sample pre-trial brief- davao rabbit

8/12/2019 SAMPLE Pre-trial Brief- Davao Rabbit

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Republic of the Philippines

REGIONAL TRIAL COURT

11thJudicial Region

Branch 11

Davao City

DAVAO RABBIT BUS LINE INC.,

Represented by JUAN G. DELA CRUZ

(President),

Plaintiff, CIVIL CASE NO: 004-08

- Versus - FOR: DAMAGES andATTORNEYS FEES

AMADOR BULAN, ROLANDO SUIZO,

Defendants.

x--------------------------------------------------x

PRE-TRIAL BRIEF

OF THE PLAINTIFF

COMES NOW, the PLAINTIFF, through the undersigned Counsel, and

to the Honorable Court most respectfully states that:

1. Earnest efforts by the Plaintiff have been exerted to reach a compromise

with the Defendants but the same have failed. However, Plaintiff is stillwilling to compromise this case provided the terms are just and fair;

I. STATEMENT OF THE FACTS, CLAIMS AND DEFENSE

I. SUMMARY OF ADMITTED FACTS

1. Plaintiff, DAVAO RABBIT BUS LINE INC., is a domestic corporationduly organized and existing under the laws of the Republic of the

Philippines, engaged in the business of public land transportation, with its

office address at Km. 11, Sasa, Davao City, Philippines where it may be

served with summons, court orders and other processes;


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2. Plaintiff herein is represented by its President, JUAN G. DELA CRUZ asauthorized by virtue of Davao RabbitsBoard Resolution No. 2, Series of

2013;

3.

Defendant Rolando Suizo, is of legal age and a resident of 273 Palosapis St.Nova Tierra Village Lanang, Davao City;

4. Defendant Amador Bulan, is of legal age and a resident of 12 th AvenueFortune Homes Lanang, Davao City, is the registered owner of the KB

Hino Truck driven by Rolando Suizo, his employee.

5. Defendant Amador Bulan is impleaded as a defendant being the employerof Rolando Suizo, the driver.

6. The passenger bus that BENJAMIN BIGAT was driving was registeredunder the name of plaintiff, Davao Rabbit Bus Line, Inc., with principal

office at Km. 11, Sasa Davao City, with the following specifications:

i. Make : KB Hino Truckii. Plate No. : 246

iii. Chassis No. : MMBJNKA40AD091108iv. Engine No. : 4D56UCBR7019

II. PROPOSED STIPULATION OF FACTS

7. On October 26, 2013, at around 6:40 in the morning, Benjamin Bigat, adriver who plaintiff employs, was driving a passenger bus along MacArthur

Highway, Davao City. He was driving within the inner lane of the road,

wearing his seatbelt, and observing the 30kph speed limit imposed within

the Citysjurisdiction;

8. As the passenger bus that BENJAMIN BIGAT was driving neared theintersection between McArthuy Highway and Sandawa Road, a cargo truck

(KB HINO TRUCK, with plate number LWR-349 and Engine Number B3-

821577, registered under the name of Defendant Amador Bulan), suddenly

swerved and encroached the lane of Bigat, coming from the opposite

direction.

9. The cargo trucks maneuver described in the immediately precedingparagraph was made without any appropriate warning, in gross violation of

the Citys Traffic Code and well as other pertinent laws in place at that

time;

10.Because of the lack of warning mentioned above, Plaintiffs driverBENJAMIN BIGAT was not able to anticipate that defendant Rolando


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Suizo had the intention to traverse the formers lane since the traffic light

for left turn going to Maa signified a Stop Sign;

11.To avert the harm that was looming at that time, Plaintiffs driverBENJAMIN BIGATtried to respond and hit his brakes in order to avoidthe impact however, such was futile since defendant Rolando Suizo,

traversed the formers lane at a very high speed and at a very short distance

from the formers driven vehicle at about two (2) meters;

12.Due to the swift speed of the vehicle driven by defendant Rolando Suizo,upon impact, his vehicle did not stop but continued to run through;

13.Due to the swift speed of the vehicle driven by defendant Rolando Suizo,the passenger bus that Plaintiffs driver BENJAMIN BIGATwas drivingturned 180 degrees facing back towards Matina;

14.Due to the said recklessness, negligence and imprudence of Rolando Suizo,the driver of the cargo truck previously described, plaintiffsmotor vehicle

which Benjamin Bigat, was driving, incurred damages which had a repair

cost amounting to Php200,000.00;

15.Due to the negligence of Rolando Suizo, Benjamin Bigat suffered PhysicalInjuries, specifically lacerated wounds in his midfrontal area, which had a

healing period of seven days;

16.Due to the negligence of defendant Rolando Suizo, plaintiff spent theamount of Php 5,000.00, for the medical expenses of its driver Benjamin

Bigatand Antonia Macasaet, a bus passenger;

17.By reason of having been deprived the use of the Davao Rabbit Bus LineBus no. 1357 with plate number 246, plaintiff had suffered loss of earningsamounting to P100,000.00;

18.Several demands were made for defendants to pay their obligation but theystubbornly failed and willfully refused to pay despite receipt of said

demands;

19.Defendants obstinate yet groundless refusal to pay plaintiffs just and validclaims caused the latter to unduly suffer and so that others would be

deterred from following defendants example and for the good of the

public, it must be adjudged liable to pay exemplary damages in the amount

of not less than P50,000.00;


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VII

WHETHER OR NOT THE AWARD OF DAMAGES PRAYED

FOR AS COUNTERCLAIMS BY THE DEFENDANTS IS

JUSTIFIABLE

III. DOCUMENTARY EXHIBITS TO BE MARKED

EXHIBIT PARTICULAR PURPOSE

A Davao RabbitsBoard

Resolution No. 2, Series

of 2013 authorizing Mr.

Juan Dela Cruz as therepresentative of the

plaintiff

a) To prove that the Board ofDirectors of Davao Rabbit Bus line,

Inc. had duly appointed Juan Dela

Cruz to institute the case against theDefendants;

b) To prove that the Board Resolutionwas accordingly made pursuant to

the provisions of the Corporation

Code of the Philippines

B Official Receipt for

LTO Registration over

the passenger bus

owned by Davao Rabbit

Bus Line Inc.

a) To prove that the registration of theDavao Rabbit Bus Line Inc. had

been renewed and necessary fees

entailed therein had been paid;

C Certificate of

Registration of the

passenger bus owned by

Davao Rabbit Bus Line

Inc. issued by the LTO

a) To provide proper identification ofthe passenger bus owned by the

Davao Rabbit Bus Line Inc.

involved in the accident subject of

this case,and;

b) To prove that the necessaryrequirements for registration of the

said passenger bus before the LTO

had been complied with and as a

consequence, the use of the said bus

for operation is so lawfully

authorized;

D Traffic Report of the

accident

a) To prove that the appropriateauthorities had conducted the


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necessary investigation pertaining

to the vehicular mishap;

b) To prove who were the personsinvolved in the accident, and;

c) To prove who or what was theproximate cause of the accident;

E Receipt for the Cost of

Repair of the Passenger

Bus

a) To provide the exact amount bywhich Davao Rabbit Bus Line Inc.

had incurred to repair the passenger

bus that got involved in the

vehicular mishap subject of thiscase;

F Photograph of the

Passenger Bus at the

time it was delivered to

the Repair Shop

a) To provide a visual and accuraterepresentation of the extent and

actual physical damage sustained by

the passenger bus by virtue of the

vehicular mishap involved in this

case;

G Medical Certificate of

Benjamin Bigat

a) To prove the extent of the injuriessustained by Benjamin Bigat, and;

b) To prove the cause of the physicalinjuries suffered by Benjamin

Bigat;

H Hospital Bill paid for

the Treatment of

Injuries sustained by

Benjamin Bigat

a) To prove the actual expenses paidfor the treatment of Benjamin

Bigats wounds and other injuries

sustained by virtue of the vehicular

mishap;

H-1 Hospital Bill paid for

the Treatment of

Injuries sustained by

Antonia Macasaet, a

passenger of the bus

subject of this case

a) To prove the actual expenses paidfor the treatment of Antonia

Macasaets wounds and other

injuries sustained by virtue of the

vehicular mishap;

I Corporate Treasurers

Affidavit

a) To prove that Plaintiff was deprivedthe use of the Davao Rabbit Bus


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Line Bus no. 1357 with plate

number 246 because of the

vehicular mishap, and;

b) To prove that Plaintiff had sufferedloss of earnings amounting toP100,000.00 because of the

vehicular mishap

J Demand Letters a) To prove that several demands hadbeen sent to the Defendants for the

payment of the damages sustained

by the Plaintiff as evidenced by the

receipts attached therein;

IV. NUMBER OF WITNESSES

NAME OF WITNESSES SUMMARY OF THE TESTIMONY OF

WITNESS

1. Juan Dela Cruz a. To prove that the management of DavaoRabbit Bus Line, Inc. had decided to institute

the instant case;

b. To prove that he is the duly authorizedrepresentative to file the instant suit;

c. To prove that Davao Rabbit Bus Line, Inc. hadan employer-employee contract relation with

Benjamin Bigat;

d. To prove that the management of DavaoRabbit Bus Line, Inc. had undertaken the

necessary steps to ensure the fitness of

Benjamin Bigat to be one of its bus drivers;

e. To prove that the management was not remissin the selection and supervision of Benjamin

Bigat;

Attached herewith is a copy of the PLAINTIFFS

judicial affidavit in compliance with A.M. No. 12-

8-8-SC or the Judicial Affidavit Rule.

2. Benjamin Bigat a.

To prove that he has an employer-employeerelationship with that of Davao Rabbit Bus

Line, Inc.;

b. b. To prove that he is employed as one of thebus drivers of Davao Rabbit Bus Line, Inc.;

c. To prove that he had carefully driven the bus


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when he negotiated it while traversing the

intersection of Sandawa Road and Macarthur

Highway, Matina

d. To prove that it was the reckless driving ofRolando Suizo that caused the accident;

e. To prove that he and his passengers sustainedphysical injuries as a result of the accident;

f. To prove that Rolando Suizo was theproximate cause of the accident;

Attached herewith is a copy of the Benjamin

Bigats judicial affidavit in compliance with

A.M. No. 12-8-8-SC or the Judicial Affidavit

Rule.

3. Boyet de Leon a. To prove that he is the manager of MotorCitys Repair Shop;

b. To prove that the Plaintiffs engaged theservices of Motor Citys Repair Shop to fix the

damages sustained by passenger bus no. 1357;

c. To prove that the repairs made on passengerbus no. 1357 amounted to P 79, 000.00;

d. To prove that the Plaintiffs paid P 79, 000.00for the repairs made on the bus.Attached herewith is a copy of the plaintiffss

judicial affidavit in compliance with A.M. No.

12-8-8-SC or the Judicial Affidavit Rule.

V. APPLICABLE LAW AND JURISPRUDENCE

1. 1. Section 1 (b) , Rule 16 of the Rules of Court and other applicable

provisions of the Rules of Court;

2. Articles 2176, 2179, 2180, 2194, 2202, 2205, 2206, 2208, 2214, 2217,

2219 and other applicable provisions of the New Civil Code;

3. Applicable jurisprudence enunciated by the Supreme Court of the

Philippines.

VI. POSSIBILITY OF AMICABLE SETTLEMENT


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Earnest efforts by the Plaintiff have been exerted to reach a compromise

with the Defendant but the same have failed. However, Defendant is still willing

to compromise this case provided the terms are just and fair.

VII. AVAILABLE TRIAL DATES

Plaintiff together with the undersigned Counsel hereby manifest that they

are available for the following trial dates:

1. April 10, 2014;2. April 23, 2014;3. April 30, 2014, and;4. May 07,2014

RESPECTFULLY SUBMITTED, this 25th

day of March 2014, Davao

City, Philippines.

Cirunay, Domingo, Quibod, Santos Law Offices

Door 1, 4th

Floor, Abreeza Corporate Center, Bajada, Davao City

(082) 224-9889

[email protected]

by:

Atty. Sonny Paul R. Cirunay

PTR No. 31888568

IBP No. 935086

Roll No. 72872

MCLE Compliance Cert No. II -1085688

Mobile: (63)922-292-5924

Atty. Kristine Mae Quibod

PTR No. 77481; 1/4/13; Davao City

IBP No. 83205; 1/4/13; Davao City

Roll No. 55522

MCLE Compliance No. II-12/15/2013

Mobile: (63) 917.3909.732

Copy furnished:

Atty. Jessielle Ann C. Fabian

ANTEPUESTO, DACUMOS, FABIAN, MACABABBAD LAW OFFICES

Dr. 7, 7th

Floor, SM Lanang Premier

Lanang, Davao City

Received by:___________

Received on:___________

sample pre-trial brief- davao rabbit

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