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Pre-Trial brief-BPIvsSPS Ledesma-Collection-Metc Mkti 61

This is a case filed by BPI against spouses Ma. Aurora Ledesma and Jane Doe for collection of a sum of money. BPI claims the spouses owe PHP 240,618.41 in credit card charges and fees. The spouses argue the amounts are inaccurate and bloated. The pre-trial brief outlines the parties' claims and defenses, proposed stipulations, witnesses and documents to be presented, and applicable laws.

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George Melits
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43 views

Pre-Trial brief-BPIvsSPS Ledesma-Collection-Metc Mkti 61

This is a case filed by BPI against spouses Ma. Aurora Ledesma and Jane Doe for collection of a sum of money. BPI claims the spouses owe PHP 240,618.41 in credit card charges and fees. The spouses argue the amounts are inaccurate and bloated. The pre-trial brief outlines the parties' claims and defenses, proposed stipulations, witnesses and documents to be presented, and applicable laws.

Uploaded by

George Melits
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
MAKATI CITY
BRANCH 61

BANK OF THE PHILIPPINE


ISLANDS,
Plaintiff,

-versus- Civil Case No. 100845


For: Collection of Sum of
Money

SPS. MA. AURORA LEDESMA


AND JANE DOE,
Defendants.

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

PRE-TRIAL BRIEF
[For Plaintiff Bank of the Philippine Islands]

PLAINTIFF BANK OF THE PHILIPPINE ISLANDS

(“Plaintiff BPI”, hereinafter), by and through the undersigned Law

Firm, unto this Honorable Court, most respectfully submits the

instant Pre-Trial Brief in the above-captioned case, and in support

thereof, avers: That - -

I.

POSSIBILITY OF ENTERING INTO COMPROMISE AGREEMENT

1
Plaintiff BPI is willing to enter into compromise agreement

under such terms and conditions as may be just, equitable and

allowed by law. Plaintiff BPI will be in a position to state its

minimum demand once it receives a formal proposal from herein

defendants.

II.

BRIEF STATEMENT OF PARTIES’ RESPECTIVE


CLAIMS AND DEFENSES

This is a case for Collection of Sum of Money filed by Plaintiff

Bank of the Philippine Islands (“Plaintiff BPI”, hereinafter) against

herein Defendant Spouses Ma. Aurora Ledesma and Jane Doe

(“Defendant Spouses”, hereinafter).

Plaintiff BPI claims that defendant Ma. Aurora Ledesma

applied for and was issued a BPI Credit Card under Customer No.

0201002000534818 upon her acceptance of the Terms and

Conditions governing the issuance and use of the BPI Credit Card.

Plaintiff BPI maintains that herein defendant spouses availed

themselves of the credit accommodations/facilities under BPI Credit

Card through the use of the same in various accredited

establishments. Through the use of the aforesaid BPI Credit Card,

defendants spouses incurred credit charges with Total Outstanding

Balance (TOB) in the amount of PESOS: TWO HUNDRED FORTY

THOUSAND SIX HUNDRED EIGHTEEN & 41/100 (Php

240,618.41) as per Statement of Account (SOA) dated 21

2
February 2010. However, despite demands from plaintiff BPI,

defendant spouses failed and/or continuously failed to pay and

settle their accounts. Under the terms and conditions governing

the use of a BPI Credit Card, the amount due shall be charged with

a finance charge at the rate of 3.25% and a late payment charge at

the rate of 6% per month from default until the obligation has been

fully paid. Plaintiff also claims attorney’s fees equivalent to 25% of

all amounts due, exclusive of appearance fee for every court

hearing.

By way of defense, defendant spouses contended that the

complaint has no basis and premature. Defendant spouses alleged

that the amounts being collected are inaccurate and bloated.

IV.

PROPOSED STIPULATIONS

Plaintiff BPI is willing to enter into stipulation of facts during

the pre-trial conference, in addition to those already admitted in the

pleadings.

V.

ISSUES

Whether or not defendant spouses are liable to plaintiff BPI

for the amount/s claimed in the complaint.

VI.

WITNESS TO BE PRESENTED

3
Plaintiff BPI intends to present the Account Officer handling

the defendant spouses’ account to prove the allegations of the

complaint. Plaintiff BPI hereby reserves the right to present such

other witnesses as may be needed during the course of the trial.

VII.

DOCUMENTS TO BE MARKED AND PRESENTED

Plaintiff BPI will present the following documents:

1. Defendant Spouses’ BPI Express Credit Card Application


Form;

2. Delivery Receipt of the BPI Credit Card Package


together with the accompanying terms and conditions
printed at the back of the card carrier;

3. Monthly Statement of Accounts/charge slips under the


name of defendant spouses; and

4. Demand Letter dated 03 June 2010.

Plaintiff BPI reserves the right to present such other

documents as may be needed during the trial.

VIII.

APPLICABLE LAWS AND JURISPRUDENCE

Pertinent provisions of the Civil Code of the Philippines, other

relevant laws and the Rules of Court, and Jurisprudence

thereunder.

IX.

AVAILABLE TRIAL DATES

4
Plaintiff BPI and the undersigned counsel may be available for

trial of the instant case on such dates as may be mutually agreed

upon by both parties and their respective counsels, subject to the

convenience and approval of this Honorable Court.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the instant Pre-Trial Brief for

the Plaintiff BPI be ADMITTED to form part of the records of this

case.

OTHER RELIEFS, just and equitable under the premises, are

likewise most respectfully prayed for.

RESPECTFULLY SUBMITTED. Makati City, 2 February 2011.

SAULOG & DE LEON LAW OFFICES


Counsel for the Plaintiff
BANK OF THE PHILIPPINE ISLANDS
Units 1704 & 1705 88 Corporate Center
141 Valero Street corner Sedeño Street
Salcedo Village, Makati City
Tel Nos. 813-6145, 813-6149, 894-5015, 893-6112, 817-8024

By:

CHRISTIAN GEORGE LLANES MELITANTE


PTR No. 9268499M; 01-10-11; Paranaque City
IBP No. 845316; 01-05-11; PPLM
MCLE Compliance III No: 0008897; 02.25.10
Roll No. 55728

Copy furnished:

ATTY. DOMINGO EGON CAYOSA


Counsel for the Defendant Spouses
No. 1 cayosa Homes Tuguegarao City,
Cagayan

5
EXPLANATION

The instant PRE-TRIAL BRIEF is being filed with this


Honorable Court and a copy thereof is being served upon the
above-named addressee through registered mail with return card
for lack of material time and personnel to effectuate the preferred
mode of service.

CHRISTIAN GEORGE LLANES MELITANTE

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