REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 88
Quezon City
Sponge Bob, and Tinky Winky
Plaintiffs,
CIVIL CASE No.
FOR: Damages
-versusPatrick Starr,
Defendant,
x----------------------------------------------------x
PRE TRIAL BRIEF
PLAINTIFFS, by Counsel, unto this Honorable Court, most respectfully file their Pre-Trial Brief as follows, to wit:
A. WILLINGNESS TO AN AMICABLE SETTLEMENT
Plaintiffs are willing to amicably settle this dispute upon reasonable terms and conditions.
B. PROPOSED FACTS FOR STIPULATION
1. That plaintiff Sponge Bob is the registered owner of a Tamiya
Everest described in paragraph 3 of the complaint;
2. That the Tamiya Everest was duly registered with the Land
Transportation Office (LTO) on December 2, 2019;
3. That on January 2, 2020 at midnight, more or less, at Gen.
Mavar Street, Brgy Socorro, Araneta City, Cubao, Quezon
City, the plaintiff parked his Tamiya Everest in front of his
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Bob v. Starr,
Plaintiff’s
Pre-Trial Brief
residence at the side of the road along his two storey house
registered as Lot 32-B located in Araneta City, Cubao, Quezon City;
4. That after parking, driver plaintiff Sponge Bob alighted from
the Tamiya Everest to open the vehicle's rear door for his passengers to disembark;
5. That while the driver was opening the rear door of the car
and his eldest daughter and co-plaintiff Tinky Winky was
about to alight therefrom, he saw headlights of a fast in-coming motor vehicle traveling towards the car of plaintiff in a
zigzag or erratic manner;
6. That by way of protecting his passengers, he closed the vehicle's rear door, told his daughter to come back inside, returned to his driver's seat and closed all the doors of the
Tamiya Everest;
7. That in a few seconds after Sponge Bob was able to return to
his seat and close the doors of the car, the Tesla Lambourghini with Plate No. QTP-888 registered in the name of
defendant Patrick Star driven by said registered owner suddenly collided with the rear end of plaintiff's Tamiya Everest
causing it to be tilted and pushed inside the house of plaintiff
where all its passengers were trapped inside;
8. That the passengers of the Tamiya Everest are Sponge Bob
and Ko Key;
9. That this incident has caused minor injuries to the passengers,
damages on the plaintiff's car and plaintiff's house and some
of its household necessities. The passengers and the driver
went to St. Luke’s Medical Hospital for medical treatment;
10. That defendant's motor vehicle did not stop after it bumped
plaintiff's Ford Everest and it merely stopped after it could
not anymore continue to travel due to its damaged headlights;
11. That plaintiffs' representative met with defendant's representative to settle this case but defendant's representative
merely assured plaintiffs that it will pay all the damages;
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Bob v. Starr,
Plaintiff’s
Pre-Trial Brief
12. That upon the idea of defendant's representative, plaintiff's
Ford Everest was brought to Tamiya Motors in Quezon City
for repairs but was not released after its repairs due to defendant's delay in the payment of its repair obligations to
Tamiya Motors;
13. That defendant has not also paid the damages caused on the
house and fixtures of plaintiff;
14. That plaintiffs sent demand letter to defendant pleading to
amicably settle this problem but to no avail;
C. ISSUES TO BE RESOLVED:
1. Whether or not defendant is liable for damages on the car of
the plaintiff.
2. Whether or not defendant is liable for the medical expenses of
the driver and passengers.
3. Whether or not defendant is liable for damages on the house
and all other house fixtures of the plaintiff.
4. Whether or not defendant is liable for attorneys fees and all
other damages suffered by plaintiffs.
D. DOCUMENTS/EXHIBITS TO BE PRESENTED
1. Judicial Affidavit of Sponge Bob
2. Judicial Affidavit of Tinky Winky
3. Judicial Affidavit of Simoun Ibarra
4. St. Luke’s Medical Center Laboratory Request dated January
2, 2020
5. St. Luke’s Medical Center Medical Prescription dated January 2, 2020
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Bob v. Starr,
Plaintiff’s
Pre-Trial Brief
6. Judicial Affidavit of Dol Phy, Manager, Tamiya Motors,
Quezon City
7. Judicial Affidavit of Da Gul, Adjuster, Claims Division, Immortal Insurance Corp., Quezon City
8. Tamiya Everest Certificate of Registration No. 88888888
dated 12/2/2019
9. Tamiya Everest Official Receipt No. 115639786 dated
12/2/2019
10. Certification of the Police Blotter dated January 2, 2020
11. PNP Traffic Accident Report Form
12. Tamiya Motors Repair Estimate dated January 20, 2020
13. Compromise Agreement for the Partial Settlement of
Plaintiffs' Claims
E. WITNESSES AND BRIEF SUMMARY OF THEIR
TESTIMONIES
1. Sponge Bob who will testify practically on all facts as stated
on the complaint in this case. He will need 30 minutes to testify on a Judicial Affidavit;
2. Tinky Winky will testify to corroborate the testimony of her
father. She will need 20 minutes also to testify upon a Judicial
Affidavit;
3. Barangay Tanod Simoun ibarra to corroborate to the testimonies of co-plaintiff Sponge Bob and Tinky Winky;
4. Dol Phy the manager of Tamiya Motors at Quezon City will
testify on the repairs made by the Tamiya Motors Repair Shop
and the amount thereof;
5. Da Gul of Immortal Insurance, the insurer of defendant's motor vehicle.
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Bob v. Starr,
Plaintiff’s
Pre-Trial Brief
F.
PLAINTIFF MANIFESTS HIS INTENTION TO RESORT TO
DICOVERY PROCEDURES;
WHEREFORE, plaintiff prays that the foregoing be taken cognizance of.
RESPECTFULLY SUBMITTED.
Quezon City, Philippines, February 29, 2020.
ATTY. VICENCIO D. GANDA IV
Counsel for the Plaintiffs
Rm. 088, UG/F., Viva Center
Ocean Avenue, Quezon City
IBP Lifetime No. 888888 / 12-24-96
PTR NO.7832922/1/7/2019/
Quezon City
MCLE Compliance No. VI-0008888
Attorneys Roll No. 888888
IBP Member: Quezon City Chapter
email ad: spongebob@yahoo.com.ph
Globe Cel No. 09177777888
Smart Cel No. 09399213888
Tel. No. (053) 523-7888
Copy Furnished:
Atty. Dante Gulapa
2F, Dance Foundation Bldg.
Hot St., Forbes Park, City of Manila
Received by:______________
Date:
______________
Explanation
I hereby certify that copy of the foregoing Pre-Trial Brief was
served on The Branch Clerk of Court, RTC and Atty. Dante Gulapa at
their given address as shown by Registry Receipt Nos.
______________________________, and _________________________
hereto attached, service by personal delivery not being practicable in
the premises in view of the distance to its office address.
(signed)
ATTY. VICENCIO D. GANDA IV