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Pre-Trial Brief A. Possibility of Amicable Settlement

This document outlines a pre-trial brief for a civil case between WT Construction, Inc. and the City of Talisay. WT Construction is claiming the remaining balance of 28.6 million pesos for construction of the Talisay City Fish Port, plus 30 million pesos in interest. The City of Talisay disputes that interest is owed due to delays not being its fault. Key issues to be determined are whether the cause of action has prescribed due to filing over 10 years after the contract, and if interest can be claimed given delays were due to inaction by WT Construction. Both parties will present documentary evidence and witnesses at trial.

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70 views3 pages

Pre-Trial Brief A. Possibility of Amicable Settlement

This document outlines a pre-trial brief for a civil case between WT Construction, Inc. and the City of Talisay. WT Construction is claiming the remaining balance of 28.6 million pesos for construction of the Talisay City Fish Port, plus 30 million pesos in interest. The City of Talisay disputes that interest is owed due to delays not being its fault. Key issues to be determined are whether the cause of action has prescribed due to filing over 10 years after the contract, and if interest can be claimed given delays were due to inaction by WT Construction. Both parties will present documentary evidence and witnesses at trial.

Uploaded by

giovanni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURTS


7TH JUDICIAL REGION
BRANCH 65, CITY OF TALISAY

WT CONSTRUCTION, INC.,
Represented by its Vice President,
Mr. Willy U. Te,
Plaintiff,

-versus- CIVIL CASE NO. TCV-2018-520


For: Specific Performance with Damages

CITY OF TALISAY,
Defendant,
x---------------------------------------------------/

PRE-TRIAL BRIEF

A. POSSIBILITY OF AMICABLE SETTLEMENT

Defendant is willing and open to enter into an amicable settlement


with the defendants,

B. BRIEF STATEMENT OF FACTS

Plaintiff claims for the remaining balance of the contract for the
construction of Talisay City Fish Port (Phase I) Project in the
amount of P 28, 656, 623.50 with an interest allegedly amounting
to P 30, 311, 049.28.

Defendant represented by the present administration has yet to


track the contract entered into by the past administrationand the
plaintiff pertaining to the construction of the Talisay City Fish Port
(Phase I)

Assuming there exist a contract between the palintiff and


defendant and assuming that there was payment made advanced by
the defendant, the only obligation of the defendant to the plaintiff
is only to the extent of the remaining balance of the contract price
which is P 28, 656, 623.50 without the payment of interest.
The City of Talisay could not be held liable to pay for the interest
because the delay is not due to the fault of the defendant but
primarily on the plaintiff.

Assuming that the authenticity of the contract Agreement, palintiff


has no cause of action against the defendant on the basis that its
right had already prescribed.

C. PROPOSE STIPULATION OF FACTS.

Will the plaintiff admit that the Contract Agreement between the
plaintiff and the defendant was executed on September 06, 2007?

Will the Plaintiff admit that the case was filed after 10 years from the
execution of the contract?

Will the Plaintiff admit that the delay of the payment is due to its
inaction and not with the defendant?

D. ISSUES

Whether or not the cause of action of the Plaintiff has prescribed?

Whether or not is entitled to an interest of P 30, 311, 049.28 when


the delay of the payment is due to their inaction?

E. DOCUMENTARY EVIDENCE

Defendant reserve to present documentary evidence in the course of


the trial.

F. WITNESSES

Plaintiff will present 2 witnesses with reservations


Respectfully submitted, May 25, 2021

City of Talisay
Defendant
By:

ATTY. GIOVANNI D. SUSUSCO


IBP NO. 8852 / 01-17-2020 / CEBU
PTR NO. 503905 / 01-17-2020 / CEBU PROV
Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007
MCLE VI-0027317

Atty. Terence A.L. Fernandez


Counsel for the Plaintiff
Suite 311, 3rd Floor, A. Geson Bldg.,
D. Jakosalem St., Zapatera, Cebu City

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