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Transcript of Pre Trial Brief-1
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Republic of the PhilippinesMUNICIPAL TRIAL COURT IN CITIES
MANDAUE CITYBranch 3
724 CARE INC.,Plaintiff,CIVIL CASE: 6739
- versus - FOR: DAMAGESFOR BREACHOF CONTRACT &
CRISMARK ARCHIVAL, ATTYS FEESDefendant.
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PRE-TRIAL BRIEF
(For the Defendant)
DEFENDANT, by counsel and by way of special appearance and unto
this Honorable Court, most respectfully states that pending the resolution of
herein defendants Motion for Preliminary Hearing on Affirmative Defenses
filed on September 24, 2012, defendant submits this Pre-Trial Brief for
purposes of compliance:
WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT
Defendant is open and willing to enter into an amicable settlement or
compromise.
ALTERNATIVE MODES OF DISPUTE RESOLUTION
Defendant is willing to submit itself to mediation and other alternative
modes of dispute resolution.
BRIEF STATEMENT OF DEFENSE
Defendant prays for the dismissal of the complaint on the grounds of
Improper Service of Summons, lack of Verification and Certification Against
Forum Shopping, defective Board Resolution and unsigned Secretarys
Certificate, thereby granting this Honorable Court no jurisdiction over the
defendant, the Complaint and the Plaintiff.
PROPOSED STIPULATION OF FACTS
Defendant requests Plaintiff to admit the following facts:
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Defendant was hired by plaintiff on October 29, 2010 as a Customer
Sales Representative, through a Project Employment Contract. When the six-
month period is about to lapse, plaintiff let defendant sign a document
dubbed as the Probationary Employment Contract where defendant was
made a Sourcing Associate effective until October 30, 2011. When the latter
date came, plaintiff then again let defendant sign, an employment contract
for the position ofCustomer Sales Representative.
With plaintiffs potential to circumvent employees rights particularly
security of tenure, defendant tendered his resignation to prevent further
damage caused. Naturally however, plaintiff refused to accept his
resignation.
Thus, the subject of this instant complaint.
ISSUES
Defendant respectfully submits that the issues in this case are:
1. Was Summons properly served?
2. Whether or not this Complaint must be dismissed for lack of
Certification against Forum Shopping.
3. Whether or not this Honorable Court has jurisdiction over the plaintiff
for utterly defective Board Resolution and unsigned Secretarys
Certificate.
4. Whether or not plaintiff are entitled to the reliefs prayed for.
LIST OF EXHIBITS TO BE PRESENTED
Defendant will present the following exhibits:
1. The copy of the Complaint itself as received by defendant to prove
the lack of Certification Against Forum Shopping and therefore a
mere scrap of paper;
2. The defective Board Resolution to prove that such was antedated,
meaning, there was already authorization given prior to the date
when the cause of action arose. Also to prove that plaintiff fails to
establish that the members of the BOD who are signatories on
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August 2011 are still the same BOD when the alleged cause of
action against the defendant arose;
3. The Secretarys Certificate of one Almira Barcenas but signed by
Chareez Sol Aguirre as the Affiant to prove that such document is
defective and useless.
WITNESSES TO BE PRESENTED
1. The defendant herein is willing to take the stand and become a witness
for his cause and to testify on the material allegations, special and
affirmative defenses and the denials in his Answer;
2. The defendant reserves the right to present additional witnesses when
the need arises in the course of the proceedings;
Defendant will need at least thirty minutes (30 mins.) per witness,
exclusive of cross-examination, rebuttal and sur-rebuttal evidence.
ADMISSIONS
The defendants have no admissions to make except those already
stated in his Answer to the Amended Complaint.
RESERVATION
Defendant expressly reserves the right to present such additional
witnesses and other exhibits and evidence as the exigencies of the trial may
require.
SPECIFIC TRIAL DATES
It is respectfully requested that the trial dates be set during the pre-
trial conference to dates most convenient to this Honorable Court and to all
the parties.
MOST RESPECTFULLY SUBMITTED.
MANDAUE CITY, Philippines, October 11, 2012.
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MENDOZA LAW OFFICE
Suite 3E, JL Building, Don Jose Avila St., Capitol Site, Cebu CityTelephone number (032) 266-0516/ 09228348060
Atty. Kim Grace Mendoza
Roll of Attorney Number 54816
PTR Receipt Number 10147655 January 2, 2012, Cebu City
IBP Receipt Number 858630 January 2, 2012, Cebu CityMCLE Compliance Number III-0012441 April 19, 2010
Atty. Annavie E. Bacomo-Lapitan
Roll of Attorney Number 60010
PTR Receipt Number 10959166 March 11, 2012, Cebu CityIBP Receipt Number 893870 March 19, 2012, Pasig City
MCLE Exempt
Copy Furnished:
Atty. Dominador Cafe
c/o 247 Care Lending Inc.2nd Floor, A.D. Gothong I.T. Center Bldg.,
Subangdaku,6014, Mandaue City, Philippines
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