Pre-Trial Brief Sample

REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT

Branch 33
Quezon City
JULIE BARETA
Plaintiff Civil Case No. 463278
For: Damages arising
from Physical Injuries
- versus -
MANILA WATER COMPANY, INC.

Defendant
x-------------------------x
PRE-TRIAL BRIEF
Plaintiff JULIE BARETA, through the undersigned counsel, unto
this Honorable Court, most respectfully submits this Pre-Trial Brief:
I. STATEMENT OF THE CASE
A. Theory of the Plaintiff
1. Plaintiff seeks to recover actual, moral, and exemplary damages

as well as attorney’s fees and costs of suit from defendant following the
physical injuries the former suffered as a result of the latter’s gross
negligence.
1.2. Plaintiff imputes gross negligence on the part of defendant when

it failed to provide warning signs, proper lighting, and visible barriers on
the road it excavated for its project along Loyola Grand Villas.
1.3. Plaintiff likewise argues that defendant is in bad faith when

defendant did not even bother mailing, calling, or checking on the
former’s condition after the incident. Moreover, defendant did not even
respond to her demands.
1
B. Theory of the Defendant
1.4. Defendant shifts the blame on plaintiff, holding that it was the
latter who caused her own injuries due to her own inattentiveness and
carelessness.
1.5. Defendant likewise submits that it exercised due diligence in

providing warning signs, and raises as a defense the blackout that
occurred on the same day of the incident as the reason for the lack of
proper lighting on the excavated road.
II. ADMISSIONS AND STIPULATIONS
Plaintiff, aside from those contained in her Complaint, admits:
2. That plaintiff was wearing headphones at the time of the incident

and ignored Joshue Garcia thinking that he might be dangerous.
Plaintiff, in turn, proposes that defendant admits the following

based on the pleadings submitted:
2.1. The jurisdiction of this Honorable Court over the subject matter
and over the person of the defendant;
2.2. The fact of plaintiff’s injuries;
2.3. The lack of proper lighting, warning signs, and barriers on July 8,
2019 when the incident happened;
2.4. The authenticity and genuineness of the following:
(a) ANNEX “A” – Official receipt issued by Loyola Grand Villas

Clinic for the use of the ambulance van amounting to P2,500;
(b) ANNEX “B” – Medical examination report issued by Quirino
Memorial Hospital, signed by Dra. Girl Abundo;
(c) ANNEX “C” – Official receipt issued by Quirino Memorial
Hospital for hospitalization and medication amounting to
P10,000;
(d) ANNEX “D” – Official receipt issued by St. Luke’s Medical
Center for hospitalization, therapy, and medication amounting
to P200,000;
2
(e) ANNEX “E” – Invoice and official receipt issued by GAOC
Dental Clinic for dental implant surgery amounting to P80,000;
(f) ANNEX “F” – Return card showing proof of delivery of
plaintiff’s demand letter sent to defendant.
(g) Photos of plaintiff showing contusions and abrasions on her face
and leg;
(h) X-ray of plaintiff’s left ankle;
(i) Dental x-ray of plaintiff showing traumatic dental injury on her
lower left molar; and
(j) Photos of the excavated road taken a day after the incident.
III. RESORT TO MODES OF ALTERNATIVE DISPUTE

RESOLUTION
Plaintiff is open to explore avenues for an amicable settlement of

the instant controversy.
IV. INTENTION TO AVAIL OF MODES OF DISCOVERY
Plaintiff would like to manifest her intention to avail of the

different modes of discovery during the course of trial.
V. ISSUES
WHETHER OR NOT DEFENDANT IS GUILTY OF GROSS

NEGLIGENCE
WHETHER OR NOT PLAINTIFF IS ENTITLED TO ACTUAL

DAMAGES
WHETHER OR NOT PLAINTIFF IS ENTITLED TO MORAL

DAMAGES
WHETHER OR NOT PLAINTIFF IS ENTITLED TO

EXEMPLARY DAMAGES
WHETHER OR NOT PLAINTIFF IS ENTITLED TO

ATTORNEY’S FEES AND COSTS
3
VI. EVIDENCE FOR THE PLAINTIFF
A. Testimonial Evidence
1. JULIE BARETA, the plaintiff, will testify regarding her

firsthand experience of the incident as well as the surrounding
circumstances;
2. GERINALD ANDERSOME, a resident of Loyola Grand Villas,

will testify regarding the lack of public notice, warnings, and postings by
Defendant of the planned excavation;
3. MARJOLEIN BARETTO, the nurse who accompanied plaintiff

in the ambulance van, will testify regarding the circumstances from the
moment plaintiff was picked up from the place where the incident
happened up to the time where she was brought to Quirino Memorial
Hospital;
4. DRA. GIRL ABUNDO, the attending emergency doctor in

Quirino Memorial Hospital, will testify regarding the physical injuries
sustained by plaintiff and to substantiate the medical examination
report she issued;
5. DR. RAMMY TULPO, the attending general surgeon in St.

Luke’s Medical Center, will testify regarding the sustained physical
injuries by plaintiff, the therapy and recovery she had to undergo, and
will identify the invoice and official receipt that St. Luke’s issued;
6. DRA. KIMMY CHU, GAOC dentist who performed plaintiff’s

dental implant, will testify regarding plaintiff’s molar injury and will
identify the invoice and official receipt that GAOC issued; and
7. DRA. BEATRIZ ALFONSO, psychiatrist from St. Luke’s Medical

Center, will testify regarding plaintiff’s trauma, sleepless nights, serious
anxiety, and wounded feelings resulting to depression and will identify
the official receipts that St. Luke’s issued.
B. Documentary Evidence
Plaintiff shall rely on the following documentary evidence the

originals of which she reserves for presentation and for marking during
the pre-marking conference:
4
1. ANNEX “A” – Official receipt issued by Loyola Grand Villas Clinic
for the use of the ambulance van amounting to P2,500;
2. ANNEX “B” – Medical examination report issued by Quirino

Memorial Hospital, signed by Dra. Girl Abundo;
3. ANNEX “C” – Official receipt issued by Quirino Memorial

Hospital for hospitalization and medication amounting to P10,000;
4. ANNEX “D” – Official receipt issued by St. Luke’s Medical Center

for hospitalization, therapy, and medication amounting to P200,000;
5. ANNEX “E” – Invoice and official receipt issued by GAOC Dental

Clinic for dental implant surgery amounting to P80,000; and
6. ANNEX “F” – Return card showing proof of delivery of plaintiff’s

demand letter sent to defendant.
C. Object Evidence
1. Photos of plaintiff showing contusions and abrasions on her face and

leg;
2. X-ray of plaintiff’s left ankle;
3. Dental x-ray of plaintiff showing traumatic dental injury on her lower

left molar; and
4. Photos of the excavated road taken a day after the incident.
Plaintiff reserves the right to present such other testimonial,

documentary and object evidence which may become relevant during the
course of trial.
VI. TRIAL DATES
Plaintiff respectfully suggests that the setting of trial dates be had

during the pre-trial conference.
5
RESPECTFULLY SUBMITTED.
Makati City for Quezon City, October 18, 2019.
KYLE DOMINIQUE L. NAVARRO

Counsel for Plaintiff
IBP LIFETIME NO. 014510/2-24-16
PTR NO. 49900562/1-14-16/Mla.
Roll No. 38488
MCLE Compliance No. V0000678/8-25-15
Tel. No. 524-4611
COPY FURNISHED (BY LICENSED COURIER):

RAISA E. COQUIA
GERONIMO & COQUIA LAW OFFICE
Counsel for Defendant
21-A Smith St. Brgy. Little Baguio,
1500 San Juan City
E-mail: candflaw@gmail.com
EXPLANATION
Due to time constraints, copy of the foregoing pleading was furnished

opposing counsel by registered mail.

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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

MANILA WATER COMPANY, INC.

I. STATEMENT OF THE CASE

A. Theory of the Plaintiff

1. Plaintiff seeks to recover actual, moral, and exemplary damages

1.2. Plaintiff imputes gross negligence on the part of defendant when

1.3. Plaintiff likewise argues that defendant is in bad faith when

1.5. Defendant likewise submits that it exercised due diligence in

II. ADMISSIONS AND STIPULATIONS

Plaintiff, aside from those contained in her Complaint, admits:

2. That plaintiff was wearing headphones at the time of the incident

Plaintiff, in turn, proposes that defendant admits the following

2.2. The fact of plaintiff’s injuries;

2.4. The authenticity and genuineness of the following:

(a) ANNEX “A” – Official receipt issued by Loyola Grand Villas

III. RESORT TO MODES OF ALTERNATIVE DISPUTE

Plaintiff is open to explore avenues for an amicable settlement of

IV. INTENTION TO AVAIL OF MODES OF DISCOVERY

Plaintiff would like to manifest her intention to avail of the

WHETHER OR NOT DEFENDANT IS GUILTY OF GROSS

WHETHER OR NOT PLAINTIFF IS ENTITLED TO ACTUAL

WHETHER OR NOT PLAINTIFF IS ENTITLED TO MORAL

WHETHER OR NOT PLAINTIFF IS ENTITLED TO

WHETHER OR NOT PLAINTIFF IS ENTITLED TO

1. JULIE BARETA, the plaintiff, will testify regarding her

2. GERINALD ANDERSOME, a resident of Loyola Grand Villas,

3. MARJOLEIN BARETTO, the nurse who accompanied plaintiff

4. DRA. GIRL ABUNDO, the attending emergency doctor in

5. DR. RAMMY TULPO, the attending general surgeon in St.

6. DRA. KIMMY CHU, GAOC dentist who performed plaintiff’s

7. DRA. BEATRIZ ALFONSO, psychiatrist from St. Luke’s Medical

Plaintiff shall rely on the following documentary evidence the

2. ANNEX “B” – Medical examination report issued by Quirino

3. ANNEX “C” – Official receipt issued by Quirino Memorial

4. ANNEX “D” – Official receipt issued by St. Luke’s Medical Center

5. ANNEX “E” – Invoice and official receipt issued by GAOC Dental

6. ANNEX “F” – Return card showing proof of delivery of plaintiff’s

1. Photos of plaintiff showing contusions and abrasions on her face and

2. X-ray of plaintiff’s left ankle;

3. Dental x-ray of plaintiff showing traumatic dental injury on her lower

4. Photos of the excavated road taken a day after the incident.

Plaintiff reserves the right to present such other testimonial,

VI. TRIAL DATES

Plaintiff respectfully suggests that the setting of trial dates be had

Makati City for Quezon City, October 18, 2019.

KYLE DOMINIQUE L. NAVARRO

COPY FURNISHED (BY LICENSED COURIER):

Due to time constraints, copy of the foregoing pleading was furnished

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