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
arnoldabril@gmail.com (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
carriedomark@gmail.com
(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
carriedomark@gmail.com
(032)-254-1712
 LIST OF ANNEXES

ANNEX 1 BOARD RESOLUTION OF APPOINTMENT

ANNEX 2 NOTICE OF TERMINATION

ANNEX 3 NOTICE TO THE PUBLIC