You are on page 1of 13

Assignment in Legal Forms (3-BDE) : To be submitted on Sat. (Feb.

9, 2019)

The facts are the same facts last Saturday involving breach of the Construction Contract.
Assuming this time that you are now the counsel of the defendant construcion company, prepare
the following :

1. Reply-Letter to the Demand Letter made by the counsel of the compnay who engaged the
services of your client to construct his office building

2. Anwer to the Complaint of the Plaintiff with Compulsory and Permissive Counterclaims

3. Motion to Dismiss

4. Pre-Trial Brief

COUNSEL OF DEFENDANT CONSTRUCTION COMPANY!!!


BLOOP LAW OFFICE
th
Unit 1, 4 Floor, Walter Building, Alabang, Muntinlupa City
Telephone number (02) 874 1234 / (0917) 5514444

Atty. Mario Kim

Counsel for Juan Francisco Tan; YM Construction

Bloop Law Office

Unit 1, 4th Floor, Walter Building,

Alabang, Muntinlupa City

RE: Demand Letter, Dated February 20,2019

Addressed to Mr. Juan Francisco Tan

Mabuhay:

We, Bloop Law Office, represent Mr. Juan Francisco Tan. This refers to your aforecited Demand
Letter, dated February 20,2019, addressed to YM Construction Inc. as represented by Mr. Juan
Francisco Tan.

We are writing in behalf of Mr. Tan, with her conformity below, to state the following facts,
issues and proposals:

1. Our client respectfully denies your allegation that YM Construction failed to complete
the construction of the office building;

2. That our client never used construction materials of inferior quality and complied with
the agreed materials to be used in the construction;

3. The position of our client is that the total paid obligation of your client amounts only to
two million and five hundred thousand pesos (Php. 2,500,000.00) evidenced by records
from HSBC;

4. There is no showing that construction materials used were of inferior quality as it was the
brand items agreed by your client;

5. The halted operations were not due to my client’s fault but were due to inconsistent
instructions of your client and Ms. Paulina Cruz, officer-in-charge of Aliteknik
Corporation;
6. That the delay in construction was due to unforeseen natural events of typhoon that
building constructions cannot push through.

7. Our client believes that mediation would be the best solution and that their obligation to
finish the construction push through funded by your client of the remaining due
obligation based on the contract price.

PREMISES CONSIDERED, our client Mr. Juan Francisco Tan hereby requests that a
SPECIAL CONFERENCE be held between the parties and their lawyers to MEDIATE and
AMICABLY SETTLE this controversy without unnecessary litigation.

Please feel free to instruct to your staff to contact our client Mr. Juan Francisco Tan through
their office landline (02) 556 1234 to discuss the details of the requested special conference, if
one is agreed to by your client.

Meanwhile, it is requested that your law office defer any unnecessary judicial and other legal
actions pending negotiations between the parties and their lawyers.

Thank you.

Sincerely yours,

Atty. Mario Kim

Bloop Law Office

CONFORME/NOTED:

Mr. Juan Francisco Tan

YM Construction Inc.
ANSWER TO THE COMPLAINT OF THE PLAINTIFF WITH COMPULSORY AND
PERMISSIVE COUNTERCLAIMS

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 100
Las Pinas City

ALITEKNIK CORPORATION
As Represented by its President
MS. MARIA ANTONIA REYES
Plaintiff

- Versus – Civil Case No.___


For: Breach of Contract with
Damages
KJH CONSTRUCTION, INC.
As represented by its President
MR. JUAN FRANCISCO TAN
Defendant
X -------------------------------------------- x

ANSWER

COMES NOW, the defendant through the undersigned counsel and unto this Honorable Court
respectfully alleges:

1. Defendant admits the averment in paragraph 1, 2, 3, 4, 5 and 6 of the complaint;

2. Defendant specifically denies the allegation in paragraph 7 of the complaint, the truth
being: “That on February 16, 2018 upon signing the contract, plaintiff issued a check in
the amount of one million pesos xxx”, such is evidenced by a copy of receipt issued by
HSBC hereto attached as EXHIBIT “1”;

3. Defendant admits Paragraph 8;


4. Defendant specifically denies the allegation in paragraph 9 of the complaint, plaintiff
deploys 2 staffs once a week to monitor the progress of the building construction as
evidenced by the record log book maintained by the security guard, hereto attached as
EXHIBIT “2”;

5. Defendant specifically denies the averment in paragraph 10, the 2nd payment issued by
plaintiff is in the amount of two million and five hundred thousand pesos (Php
2,500,000.00). Receipt is hereto attached as EXHIBIT “3”;

6. Defendant admits the allegation in paragraph 11;

7. Defendant specifically denies the allegations in paragraph 12, the defects found were due
to force majeure as it was continuously raining at the time the third-party engineer visited
the site. Also, materials used are not of inferior quality as it is in accordance to the agreed
materials approved by the plaintiff.

8. Defendant specifically denies paragraph 13, that plaintiff never made any communication
to defendant after executing the demand letter dated February 20, 2019.

9. Defendant specifically denies the allegations in paragraph 14, a reply to the demand letter
was issued and received by plaintiff on February 27, 2018, a copy of which is hereto
attached as EXHIBIT “4”.

YM CONSTRUCTION INC.’S COUNTERCLAIM

Defendant, YM Construction, Inc. as represented by Mr. Juan Francisco Tan hereby


asserts the following Counterclaim against Aliteknik Corporation.

1. Defendant incorporates by reference the affirmed allegation contained in paragraphs 1-


6,8 and 11 the Complaint as if fully set forth herein.

2. Pursuant to the Construction Contract (ANNEX C), parties are requested to settle any
disputes, controversies and differences by the Construction Industry Arbitration
Commission;

3. Defendant argues that plaintiff incurred delay in payment of the 2nd installment of the
obligation due which in turn delayed the construction of the building;

4. That under his counterclaim, judgment be rendered ordering plaintiff to pay the amount
of Php. 300,000.00 with legal interests thereon.

WHEREOF, defendant prays that the complained be dismissed for lack of merit and for failure to
comply with condition precedent before filing the suit.

Such other relief and remedies as may be deemed just and equitable under the premises are
likewise prayed for.

City of Las Pinas, March 2, 2019.


BLOOP LAW OFFICE
Counsel for the Defendant
Unit 1, 4th Floor, Walter Building
Alabang, Muntinlupa City

By:
ATTY. MARIO KIM
IBP No. 52796; 02/10/10, Manila
PTR No. 098765; 2/10/10, Manila
Roll No. 527996; 06/01/09
MCLE No. I-123456; 11/11/10
attykimario@bloop.com

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines )


City of Las Pinas ) S. S.

I, MR. JUAN FRANCISCO TAN, of legal age, Filipino citizen, single and resident of 76
Tan Compound, Molino 4, Bacoor, Cavite after having duly sworn to in accordance with law, do
hereby depose and say:
1. That I am the defendant in the above-entitled case;
2. That I have read and caused the preparation of the foregoing Answer and have read the
allegations contained therein;
3. That all allegations in said Answer are true and correct of my own knowledge and based
on authentic records;
4. That I hereby certify that I have not commenced any other action or proceeding involving
the same issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein;
5. That if I should thereafter learn that a similar action or proceeding has been filed or is
pending, I hereby undertake to report that fact within five (5) days therefrom to the court
or agency where the original pleading and sworn certification contemplated herein have
been filed;
6. That I executed this verification/certification to attest to the truth of the foregoing facts and
to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme
Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 4th day of March
2019 in the City of Las Pinas.

JUAN FRANCISCO TAN


SUBSCRIBED AND SWORN TO before me this 4th of March 2019 in the City of Las
Pinas, affiant exhibiting to me his GSIS I.D. No. 12345 in the City of Las Pinas.

Copy furnished:
ATTY. KATRINA BELARMINO
Griffin Law
Counsel for the Plaintiff
Unit 12, B Building, Madrigal
Alabang, Muntinlupa City

EXPLANATION

Copy of the foregoing ANSWER was served to plaintiff’s counsel by registered mail due
to time and distance constraints and for lack of the undersigned’s staff who can serve the same in
person.

ATTY. MARIO KIM


MOTION TO DISMISS

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 100
Las Pinas City

ALITEKNIK CORPORATION
As Represented by its President
MS. MARIA ANTONIA REYES
Plaintiff

- Versus – Civil Case No.___


For: Breach of Contract with
Damages
KJH CONSTRUCTION, INC.
As represented by its President
MR. JUAN FRANCISCO TAN
Defendant
X -------------------------------------------- x

MOTION TO DISMISS

COMES NOW, the defendant, through counsel, to this Honorable Court most respectfully
avers:
1. In the Complaint it was stated that defendant received four million pesos (Php.
4,000,000.00) as payment for the contract price of the building construction;
2. It is inconsistent with the payment evidenced from the records of HSBC as it was only
Php. 2,500,000.
3. Nothing was mentioned therein that defendant received the amount of Php. 4,000,000.
4. That mediation and amicable settlement was agreed by the parties before constituting a
case in court as evidenced by the construction contract which has not been complied
with.
5. This motion is not intended for delay.

PRAYER
WHEREFORE, it its prayed that the Complaint be dismissed on the ground of condition
precedent for filing the claim has not been complied with.

City of Las Pinas, Philippines. March 1, 2019

BLOOP LAW OFFICE


Unit 1, 4th Floor, Walter Building, Alabang, Muntinlupa City
Telephone number (02) 874 1234 / (0917) 5514444

Atty. Mario Kim


IBP No. 52796; 02/10/10, Manila
PTR No. 098765; 2/10/10, Manila
Roll No. 527996; 06/01/09
MCLE No. I-123456; 11/11/10
attykimario@bloop.com

NOTICE OF HEARING

Copy Furnished:

Atty. Katrina Belarmino


Griffin Law

Unit 12, B Building, Madrigal Ave.,

Alabang, Muntinlupa City

Ms. Mario Antonia Reyes

Aliteknik Corporation

Unit 12-16, Evia Techno Hub,

Daang Hari, Las Pinas City

PROOF OF SERVICE

PRE-TRIAL BRIEF

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 100
Las Pinas City

ALITEKNIK CORPORATION
As Represented by its President
MS. MARIA ANTONIA REYES
Plaintiff

- Versus – Civil Case No.___


For: Breach of Contract with
Damages
KJH CONSTRUCTION, INC.
As represented by its President
MR. JUAN FRANCIS TAN
Defendant
X -------------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel and by way of special appearance and unto this Honorable
Court, most respectfully states that pending the resolution of herein defendant’s Motion for
Preliminary Hearing on Affirmative Defenses filed on February 23, 2019, defendant submits this
Pre-Trial Brief for purposes of compliance:

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Defendant is open and willing to enter into an amicable settlement or compromise.

ALTERNATIVE MODES OF DISPUTE RESOLUTION

Defendant is willing to submit itself to mediation and other alternative modes of dispute
arbitration as agreed upon the construction contract between the parties.

BRIEF STATEMENT OF DEFENSE

Defendant prays for the dismissal of the complaint on the grounds of Improper Service of
Summons and non-compliance with the condition precedent before filing of complaint, thereby
granting this Honorable Court no jurisdiction over the defendant, the Complaint and the Plaintiff.

ADMISSIONS

Defendant admits the following facts:

1. The personal circumstances of the parties stated in the Answer;

2. Receipt of the demand letter dated February 20, 2019.

3. The issues which defendant raises are as follows:

a. Plaintiff’s entitlement to the amount claimed

b. Plaintiff’s bad faith in filing this suit

LIST OF EXHIBITS TO BE PRESENTED

Defendant intends to present the following documents, in connection with which the
defendant requests from plaintiff their admission if their execution and due authenticity;
1. Exh. 1 – construction contract stating that earnest efforts to compromise and
arbitration or mediation should be complied with before filing a legal suit in
court;

2. Exh. 2 – an acknowledgment receipt of the amount of Php. 2,500,000 as evidence


from the records of HSBC of the amount paid by plaintiff

Defendant manifests his intention to resort to discovery procedures.

Defendant does not intend to amend his answer.

WITNESSES TO BE PRESENTED

Defendant intends to present the following witnesses:

1. Mr. Timoteo Lim, Checking Supervisor of HSBC

2. Defendant Mr. Juan Francisco Tan, himself

3. Mr. Protacio Tanyag, Project Construction Head

WHEREFORE, defendant prays that the foregoing be taken cognizance of.

City of Las Pinas, Philippines. March 5, 2019.

BLOOP LAW OFFICE


th
Unit 1, 4 Floor, Walter Building, Alabang, Muntinlupa City
Telephone number (02) 874 1234 / (0917) 5514444

Atty. Mario Kim


IBP No. 52796; 02/10/10, Manila
PTR No. 098765; 2/10/10, Manila
Roll No. 527996; 06/01/09
MCLE No. I-123456; 11/11/10
attykimario@bloop.com

Copy Furnished:
Atty. Katrina Belarmino

Griffin Law

Unit 12, B Building, Madrigal Ave.,

Alabang, Muntinlupa City

Ms. Mario Antonia Reyes

Aliteknik Corporation

Unit 12-16, Evia Techno Hub,

Daang Hari, Las Pinas City