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    Ace Asyong Alvero
    1) The defendant corporation files an answer with counterclaims in response to the plaintiff's complaint. 2) The defendant denies most of the allegations in the plaintiff's complaint. It argues that the plaintiff has no obligation to the defendant as the documents provided are questionable and the signatories were no longer connected to the defendant corporation. 3) The defendant also files counterclaims seeking moral damages, nominal damages, and attorney's fees for a malicious and baseless lawsuit.

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    Answer

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    Ace Asyong Alvero
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    1) The defendant corporation files an answer with counterclaims in response to the plaintiff's complaint. 2) The defendant denies most of the allegations in the plaintiff's complaint. It argues that the plaintiff has no obligation to the defendant as the documents provided are questionable and the signatories were no longer connected to the defendant corporation. 3) The defendant also files counterclaims seeking moral damages, nominal damages, and attorney's fees for a malicious and baseless lawsuit.

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    1) The defendant corporation files an answer with counterclaims in response to the plaintiff's complaint. 2) The defendant denies most of the allegations in the plaintiff's complaint. It argues that the plaintiff has no obligation to the defendant as the documents provided are questionable and the signatories were no longer connected to the defendant corporation. 3) The defendant also files counterclaims seeking moral damages, nominal damages, and attorney's fees for a malicious and baseless lawsuit.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    148 views9 pages

    Answer

    Uploaded by

    Ace Asyong Alvero
    1) The defendant corporation files an answer with counterclaims in response to the plaintiff's complaint. 2) The defendant denies most of the allegations in the plaintiff's complaint. It argues that the plaintiff has no obligation to the defendant as the documents provided are questionable and the signatories were no longer connected to the defendant corporation. 3) The defendant also files counterclaims seeking moral damages, nominal damages, and attorney's fees for a malicious and baseless lawsuit.

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    © All Rights Reserved
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    of 9

    Republic of the Philippines

    REGIONAL TRIAL COURT


    Seventh Judicial Region
    BRANCH 10
    Cebu City

    MR. LUKE DEIDER,

    Plaintiff,

    —versus— Civil Case No. 123456789


    For: Sum of Money

    SURIGAO ISLAND SALES CORPORATION,

    Defendant.

    x----------------------------------------------------x
    ANSWER WITH COUNTERCLAIM

    DEFENDANT, through the undersigned counsel, by way of Answer in


    response to the Complaint of Plaintiff, most respectfully states that:

    Admissions and Denials

    1. The contents of paragraph 2 of the complaint received referring to


    Defendant Corporation (Corporation) are admitted, but specifically
    denies Ms. Arianne Santos as President and Ms. Rona Santos as a
    Representative of herein Defendant Corporation because Ms. Arianne
    had long ceased to be the president since July 8, 2008 and that Ms.
    Rona is not an employee or in any way connected to the defendant
    Corporation in any manner, directly or indirectly;

    2. Paragraphs 3 and 4 of the complaint received are specifically denied


    since the Corporation possess no knowledge or information,
    whatsoever, sufficient to form a belief as to the existence of the said
    letter nor its contents confirming the alleged obligation of the
    Corporation in favor of plaintiff, as the former came to know such
    allegation only upon receipt of the complaint;

    3. Paragraph 5 of the complaint received is specifically denied since the


    Corporation possess no knowledge or information, whatsoever,
    sufficient to form a belief as to the existence of such obligation and did
    not contract any obligation in favor of plaintiff as the latter is in no way
    acquainted to the Corporation nor the latter know the plaintiff, much
    more contract any obligation with Ms. Arianne, as the Corporation
    already have severed all of its ties and connections with her from the
    time she ceased to be the President of the corporation;
    4. Paragraphs 6 and 7 of the complaint received are specifically denied
    because the Corporation possess no knowledge or information,
    whatsoever, sufficient to form a belief as to the existence, more so as to
    the contents, of the said promissory note since the Corporation did not
    and have never executed a promissory note nor contracted an obligation
    in favor of plaintiff, and assuming arguendo that there exist a
    promissory note executed by Ms. Rona, such note is in no way
    connected nor does it bind the Corporation since the former is not an
    employee nor in any way connected to the corporation;

    5. Paragraph 9 of the complaint received is specifically denied as the


    Corporation possess no knowledge or information, whatsoever, of any
    debt that has become due as it always pay on time and with the exact
    amount of any of its debt to any of its creditor, and admits that no
    payment was made by the corporation in favor of the plaintiff as there
    was no obligation to be paid in the first place;

    6. Paragraph 10 of the complaint received is specifically denied for


    having refused to receive such letter as the Corporation instructed its
    employees to inform any person, intending to deliver a letter to Ms.
    Arianne using the Corporation’s address, as it became the practice of
    the former to receive letters, personal or not, through the said address,
    to direct the delivery of said letter to 354-L Terry’s Compd., King’s
    Road, Camputhaw Cebu City, the address made known to the company
    by Ms. Arianne during her entire employment as her present address,
    and affirms that no payment was still made as there was no obligation
    to be paid in the first place;

    7. Paragraph 12 of the complaint received is specifically denied for the


    same reason mentioned in the immediately preceding paragraph herein;
    and

    8. Paragraph 13 of the complaint received is specifically denied as there


    was no existing obligation in favor of plaintiff to be complied in the
    first place.
    Affirmative and Special Defenses

    7. The Complaint lacks a cause of action and is a malicious lawsuit


    against Defendant;

    8. That the President of herein Defendant Corporation is Mr. ACE


    ASUNCION since July 9, 2008 as shown by a Board Resolution
    confirming his appointment (Annex 1);

    9. That the Defendant Corporation posted Notice of Termination (Annex


    2) of Ms. Arianne Santos as President effective July 8, 2008 in 2
    conspicuous places of the principal office of the defendant corporation,
    and published in newspaper of general circulation in the Philippines
    (Annex 3);

    10. That at the time of the alleged execution of the Letter of Undertaking
    and Promissory Note, Ms. ARIANNE SANTOS was no longer
    connected to the Defendant Corporation;

    9.1 That the latter of Confirmation (Annex A) was executed


    on Februrary 23, 2010;

    9.2 That the Promissory Note was executed on May 3, 2010;

    9.2 That at the time of the execution of the above documents, the
    President was Mr. ACE ASUNCION;

    11. That the documents attached in the complaint are questionable in all
    aspects as shown my by the fact that the Promissory Note (Annex B)
    and letter of Confirmation (Annex A) were signed differently by Ms.
    Arianne Santos;

    12. That the Demand letters (Annex C & D) were received by the
    Defendant Corporation but the latter ignored the same as there was no
    obligation with the Mr. Luke Deider;

    13. That Defendant Corporation only came to know of Mr. Luke Deider
    through the demand letters.
    !2
    Counterclaims

    DEFENDANT reiterates, repleads and incorporates by reference all the


    foregoing insofar as they are material and additionally submit that it is entitled
    to relief as follows:

    a) Moral damages amounting to Two Million Pesos (PhP 2, 000, 000.00)


    for the mental anguish and besmirched reputation that this malicious
    and baseless suit has brought to the defendant corporation;

    b) Nominal Damages amounting to Fifty Thousand Pesos (PhP 50,000.00)


    for the violation of the defendant’s rights;

    c) In order to protect its interests in the instant suit, Defendant was


    compelled to engage the legal service of counsel, for an agreed
    professional fee of four Hundred Thousand Pesos (PhP 400,000.00).

    Prayer

    WHEREFORE, Defendant most humbly and respectfully prays that


    judgment be rendered in its favor by DISMISSING the Complaint and
    granting the Counterclaims of (a) Two Million Pesos (PhP 2, 000, 000.00) as
    Moral Damages, (b)Fifty Thousand Pesos (PhP 50,000.00) as Nominal
    Damages, and (c) Four Hundred Thousand Pesos (PhP 400, 000.00) as
    Attorney's fees.

    Other just and equitable reliefs are likewise prayed for.

    Cebu City Philippines, January 5, 2018.

    ATTY. ARNOLD ARAN ABRIL


    Counsel for the Defendant
    CAMA (Carriedo, Abril, Macmac, Alvero) Law Firm Phoenix Sun Business
    Park Tower 2, Maasim City Attorney’s Roll No. 79023
    IBP No. 984562 / June 30, 2018 / Cebu City PTR No. 923723 / May 15, 2018 /
    Cebu City MCLE No. 18-00046735 / October 17, 2018
    [email protected] (032)-254-1712

    !3
    VERIFICATION AND CERTIFICATION ON
    NON-FORUM SHOPPING

    Republic of the Philippines )


    City of Maasim ) S.S.

    I, ACE ASUNCION, of legal age, single, Filipino, and a resident of Maasim,


    Surigao Del Sur, Philippines after being sworn to in accordance with law,
    hereby depose and state that:

    1. I am the President of the Defendant Corporation in the above-entitled


    case;

    2. I have caused the above Answer with Counterclaims to be prepared,


    and I have read and know of the contents thereof;

    3. The allegations therein are true and correct of my own personal


    knowledge and belief, and based on authentic records;

    4. I have not theretofore commenced any action or counter or filed any


    claim involving the same issues in any court, tribunal or quasi-judicial
    agency, against the plaintiff and, to the best of my knowledge, I have
    no such action or claim pending therein;

    5. If there is such pending action or claim, a complete statement of the


    present status thereof; and

    6. If I should thereafter learn that the same or similar action or claim has
    been filed or pending, I shall report that fact within five (5) days
    therefrom to the court wherein my aforesaid complaint has been filed.

    ACE ASUNCION
    Affiant

    SUBSCRIBED AND SWORN TO before me this 5th day of January 2018, at


    Maasim City, and the affiant exhibited to me Driver’s License No. G73-92-
    300309 issued on the 8th day of February 19, 2016, at Maasim City.

    Doc No. ________ Atty. Mark Carriedo


    Page No.________ Until December 31, 2018
    Book No.________ PTR No. 8543842, 01-05-17
    Series of 2018 IBP No. 9753856, 01-17-2017
    Maasim City
    IBP Roll No. 52947, 03-14-1994
    MCLE No. V-0076927, 08-26-2016
    Valid Until 12-31-2018
    [email protected]
    (032)-254-1712
    SPECIAL POWER OF ATTORNEY

    KNOW ALL MEN BY THESE PRESENTS:

    We, the BOARD OF DIRECTORS OF SURIGAO ISLANDS AND


    SALES CORPORATION, a domestic corporation organized and existing
    under the present laws of the Philippines with principal office address at
    Hinatuan, Surigao del Sur, do hereby name, constitute, and appoint our
    President, ACE ASUNCION, of legal age, Filipino, and with postal address at
    Maasim, Surigao del Sur, Philippines, to be our true and lawful ATTORNEY-
    IN-FACT, for us and in our name, place and stead, to do the following
    specific acts, to wit:

    1. To represent Surigao Islands and Sales Corporation in the case


    involving the latter;

    2. To cause the filing of the answer with counterclaim and and any
    documents necessary for the disposition of the case involving Surigao
    Islands and Sales Corporation;

    2. To sign any documents and/or papers pertaining thereto.

    FURTHERMORE, HEREBY GIVING AND GRANTING unto our said


    Attorney-in-Fact full power and authority to do and perform any and every act
    requisite or necessary to carry into effect the foregoing authority, as fully to all
    intents and purposes as we might or could lawfully do if personally present,
    and hereby ratifying and confirming all that our said Attorney-in-Fact shall
    lawfully do or cause to be done under and by virtue of these presents.

    IN WITNESS WHEREOF, we have hereunto set our hand this 4th of


    January, 2018 at Maasim, Surigao del Sur, Philippines.

    BOARD OF DIRECTORS/ CHAIRMAN


    Principal

    Accepted by: ACE ASUNCION


    Attorney-in-Fact

    SIGNED IN THE PRESENCE OF:

    __________________________ __________________________
    ACKNOWLEDGEMENT

    REPUBLIC OF THE PHILIPPINES )


    PROVINCE OF SURIGAO DEL SUR )S.S
    CITY OF MAASIM................................)

    BEFORE ME, a Notary Public for and in the above just stated
    jurisdiction, on this ____ day of __________, 2018, personally appeared
    _____________ with SEC No. _______________ as competent proof of its
    identity and with which I identify it actually, known to me to be the same
    Corporation who executed the foregoing instrument, and acknowledged to me
    that the same is the free and voluntary act and deed of the Board of Directors.

    WITNESS MY HAND AND NOTARIAL SEAL, the date and place above
    written.

    Doc No. ________ Atty. Mark Carriedo


    Page No.________ Until December 31, 2018
    Book No.________ PTR No. 8543842, 01-05-17
    Series of 2018 IBP No. 9753856, 01-17-2017
    Maasim City
    IBP Roll No. 52947, 03-14-1994
    MCLE No. V-0076927, 08-26-2016
    Valid Until 12-31-2018
    [email protected]
    (032)-254-1712
    LIST OF ANNEXES

    ANNEX 1 BOARD RESOLUTION OF APPOINTMENT

    ANNEX 2 NOTICE OF TERMINATION

    ANNEX 3 NOTICE TO THE PUBLIC

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