Answer

 

Republic of the Philippines  REGIONAL TRIAL COURT  7th Judicial Region  Branch 56  Mandaue City 

Civil Case No. MAN-5062  PENSHONE INCORPORATED, represented by its President, Mr. Jerome Bansol,  Plaintiff   For: Specific Performan Performance ce and/or Sums of Money with Damages 

-versus- 

YUNGCHOW CORPORATION, represented by its President, Mr. Ramon de Leon, Defendant  x--------------------------------------------x  

A N S W E R W I T H C O U N T E R C L A I M  (In Re: Summon, Received on March 20, 2019) 

Defendants, through the undersigned counsel, most respectfully file their Answer in response to the Complaint of the Plaintiffs and interpose as well as their counterclaim against the latter, to wit:  A D M I S S I O N S A N D D E N I A L S 

1. Paragraphs 1 to 7 of the Complaint are admitted;  2. Paragraph 8 of the Complaint is denied for lack of knowledge or information sufficient sufficient to form a reasonable belief as to the veracity or falsity thereof, the allegation therein being matters known only to, and is within the control only of the plaintiff;  

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3.

Paragraph 9 of the Complain is admitted; 

4. Paragraph 10 of the Complaint is denied insofar as the allegations where the Plaintiff informed the Defendant that the items were already to be delivered and installed since the latter was never informed or has acquired of such knowledge or information sufficient to form a reasonable belief thereof;  5. Paragraph 11 of the Complaint is denied for lack of knowledge or information sufficient sufficient to form a reasonable belief as to the veracity or falsity thereof, and that the Defendant did not personally received such demand letter or having read its contents;  6. Paragraph 12 to 14 are denied for lack of knowledge or informatio information n sufficient to form a reasonable belief as to the veracity or falsity thereof, the allegations therein being matters known only to, and are within the control only of the plaintiff; 

A FF I R M AT I V E A N D S P E C I AL D E F E N S E S 

7. The Complaint filed by Plaintiff is nothing but malicious lawsuit calculated to harass the Defendant, not to mention that this does not state a cause of action, and is a clear resort to forum-shopping, thereby rendering it dismissible outright; 

 NO BREACH OF CONTRACT  

8. There is no breach of contract since nowhere in the Sales Agreement (Annex “B” of the Complaint) that whenever a Buyer cancels the order, it is liable for any amount due as stated in the Agreement;  9. There was a mistake in writing the Purchase Order (Annex “C” of the There Complaint) and such was not given to the Plaintiff. Therefore, Purchase Order No. 5888 was nonexistent from the very beginning and that a new Purchase Order which is hereto attached as ANNEX “1”, indicating the final list of the goods;  10. The refusal of the Defendant to accept the order was grounded on the fact that the board of directors of YUNGCHOW CORPORATION did not come up hastily with a decision as to modify the terms and conditions stated in the Sales Agreement (Annex “A” of the Complaint) as reflected in the Secretary Certificate which is hereto attached as ANNEX “2”; 

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11. Moreover, such refusal was founded on honest mistake in writing the Purchase Order (Annex “1” of this Answer) and the delay of its delivery to the Plaintiff;   NO LIABILITY FOR FOR DAMAGES  

12.

Defendant is not liable for damages since there was no injury that has

caused damage to the reputation and business of the Plaintif Plaintiff; f;  13. Since the Plaintiff’s cause of action is absent in the foregoing circumstances due to its failure to establish the breach of contract by the Defendant, the former’s claim for damages has no basis. 

C O M P U LS O R Y

C O U N T E R C L A I M 

14. By reason of the abuse of right committed by the plaintiff and by reason of the instant precipitate and unfounded suit, the defendant was constrained to hire the services of a lawyer to defend his rights and interests for a professional fee of P30,000.00 plus P5,000.00 per court appearance;   15. Similarly, the plaintiff’s unfounded suit has caused the defendant mental anguish and suffer suffering ing and public humiliation and embarrassment, for which the defendant claims moral damages of P300,000.00. 

P R A Y E R  

Wherefore, it is respectfully prayed for:  1.  That the parties be given ample time to reach amicable settlement  before the Philippine Philippine Mediati Mediation on Center Center –   –  Mandaue  Mandaue City Office;  2.  That in case of a failure thereof, and after trial, the complaint be

dismissed for lack of merit and the defendant’s compulsory compulsory counterclaim be granted; and  3.  That the defendant be granted such other relief consistent with law and equity. 

City of Mandaue, March 26, 2019.  

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PALOMARES AND MENDOZA LAW OFFICE   Counsel for the Defendant  8th Floor, Park Tower, Cebu Business Park, Cebu City  Tel No. (Loc. 032) 888-8888  Email: [email protected] 

By:  ATTY. JURIS RENIER C. MENDOZA  Roll No. 333888  IBP No. 88899333 (lifetime)/Cebu City   PTR No. 874888/01/08/19/Cebu City  MCLE Compliance No. VI –  VI –  0013491/  0013491/ 2.01.19 

Copy furnished:  LYERRA PALUTKE  Counsel for the Plaintiff   8th Floor, Flo or, Park Tower Tower,, Cebu Business Park, Cebu City 

VERIFICATION AND CERTIFICA CERTIFIC ATION OF NON-FORUM SHOPPING 

Republic of the Philippines)  City of Mandaue )S.S. 

I, Mr. Ramon de Leon, of legal age, with office address at TGU Tower, IT Park, Cebu City, after having been duly sworn to in accordance with law, do hereby depose and say:   1) That I am the President of the Defendant Corporation Corporation in the aboveentitled case and vested with the Secretary's Certificate, I have caused the  preparation of this complain complaint; t;  2) That I have read the contents and allegations thereof and acknowledged that the same are true and correct of my knowledge, and  based upon actual actual and genuine do documents; cuments;  4

 

3) That I hereby certify that I have not heretofore commenced any other action or proceeding involving the same issue in the Supreme Court, the Court of Appeals, or any tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, any such action or proceeding which is either pending or may have been terminated, I must state the status thereof; and proceeding had been filed or is pending before the Supreme Court, the Court of Appeals, or any tribunal or agency, I undertake to report the fact within five (5) days therefrom to the Court or agency wherein the original pleading and sworn certification contemplated herein have been filed.   IN WITNESS WHEREOF, I have hereunto affixed my signature on this 26th day of March, 2019, at Mandaue City, Philippines. 

MR. RAMON DE LEON 

SUBSCRIBED AND SWORN TO before me this 26th day of March, 2019 in the City of Mandaue, Philippines. 

ATTY. JURIS RENIER C. MENDOZA  8th Flr., Park Tower, Cebu Business Park,  

Cebu City  Tel No. (032) 8888888 Email: [email protected]  [email protected]  Roll No. 333888  IBP No. 88899333 (lifetime)/Cebu City   PTR No. 874888/01/08/19/Cebu City  MCLE Compliance No. VI –  VI –  0013491/  0013491/ 2.01.19 

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