Stenography Notes

8/3/2019 Stenography Notes

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REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH XLAOAG CITY

JUAN PAULO ICALIA Civil Case No.11223

Plaintiff, forSpecific Performance

-versus- with Damages .

ANGELICA LUISA AGUINALDODefendant.

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Stenography Notes of the Pre-TrialNovember 28, 2011

Coc: In the presence of Judge Richard Balucio, all rise the court is now insession.

Stenographer: (prayer)

Judge: Call the case.

Coc: Juan Paolo Icalia vs. Angelica Luisa Aguinaldo, civil case 11223 for Specific

Performance with Damages. Judge: Appearances.

Atty. Tugas: For the complainant your honor, Atty. Louis Tugas.

Atty. Manrique: For the defendant your honor, Atty. Bernard Manrique.

Judge: So this case is for pre-trial?

Atty. Tugas: Yes, your honor.

Judge: Ok. Proceed.

Atty. Tugas: Your honor, for the Pre-trial brief, the plaintiff unto this HonorableCourt respectfully manifests willingness to submit the case to anymode of dispute resolution and in relation thereto alleges the followingproposed facts for admission:

1) that the parties have the capacity to sue and be sued.

Judge: In the stipulation of facts: do the parties have capacity to sueand be sued?

Atty. Manrique: We admit, your honor.Atty. Tugas: 2) that the plaintiff is the owner of the subject vehicle particularly

described in the complaint.

Atty. Manrique: Admitted, your honor.


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Atty. Tugas: 3) that the plaintiff offered to sell the said vehicle to defendant, andthe latter voluntarily agreed to buy the same.

Atty. Manrique: Not admitted, your honor.

Judge: Why not admitted?

Atty. Manrique: Purely speculations, your honor.

Judge: Why speculations?

Atty. Manrique: There has no evidence pertaining to such thing.

Atty. Tugas: 4) that the parties bound themselves to comply with the conditionsstated in a Deed of Conditional Sale executed by them.



Atty. Manrique: The Deed of Conditional Sale alleged thereto is not existent.

Atty. Tugas: 5) that the agreed purchase price was Php 350,000.

Atty. Manrique: Not admitted, your honor. It is based on the Deed of ConditionalSale which is I am questioning.

Judge: Ok.

Atty. Tugas: 6) that the defendant voluntarily agreed to pa the purchase price on

the installment basis and in the following manner:

Feb. 1, 2011---------P 50, 000.00Mar. 1, 2011---------P 50, 000.00Apr. 1, 2011----------P 50, 000.00May 1, 2011---------P 100, 000.00

June 1, 2011---------P 100, 000.00

Atty. Manrique: Still not admitted, your honor. It is based on a contract which is notexistent.

Atty. Tugas: 7) that the defendant failed to pay on Apr. 1, 2011, May 1, 2011 and June 1, 2011.



Atty.Manrique: It is still based in a contract which is not yet proven.

Atty.Tugas: 8) that the defendant bound himself in case of non-compliance toreturn the subject vehicle and to pay P10, 000.00 as damages.


Judge: Ok. How about your file? Your stipulations.

Atty. Manrique: The defendant respectfully submits the following stipulation of facts:

1) that the defendant and plaintiff are residents of the same barangay.

Atty. Tugas: Not admitted.


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Judge: Why not?

Atty. Tugas: Your honor the defenant is not from brgy. 10 but in brgy. 16.

Atty. Manrique: 2) that the case was prematurely filed in court, parties having notcomplied to a condition precedent which is the conciliation process inthe Lupong Tagapayapa.

Atty. Tugas: Not admitted, your honor.

Atty. Manrique: 3) that the original agreement between them is for plaintiff todeliver a SUV, not a 4 door Sedan.


Atty. Manrique: 4) that said 4 door Sedan, allegedly delivered was loss throughfortuitous event.


Judge: Why not admitted.

Atty. Tugas: Because there was no communication made by the party for the loss of the object for the said fortuitous event. The plaintiff is not aware of thesaid fortuitous event.

Atty. Manrique: 5) that defendant has not signed with plaintiff any contractpertaining to the sale or conditional sale of said 4 door car.

Atty. Tugas: Not admitted.Atty. Manrique: 6) that such contract was never attached in the complaint.


Atty. Manrique: 7) that should said inexistent contract which is the basis of itscomplaint be produced it is deemed fictitious and simulated.

Atty.Tugas: Not admitted.

Atty. Manrique: 8) that should such contract be presented and inadvertently

admitted thereto as evidence in court, it is still voidable because thereis mistake in the object thereto.


Judge: ok. What are the issues to be resolved? Plaintiff.

Atty. Tugas: The issues are the following:

1. Whether or not the remaining balance of the purchase price hasbeen paid;2. Whether or not the defendant failed to comply with the conditions

in the Deed of Conditional Sale;3. Whether or not the defendant is liable to return the subject vehicle

and to pay P10,000.00 as damages. Judge: No more?

Atty. Tugas: Thats all, your honor.

Atty. Manrique: The defendant would like the following issues to be resolved:


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1. Whether or not there exists a Deed of Conditional Salebetween the parties, which is the basis of this complaint.2. Whether or not such Deed of Conditional Sale is simulated andfictitious.3. Assuming for the sake of argument that indeed there is a Deedof Conditional Sale,

3.1. Whether or not such deed is voidable because of themistake in the object of the contract.3.2. Whether or not said contract should be upheld when theobject thereof has been lost due to fortuitous events.

Judge: Do you have documentary exhibits? What are they?

Atty. Tugas: The documentary exhibits, your honor are:

Exhibit A - Certificate of Registration issued on August 8, 2003 by theChief Officer of the Land Transportation Office.

Exhibit B - Deed of Conditional Sale executed by the plaintiff and thedefendant.

Exhibit C - Acknowledgement Receipt.Exhibit D - Acknowledgement Receipt.

And the plaintiff reserves his right to mark other documentary exhibitswhich are not yet available if the need arises.

Judge: For the defendant.

Atty. Manrique: The defendant submits the following documents:

Exhibit A - Sample specimen of defendant.Exhibit B - Police blotter regarding the lightning incident that struck the

car described in the complaint.Exhibit C - Affidavit of defendant stating that no contract was ever

perfected between him and the plaintiff and that no suchcontract was attached to said complaint.

Judge: How about the witnesses to be presented?

Atty.Tugas: The witnesses, your honor are:

1) Juan Paulo Icalia2) Anton jose3) Paolo Juan4) the plaintiff reserves his right t present 2 more witnesses.

Judge: How about the defendant?

Atty. Manrique: The witnesses for the defense, your honor are:

1) The defendant himself, Angelica Luisa Aguinaldo2) The defendants officemate, Mich James3) The Court Sheriff, Julie Pante4) Junas Media5) Defendant reserves the right to present other witnesses not herein

enumerated as deemed necessary.


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