REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF TRADE AND INDUSTRY

DTI REGIONAL OFFICE – REGION I
4/F JUANITA COMMERCIAL BUILDING QUEZON AVENUE
SAN FERNANDO CITY, LA UNION

DEPARTMENT OF TRADE AND CIVIL CASE NO. 9653

INDUSTRY, FAIR TRADE
ENFORCEMENT BUREAU ADM. CASE NO. R01-LU-17-
ENFORCEMENT DIVISION 015
Complainant , For: Violation of Subsections
3.5, 5.1, 6.1.1, and 6.2.1 of
Versus DAO No. 2, series of 2007 in
relation to Philippine
Abc , National Standard PNS
Respondent. 65:1993 pursuant to
Republic Act 4109.
……………………………………………………………………………

ANSWER
with Entry of Appearance and
Motion to file a third-party complaint or to bring a new party

With all due respect to the Honorable Office.

The undersigned counsel would like to enter the appearance of AAA

and ASSOCIATES LAW OFFICES for the respondent. The law office’s
address is at ___________________.

It is further prayed that all notices and other processes be sent at the
given address.
Respondent, through undersigned counsel, unto this Honorable
Office, by way of Answer, respectfully state that:

ADMISSIONS AND DENIALS

1) Respondent admits paragraph 1;

2) Respondent admits the allegations in paragraph 2 insofar as it

is engaged in wholesale and retail of various construction
materials, and it is not limited in the business of selling UPVC Pipe;

3) Respondent admits paragraph 3 as to the fact that this is a

formal charge;

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4) Respondent denies that it committed a violation but admits to
the extent that there was an inspection conducted on its
establishment at Bacuuit Sur, Bauang, La Union;

5) Respondent denies paragraph 5 for lack of knowledge and

information as to the truth thereof;

6) Respondent denies paragraph 6 thereof, the truth of the matter

is that it is only an authorized dealer of MOLDEX PRODUCTS INC.
and relied in good faith on the Scope of Certification and the
Philippine Standard Qualification Mark that was given to MOLDEX
with validity until 12 May 2018. A copy of said certification and
mark are hereto attached as Annexes 1 and series;

7) Respondent denies paragraph 7, the truth of the matter is that

it unaware that the UPVC Pipes did not bear PS/ICC Mark. As
explained in the letter, attached as Annex “2” of Nathaniel M.
Lapida, VP-Sales & Marketing of MOLDEX addressed to its
customers who has the same predicament as the respondent, “The
non-inclusion of the PS Quality License Number in these products
was made unintentionally out of our honest belief that the
markings used in our production are adequate given that no
adverse findings/non-conformance were found during the annual
DTI Region 3 physical audit of our product markings in our
manufacturing plant when samples of these products were
submitted to DTI-BPS thru a DTI – accredited third party testing
laboratory. As proof thereof, MPI’s manufacturing plant was issued
a product certification for continuous use signifying that it was
compliant with DTI laws and administrative orders. Thus, there
being no adverse findings, we relied in good faith that all of our
products are compliant and may be sold and distributed to the
market inclusive of your establishment.”

8) Respondent admits that it received a Notice of Violation, among

others;

9) Respondent admits that it sent a representative to personally

give the letter;

10) Respondent admits the existence of the laws mentioned from

paragraphs 10-12;

11) Respondent denies paragraph 13 being a conclusion of law;

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 BY way of Motion,

12) The respondent is not the manufacturer of the UPVC Pipes

bearing MOLDEX brand, it is MOLDEX PRODUCTS, Inc. which is
being sought to be impleaded as the Third-Party respondent for
subrogation, contribution, indemnity or any other relief, in
respect to this formal charge. It has plant address at Bo. Loma
De Gato, Marilao, Bulacan where it can be served with summons
and other processes of this Honorable Office;

13) The third-party respondent , being the manufacturer should be

the one that SHOULD be charged in connection with the
unmarked UPVC Pipes, being the manufacturer, and the
admission in the letter by XYZ, VP-Sales & Marketing of MOLDEX;
and

14) Thus, the respondent exhorts this Honorable Office to allow the
respondent to implead MOLDEX Products, Inc. as a third party
respondent or as a respondent in accordance with the Rules of
Court which can be applied in a suppletory manner.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that after

notice and hearing, judgment be rendered:

1. Dismissing the formal charge against the respondent;

2. Granting respondent’s motion to file a third-party complaint or to
bring MOLDEX Products, Inc. as the respondent;

Other reliefs just and equitable under the premises are likewise
prayed for.

OctobeR 18, 2017, in the City of San Fernando, La Union,

Philippines.

ABC By:
Counsel for the defendants AAA

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NOTICE/COPY FURNISH

DEPARTMENT OF TRADE AND INDUSTRY

DTI REGIONAL OFFICE – REGION I
4/F JUANITA COMMERCIAL BUILDING QUEZON AVENUE
SAN FERNANDO CITY, LA UNION

FAIR TRADE ENFORCEMENT BUREAU

ENFORCEMENT DIVISION

Please take notice that the undersigned counsel will submit the
foregoing motion for consideration of the Honorable Court without
further oral arguments.
Atty. AAA

EXPLANATION

The foregoing Answer was filed and served thru registered mail due
to distance between offices.

ATTY. AAA