Republic of the PhilippinesRegional Trial Court9th Judicial Region

Branch 1, Zamboanga City

SAM SUNG, CIVIL CASE NO. 3

Plaintiff

-versus- for

SPECIFIC PERFORMANCE

GAL AXY with DAMAGES

Defendant.

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PRE-TRIAL ORDER

When this case was called for pre-trial, Atty. Fez Buok appeared for the plaintiff and Atty. Balagot appeared for the defendant. The plaintiff Sam Sung and the defendant Gal Axy were also present.

POSSIBILITY OF AMICABLE SETTLEMENT

During the Pre-Trial, both parties have not arrived any amicable settlement agreement although the plaintiff manifested that he is open to amicable settlement at any stage of the proceedings provided that the following terms or conditions shall be complied by the defendant:

1. That defendant shall deliver the car, Honda Jazz 2011 model, to plaintiff;2. That plaintiff shall pay the whole amount of the agreed price upon such delivery;3. That plaintiff shall waive all other claims for damages except for actual damages.

STIPULATION OF FACTS BETWEEN THE PARTIES

The plaintiff, through his counsel and the defendant, through his counsel stipulated on only one thing:

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That the Community Tax Certificate of defendant is a genuine document to prove that the defendant lives in Bulua, Cagayan de Oro City.

The following facts were proposed by the plaintiff but were not admitted:

1. That the defendant is the owner of the car;2. That the defendant is the owner and user of the facebook account;3. That the defendant is the owner of the cell phone number 09058598143.4. That the defendant is acquainted with Sam Maybe and Piolo Pascua.

The following facts were proposed by the defendant but were also not admitted:

1. That defendant does not have nor maintain any social media accouny such as facebook, twitter, etc.2. That defendant does not know the person of the complainant;3. That defendant does not own or possess a Honda Jazz automobile;4. That defendant is not a signatory or a party in the alleged Contract of Sale;5. That the defendant’s presence is contrary to human experience in the alleged Contract of Sale;6. That defendant does not have any dealings in any way with the plaintiff.7. That defendant is entitled to all monetary claims and damages arising thereat.

ISSUES TO BE TRIED OR RESOLVED

The plaintiff would like the following issues to be resolved:

1. Whether the defendant is the same person whom the plaintiff transacted with;2. Whether the defendant owns the car;3. Whether there is indeed a contract between the plaintiff and defendant; and4. Whether the plaintiff is entitled for delivery or performance and damages.

The defendant likewise raised the following issues to be resolved:

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1. Whether plaintiff has cause of action against defendant to perform and compel him to honor the alleged contract of sale; and2. Whether defendant is entitled to monetary claims arising in the instant complaint.

EVIDENCE MARKED

The plaintiff marked the following exhibits:

1. Exhibit A - Plane fare ticket and boarding pass with official

receipts2. Exhibit B - Official receipt of the Grand Hotel3. Exhibit C - Official receipts of the different taxis

4. Exhibit D - Official receipt of the law firm and engagement

Contract5. Exhibit E - Facebook communications6. Exhibit F - Notarized Contract of Sale7. Exhibit G - Judicial Affidavit of Sam Maybe8. Exhibit H - Judicial Affidavit of Piolo Pascua9. Exhibit I - Judicial Affidavit of Sam Sung10. Exhibit J - Judicial Affidavit of Fez Buok

The plaintiff further reserved his right to mark other documentary evidence which may be relevant to the case but not yet available as of the moment.

The defendant, on the other hand, marked the following documents:

1. Exhibit 1 - Answer with compulsory counterclaim2. Exhibit 2 - Community Tax Certificate of defendant3. Exhibit 3 - LTO Certification of No Registration4. Exhibit 4 - Memorandum Order No. S-00015. Exhibit 5 - Certificate of Attendance6. Exhibit 6 - Water Front Hotel Lobby Entry Logbook Report7. Exhibit 7 - Water Front Hotel Official Receipt8. Exhibit 8 - Parking Lot Logbook Entry

The defendant likewise reserved his right to mark other documentary evidence which may be relevant to the case but not yet available as of the moment.

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WITNESSES TO BE PRESENTED

The plaintiff will present the following witnesses:

1. Sam Sung who will testify on the events that transpired from the initial offer to sell up to his frustration and the subsequent damages he had incurred;2. Sam Maybe who will testify as a witness to the written contract of sale and the identity of the parties;3. Piolo Pascua who will testify as a witness to the written contract of sale and the identity of the parties; and 4. Atty. Fez Buok who will testify as a witness/facilitator to the written contract of sale and its notarization and the identities of the parties.

The defendant did not name any particular witness during the pre-trial but has reserved his right to present individuals who may prove significant witnesses to the instant case.

DATE OF HEARING

Both parties agreed to hold the trial in the afternoon of March 16, 2015 and present their witnesses on the same date. The parties are hereby directed to review and go over the Pre-Trial Order. Should they find any error therein as may be supported by the Transcript of Stenographic Notes, they should call the attention of the Court before the trial. Thereafter, no correction to the order shall be allowed.

Done this 1st day of March, 2015 at Zamboanga City, Philippines.

CHRISTELLE T. RUBIO

Judge

Copy furnished:

Atty. Fez Buok

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Room 202, Jasmine TowerGov. Alvarez Street, Zamboanga City

Atty. Carlo Magno BalagotRoom 101, Hamilton BuildingPilar Street, Zamboanga City

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