Republic of the Philippines

Regional Trial Court

First Judicial Region
Branch 2
Baguio City

PETE LIVINGSTONE, CIVIL CASE NO. 143-7

Plaintiff,

- versus - For:

PITAK REALTY INC., herein SPECIFIC PERFORMANCE

Represented by Chairman, and PAYMENT OF SUM OF
GLORIA BATONGBUHAY-GRACIA, MONEY
Defendant.
X-------------------------X

PLAINTIFF’S PRE-TRIAL BRIEF

PLAINTIFF, through counsel and unto this Honorable Court

respectfully submits this Pre-Trial Brief compliance with the trial
court’s order received on April 7, 2018.

I.
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES
OF DISPUTE RESOLUTION

Plaintiff is willing to consider any amicable settlement or

undergo alternative modes of dispute resolution with respect to
the primary prayer of the complaint.

II.
ADMISSIONS TO THE STIPULATION OF FACTS

Plaintiff admits the facts herein presented:

 1. Pete Livingstone managed the affairs of the
corporation from 1995 to 2006;
2. Defendant Pitak Realty Inc. received the demand letter
dated 3 March 2018 from plaintiff.

III.
ISSUES TO BE TRIED AND RESOLVED

The Plaintiff proposes the following issues to be tried and

resolved by this Honorable Court:

1. Whether the defendant’s Board Resolution No. 12-31-01

Series of 2008 is valid and binding upon defendant
2. Whether the plaintiff effectively resigned from the
defendant corporation
3. Whether the award of reliefs sought by plaintiff is
justified.

IV.
TESTIMONIES AND DOCUMENTS TO BE PRESENTED

Plaintiff will present the following Documentary and

Testamentary Evidence:

1. Board Resolution No. 12-31-01 Series of 2008 (Annex

“A”);
2. 1 corporate share of “A” Club Spa (ACS) still in the
name of PRI (Annex “B”);
3. Title to Unit 1 of Lipat Bahay Condominium still in the
name of PRI (Annex “C”);
4. Title to Unit 1 of Lipat Bahay Condominium still in the
name of PRI (Annex “D”);
5. Owner’s copy of OCT No. 03 in the name of Daga
(Annex “E”);
6. Notarized Deed of Sale dated January 12, 1997
executed by Daga in favor of PRI over the land
covered by OCT No. 03 (Annex “F”);
7. Demand Letter to Pitak Realty, Inc. dated 3 March 2018
(Annex “G”);
8. Copy of resignation letter sent by plaintiff to defendant
in 2009 (Annex “H”).
 V.
AVAILABILITY FOR TRIAL

The Plaintiff respectfully informs this Honorable Court of her

willingness to proceed to an actual trial of the case whenever
necessary at the convenient time to the parties and the
calendar of this tribunal.

WHEREFORE, premises considered, it is respectfully prayed

unto this Honorable Court that the foregoing Pre-Trial Brief be
duly noted.

Done this 12th day of April 2018.

LOUELLA C. ARIOLA
Counsel for Plaintiff
Roll No. 1234
IBP Membership No. 123
PTR No. 2013-119
MCLE No. 2013-123
Baguio City

COPY FURNISHED:

MA. CRISTINA BRIONES

Counsel for the Defendant
Nagiisip Law Office
1 Session Road Building, Session Road
PTR NO. 12345678
Roll No. 23156
IBP No. 00505 (Lifetime)