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Conditions Precedent: Barangay Conciliation Yes/No/ SEC.

408 note: Sec 412 of LGC


Attachment.
Capacity:
Action or defense based on document: Substance of such instrument or document
shall be set forth in the pleading and the original or copy thereof shall be attached
to the pleading as an exhibit/ said copy may with like effect be set forth in the
pleading
Certification & Verification:
Joint oblig: necessary party ok ra dili i-impleade but pwd substituted service
Problem:
You have a client by the name of Luke Deider, an American citizen who resides in
1016 Condominium, Luzon Avenue, Cebu Business Park, Cebu City. Per his narration
of facts to you, these are the relevant details and information:
He knows Arianne Santos, listed as president of Surigao Island Sales Corporation
(SISC) with principal office address at Hinatuan, Surigao del Sur, per last General
Information Sheet filed with the Securities and Exchange Commission.
In a letter dated February 23, 2010, Arianne through her sister Rona, affirmed and
confirmed that Luke Deider is a creditor of SISC in the amount of Twenty-five Million
Four Hundred Thousand (P25,400,000.00) Pesos, among others, and made an
undertaking that a Promissory Note in favor of Luke shall be executed to secure the
latters creditor position in SISC. This promissory note is to be the joint obligation of
SISC and Ms. Arriane Santos
Thereafter, or on May 3, 2010, defendant SISC through Rona executed a
promisory note in favor of Luke Deider, In the Promissory note, the obligation was to
become due and demandable one year from its execution. The obligation is also to
be interest-bearing, at 25% per annum.
When the loan fell due, demand for payment was made. However, no payment was
made by Arianne or SISC. Further inquiry led to the following facts and information:
the properties that were supposed to be purchased using the loaned amount were
purchased but placed in the names of other persons and of Arianne. Per latest
audited financial statement of SISC on file with SEC, the corporation owns no real
properties in the Philippines, but has personal properties to its name such as the L300 van. Further, Arriane may no longer be found at the address listed in the GIS.

rAwRaTha7A
where he may be served with court processes, motions, and decision

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