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PRETRIAL Specific Performance

This document is a pre-trial summary submitted by the defendant's counsel in a civil case regarding specific performance of an alleged contract of sale. The defendant opts to resolve the case based on position papers without a formal hearing. The proposed stipulations are that the defendant does not have social media accounts, does not know the plaintiff, does not own the vehicle in question, and was not involved in the alleged contract. The main issues are whether there is cause of action for specific performance and whether the defendant is entitled to monetary claims. The defendant will submit documents to prove they were in Cebu during the alleged contract and reserve the right to call witnesses if needed.

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Azrael Cassiel
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871 views

PRETRIAL Specific Performance

This document is a pre-trial summary submitted by the defendant's counsel in a civil case regarding specific performance of an alleged contract of sale. The defendant opts to resolve the case based on position papers without a formal hearing. The proposed stipulations are that the defendant does not have social media accounts, does not know the plaintiff, does not own the vehicle in question, and was not involved in the alleged contract. The main issues are whether there is cause of action for specific performance and whether the defendant is entitled to monetary claims. The defendant will submit documents to prove they were in Cebu during the alleged contract and reserve the right to call witnesses if needed.

Uploaded by

Azrael Cassiel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

9TH Judicial Region


REGIONAL TRIAL COURT
Branch ___
Zamboanga City
Sam Sung,
Plaintiff,

CIVIL CASE NO. 03


-versus-

Gal Axy,
Defendant,
x------------------------------------------------x

-forSPECIFIC PERFORMANCE

PRE-TRIAL SUMMARY
(For the DEFENDANT)
I

The DEFENDANT thru the undersigned Counsel opts for a


formal hearing, however is also open to the Resolution of the
case based on Position Papers/Memoranda without any need
for further hearings;

II

Proposed Subject of Stipulations


a That Respondent does not have nor maintain any
media and/or social account; i.e. Facebook, twitter,
etc.;
b That Respondent does not know the person of the
Complainant;
c That Respondent does not own nor possess a Honda
Jazz automobile;
d That Respondent is not a signatory nor a party in the
allege executed Contract of Sale;
e That Respondents presence is contrary to human
experience in the execution of the allege Contract of
Sale;
f

That Respondent does not have any dealings in any


way with the Complainant;

g That Defendant is entitled to all monetary claims and


damages arising thereat.
III

ISSUE/S
A. WHETHER OR NOT THERE IS CAUSE OF ACTION
PROVEN
FOR
SPECIFIC
PERFORMANCE,
THUS
COMPELLING DEFENDANT TO HONOR THE ALLEGE
CONTRACT OF SALE?
B. WHETHER OR NOT DEFENDANT IS ENTITLED TO
MONETARY CLAIMS ARISING IN THE INSTANT
COMPLAINT?

IV

Waiver of objections to admissibility of evidence.


None.

Documents
Documents
Answer With
Compulsory
Counterclaim

Purpose
To prove and corroborate that
Defendant has no agreement in
any
form
with
the
Complainant.
To corroborate that Defendant
Community Tax
lives in Bulua, Cagayan De Oro
Certificate
City.
LTO Certification of No To prove that Defendant does
not own nor possesses a
Registration
Honda Jazz Automobile.
Memorandum Order No. To prove that Defendant is on
official Travel in the execution
S-0001
of the allege Contract of Sale.
To corroborate that Defendant
Certificate of
on Official Travel during the
Attendance
execution of the Contract of
Sale
To corroborate that Defendant
Water Front Hotel
was in Cebu during the
Lobby Entry Logbook
execution
of
the
allege
Report
Contract of Sale.
To corroborate that Defendant
Water Front Hotel
was in Cebu during the
Official Receipt
execution
of
the
allege
Contract of Sale.
To corroborate that Defendant
Parking Lot Logbook
was in Cebu during the
Entry
execution
of
the
allege

Contract of Sale.

VI

WITNESSESS
Respondent reserve for individuals as witnesses proves to be
of significant to the instant case.

VII

Dates of Subsequent hearing;


Any available trial date.

VIII

Other Matters
RESPECTFULLY SUBMITTED.
City of Zamboanga, Philippines, February 27, 2015.

GAM LAW OFFICE


Sagrada Familia Village, Camino Nuevo,
Vitaliano Agan Avenue, Zamboanga City, Philippines 7000

By:
Atty. Inzta Gam
Counsel for Defendant Gal Axy
PTR OR No. 3620102, 05.18.2005
IBP OR No. 548012, 05.18.2005
Roll No. 15489

Copy furnished:

ATTY. FEZ BUOK


Mendoza Blg., Pilar Street
Zamboanga City

Received By:. . . .
Date . . . .. . . . .

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