Republic of the Philippines

Department of Health
FOOD AND DRUGS ADMINISTRATION
Muntinlupa City, Philippines

In re: Report of Violation dated

09 March 2016 submitted
by Regional Field Office VII

FDA CASE NO. 2017-0401

DTN: 20160926023548

For: Violation of Sec.

VII (B) of AO 2016-
0003, in relation to
Sec.11 (K) of
RA 3720, as amended
by RA 9711

THE GENERAL MANAGER,

MADELICIOUS BAKESHOP
Poblacion, Maribojoc, Bohol,
Respondent.

ANSWER
COMES NOW, respondent, MARIANITO ALEMANIA, the
general manager of madelicious bakeshop, through the
undersigned counsel and unto this Honorable Office, most
respectfully alleges that:

1. Respondent, through its employee, JESSA PIOQUINTO

received the summons from the FDA, last November
08, 2019;

2. Respondent has 10 days within which to submit an

answer to the above-mentioned summons;

3. Respondent vehemently denied the report of

Violation which was submitted by the Regional Field
Office VII, showing a violation of section IV(B) of
Administrative Order No. 2006-0003 in relation to
section 11(k) of Republic Act 3720 as amended by RA
 9711, for operating without License to Operate (LTO)
from the FDA;

4. Because of this alleged violation, Food and Drugs

Administration through it Regional Field Office VII
issued a summons, FDA CASE NO. 2017-0401,
DTN: 20160329160243 directing the above-
mentioned establishment to Cease and Desist from
operating until it can show to the Honorable Office that
it has already secure a License to Operate from the
FDA;

AFFIRMATIVE DEFENSES

As affirmative defenses, the Respondent alleges the

following:

5. That the above-mentioned establishment had already

secured the License to Operate and is hereby attached
in this answer the faithful reproduction of the License
to Operate No.3000003569769 issued by the FDA as
Annex “A”;

6. That the above-mentioned establishment ceased and

desist its production, however, they continue to
operate upon the issuance of the LTO;

7. That under the Rules when the defendant is a

corporation, partnership or association organized
under the laws of the Philippines with a juridical
personality, service may be made on the president,
managing partner, general manager, corporate
secretary, treasurer, or in- house counsel;

8. That JESSA PIOQUINTO is not among the above

named person who can validly receive the summons,
hence the summons was not validly served and FDA
did not acquire jurisdiction over the person of the
respondent;
 PRAYER

WHEREFORE, foregoing considered it is prayed of this

Honorable Office that the order directing Madelicious
Poblacion, Maribojoc, Bohol, Branch to Cease and Desist from
operation shall be lifted.

Other relief and remedies consistent with justice are also

prayed for.
November 14, 2019, Tagbilaran City, Philippines.

SHERLITO M. COLUMNAS JR
Counsel for the Respondent
PIQUERO LAW OFFICE
51 REMOLADOR St., Tagbilaran City, Bohol
PTR No. 4281060-06/14/18; IBP Lifetime No. 02213;
Roll No. 40853; NCS No. 2018-63
Attorney’s Roll No. 70656
MCLE Compliance No. EXEMPTED