
SETTLEMENT
Defendant Jort Ryan Mangubat Y Ayala is willing to drop his
counterclaim if complainant would drop her complaint/claims.
II. SUMMARY OF ADMITTED FACTS
Defendant makes no further admission than as contained in his
answer.
III. PROPOSED STIPULATION OF FACTS
1. That on or about January 2, 2015, the complainant approached
respondent to help sell her land and authorized respondent to sell her
property as shown in the Special Power of Attorney marked as
Exhibit 1;
2. That the respondent noticed the urgency of complainants need for
money for the processing of papers, the former offered to lend the
latter an amount of ONE HUNDRED THOUSAND PESOS
(P100,000 Php) without interest, which the complainant accepted,
which the complainant secured the loan with a promissory note;

3. The complainant signed a Contract to Sell, dated May 15 2015, which


enumerated the conditions of the said contract and that after reading
and examining the document, the complainant affixed her signature as
shown by Exhibit 2;
4. That the respondent contracted a buyer, Chaynie Delotina, with
residence addressed at Lot 4, Block 12, Melrose Subdivision,
Divisoria, Zamboanga City;
5. That in the course of six months, the respondent received installment
payments amounting FIVE HUNDRED FIFTY THOUSAND PESOS
(550,000 Php) evidenced by the acknowledgment receipts as shown
by Exhibit 3-8;
6. That the respondent exercised due diligence and competence in
handling the cause of his client and observed his duties towards his
client in pursuant to the Code of Professional Responsibility.
IV. ISSUES TO BE RESOLVED
A. WHETHER RESPONDENT VIOLATED CANON 1 OF THE CODE
OF PROFESSIONAL RESPONSIBILITY
B. WHETHER RESPONDENT VIOLATED CANON 16.04 OF THE
CODE OF PROFESSIONAL RESPONSIBILITY WHEN HE LENT
MONEY IN THE AMOUNT OF ONE HUNDRED THOUSAND
PESOS (100,000 Php), WITHOUT INTEREST, TO THE
COMPLAINANT
C. WHETHER RESPONDENT VIOLATED THE LAWYERS OATH
WHEN HE REMITTED THE AMOUNT OF FIVE HUNDRED
FIFTY THOUSAND PESOS (550,000 PHP) TO THE
COMPLAINANT AS PARTIAL PAYMENT

V. EXHIBITS
EXH. 1:
EXH. 2:
EXH. 3:
EXH. 4:
EXH. 5:
EXH. 6:

Special Power of Attorney;


Contract to Sell
July 15, 2015 Acknowledgement Receipt
August 15, 2015 Acknowledgement Receipt;
September 15, 2015 Acknowledgement Receipt;
October 15, 2015 Acknowledgement Receipt;

EXH. 7: November 15, 2015 Acknowledgement Receipt;


EXH. 8: December 15, 2015 Acknowledgement Receipt.
Copies of Exhibits 1 to 8 are attached to the answer on the court
records.

VI. NAMES OF WITNESS, SUBSTANCE OF TESTIMONY


1. JORT RYAN A. MANGUBAT, of Culianan, Zamboanga City, to
testify on the facts constituting his defense and counterclaims;
2. MARY ANNE S. ALBA of Tetuan, Zamboanga City, to testify on the
validity of the Special Power of Attorney and Contact to Sell;
3. ERYL ISABELLE T. YU of Barangay Lansones, Zamboanga City, to
testify on the validity of the Contract to Sell;
4. SALMA I. HAYEK of Putik, Zamboanga City, to testify on the
authenticity of the Special Power of Attorney.
VII. LAWS AND JURISPRUDENCE
The Code of Professional Responsibility;
Linsangan v. Tolentino, A.C. No. 6672.
VIII. Other matters.
Defendant reserves the right to present additional evidence not
available that would become available.
AVAILABLE TRIAL DATES
To be agreed in open court for convenience.
Respectfully submitted, this 4th day of March, 2016, in Zamboanga
City.

SHALINI KRISTY S. DALIS


Counsel for Defendant
20th Flr., TB Building, La Purisima
St., Zamboanga City, Philippines
PTR No. 123456; 2/9/16, Z.C.
IBP No. 234567; 2/9/16, Z.C.
MCLE Comp. No. VI 13-3456,2/9/2015
Roll of Attorney 345678
ROXANNE B. AVILA
Co-Counsel for Defendant
20th Flr., TB Building, La Purisima
St., Zamboanga City, Philippines
PTR No. 654321; 1/12/16, Z.C.
IBP No. 765432; 1/12/16, Z.C.
MCLE Comp. No. IX 18-6453,2/09/2015
Roll of Attorney 876543
JAN VINCE E. LIM
Co-Counsel for Defendant
20th Flr., TB Building, La Purisima
St., Zamboanga City, Philippines
PTR No. 765432; 1/17/16, Z.C.
IBP No. 876543; 1/17/16, Z.C.
MCLE Comp. No. X 19-6443,2/9/2015
Roll of Attorney 987654
HAIBE M. JOE
Co-Counsel for Defendant
20th Flr., TB Building, La Purisima
St., Zamboanga City, Philippines
PTR No. 876543; 1/19/16, Z.C.
IBP No. 987654; 1/19/16, Z.C.
MCLE Comp. No. XI 17-6893,2/9/2015
Roll of Attorney 234565
ABDEL NASSER M. DAUD
Co-Counsel for Defendant
20th Flr., TB Building, La Purisima
St., Zamboanga City, Philippines
PTR No. 143567; 1/20/16, Z.C.
IBP No. 908980; 1/20/16, Z.C.
MCLE Comp. No. II 18-6983,2/9/2015
Roll of Attorney 999888

AMMANHURSID A. MIJAL
Co-Counsel for Defendant
20th Flr., TB Building, La Purisima
St., Zamboanga City, Philippines
PTR No. 888777; 1/29/16, Z.C.
IBP No. 777755; 1/29/16, Z.C.
MCLE Comp. No. XII 19-6783,2/9/2015
Roll of Attorney 111222

Copy furnished:

ATTY. RONNIEBOY DECIN


Decin, Iniyut, Kinulani, and Sinapi Law Firm
17TH Flr., ABC Building
Veterans Avenue, Zamboanga City