Republic of the PhilippinesREGIONAL TRIAL COURT9th Judicial RegionBranch 15Zamboanga City

SAM SUNG, CIVIL CASE NO. 3 Plaintiff, -versus- -for- GAL AXY SPECIFIC PERFORMANCE Defendant. WITH DAMAGES x - - - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF

COMES NOW Plaintiff, by counsel, respectfully submits his Pre-Trial Brief, as follows:

I. BRIEF STATEMENT OF CLAIMS AND DEFENSES AND WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT/COMPROMISE This is an action for Specific Performance with Damages under the applicable provisions of Articles 1165, 1167, 1170 and 1315 of the New Civil Code.

1.1 Plaintiff alleges in his Complaint, viz:a) that the defendant offered to sell his car; b) that the plaintiff has agreed to buy it for value;c)thatsuch agreement was reduced in writing; d) but the delivery of such object has not been effected; e) as a result of such frustration, the plaintiff has incurred damages.

1.2The relief prayed for is the consummation of the sale by compelling the Defendant to deliver the object and accept payment, and to recover damages amounting to TWO-HUNDRED SIXTY-FIVE THOUSAND PESOS(P265, 000.00) more or less.

1.3The Plaintiff is willing to enter into an amicable settlement with the Defendant according to the following terms:a.)That Defendant shall deliver the car, Honda Jazz 2011 model, to Plaintiff;b.)That Plaintiff shall pay the whole amount of the agreed price upon such delivery;c.)That Plaintiff shall waive all other claims for damages, except for actual damages;

II. PROPOSED FACTS

2.1 That the defendant is the owner of the car;2.2 That the defendant is the owner and user of the facebook account;2.3 That the defendant is the owner of the phone number;2.4 That the Defendant is acquainted with Sam Maybe and Piolo Pascua.

III. ISSUES TO BE TRIED 3.1. Plaintiff submits that the following issues are subject to proof:3.1.1. Defendants identity;3.1.2 Defendants ownership of the car;3.1.3 Contract between the Plaintiff and Defendant;3.1.4 Entitlement of delivery and damages; IV. EVIDENCE 4.1. Plaintiff intends to present the following documentary evidences:4.1.1 Plane fare ticket and boarding pass with official receipts - - - - - Annex A;4.1.2 Official Receipt of the Grand Hotel - - - - - Annex B;4.1.3 Official Receipt of the different Taxis - - - - - Annex C;4.1.4 Official receipt of the law firm and engagement contract - - - - - Annex D;4.1.5 Facebook communications - - - - - Annex E;4.1.6 Notarized contract of sale - - - - - Annex F;4.1.7 Judicial Affidavit of Sam Maybe - - - - - Annex G;4.1.8 Judicial Affidavit of Piolo Pascua - - - - - Annex H;4.1.9 Judicial Affidavit of Sam Sung - - - - - Annex I;4.1.10 Judicial Affidavit of Fez Buok - - - - - Annex J.

4.2. Plaintiff reserves the right to submit any and all documentary evidence, which shall become relevant to rebut defendants claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie defendants witnesses, if necessary and subject to the rules of court.

V. RESORT TO DISCOVERY 5.1. The Plaintiff intends to avail the mode of discovery under Rule 27 of the Rules of Court, for the production of the following:a.) Registration of the Car from the Land Transportation Office of Cagayan de Oro City;b.) Registration of the Defendants phone number from the Globe Telecommunications Office in Cagayan de Oro City.

VI. WITNESSES

6.1 Plaintiff intends to present the following witnesses and their respective testimonies:

6.1.1 Sam Sung will testify on the events that transpired from the initial offer to sell up to its frustration and the subsequent damages he has incurred;

6.1.2 Sam Maybe will testify as a witness to the written contract of sale and the identity of the parties;

6.1.3 Piolo Pascua will testify as a witness to the written contract of sale and the identity of the parties;

6.1.4 Fez Buok will testify as a witness/facilitator to the written contract of sale and its notarization, and the identity of the parties.

VII. AVAILABLE TRIAL DATES

February 20, 24 and 27 of 2015; and March 3, 6, 10, 13, 24, 27 and 31 of 2015 RESPECTFULLY SUBMITTED. By:FEZ BUOKIBP # XXXXXXXXXX Zamboanga CityPTR # XXXXXXXXXXX Zamboanga CityROA 30724MCLE Compliance No. II 01-23455

Copy Furnished:By Personal Service

Atty. _______________________