Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 56
Mandaue City

Civil Case No. MAN-5062

PENSHONE INCORPORATED,
represented by its President, Mr.
Jerome Bansol,
Plaintiff
For: Specific Performance
and/or Sums of Money with
-versus- Damages

YUNGCHOW CORPORATION,
represented by its President, Mr.
Ramon de Leon,
Defendant
x--------------------------------------------x

A N S W E R W I T H C O U N T E R C LA I M
(In Re: Summon, Received on March 20, 2019)

Defendants, through the undersigned counsel, most respectfully file

their Answer in response to the Complaint of the Plaintiffs and interpose as
well as their counterclaim against the latter, to wit:

ADMI S SI O N S AND D E N IALS

1. Paragraphs 1 to 7 of the Complaint are admitted;

2. Paragraph 8 of the Complaint is denied for lack of knowledge or
information sufficient to form a reasonable belief as to the veracity or falsity
thereof, the allegation therein being matters known only to, and is within the
control only of the plaintiff;

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3. Paragraph 9 of the Complain is admitted;

4. Paragraph 10 of the Complaint is denied insofar as the allegations

where the Plaintiff informed the Defendant that the items were already to be
delivered and installed since the latter was never informed or has acquired of
such knowledge or information sufficient to form a reasonable belief thereof;

5. Paragraph 11 of the Complaint is denied for lack of knowledge or

information sufficient to form a reasonable belief as to the veracity or falsity
thereof, and that the Defendant did not personally received such demand
letter or having read its contents;

6. Paragraph 12 to 14 are denied for lack of knowledge or information

sufficient to form a reasonable belief as to the veracity or falsity thereof, the
allegations therein being matters known only to, and are within the control
only of the plaintiff;

AFFI R MAT I V E AN D S PE C IAL

DEFENSES

7. The Complaint filed by Plaintiff is nothing but malicious lawsuit

calculated to harass the Defendant, not to mention that this does not state a
cause of action, and is a clear resort to forum-shopping, thereby rendering it
dismissible outright;

NO BREACH OF CONTRACT

8. There is no breach of contract since nowhere in the Sales Agreement

(Annex “B” of the Complaint) that whenever a Buyer cancels the order, it is
liable for any amount due as stated in the Agreement;

9. There was a mistake in writing the Purchase Order (Annex “C” of the
Complaint) and such was not given to the Plaintiff. Therefore, Purchase
Order No. 5888 was nonexistent from the very beginning and that a new
Purchase Order which is hereto attached as ANNEX “1”, indicating the final
list of the goods;

10. The refusal of the Defendant to accept the order was grounded on the
fact that the board of directors of YUNGCHOW CORPORATION did not
come up hastily with a decision as to modify the terms and conditions stated
in the Sales Agreement (Annex “A” of the Complaint) as reflected in the
Secretary Certificate which is hereto attached as ANNEX “2”;

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11. Moreover, such refusal was founded on honest mistake in writing the
Purchase Order (Annex “1” of this Answer) and the delay of its delivery to
the Plaintiff;

NO LIABILITY FOR DAMAGES

12. Defendant is not liable for damages since there was no injury that has
caused damage to the reputation and business of the Plaintiff;

13. Since the Plaintiff’s cause of action is absent in the foregoing

circumstances due to its failure to establish the breach of contract by the
Defendant, the former’s claim for damages has no basis.

C O M P U L S O R Y C O U N T E R C LA I M

14. By reason of the abuse of right committed by the plaintiff and by

reason of the instant precipitate and unfounded suit, the defendant was
constrained to hire the services of a lawyer to defend his rights and interests
for a professional fee of P30,000.00 plus P5,000.00 per court appearance;

15. Similarly, the plaintiff’s unfounded suit has caused the defendant
mental anguish and suffering and public humiliation and embarrassment, for
which the defendant claims moral damages of P300,000.00.

PRAY E R

Wherefore, it is respectfully prayed for:

1. That the parties be given ample time to reach amicable settlement

before the Philippine Mediation Center – Mandaue City Office;

2. That in case of a failure thereof, and after trial, the complaint be

dismissed for lack of merit and the defendant’s compulsory
counterclaim be granted; and

3. That the defendant be granted such other relief consistent with law
and equity.

City of Mandaue, March 26, 2019.

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 PALOMARES AND MENDOZA LAW OFFICE
Counsel for the Defendant
th
8 Floor, Park Tower, Cebu Business
Park, Cebu City
Tel No. (Loc. 032) 888-8888
Email: lyerrapalomareslaw@gmail.com

By:
ATTY. JURIS RENIER C. MENDOZA
Roll No. 333888
IBP No. 88899333 (lifetime)/Cebu City
PTR No. 874888/01/08/19/Cebu City
MCLE Compliance No. VI – 0013491/
2.01.19

Copy furnished:
LYERRA PALUTKE
Counsel for the Plaintiff
8th Floor, Park Tower,
Cebu Business Park, Cebu City

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

Republic of the Philippines)

City of Mandaue )S.S.

I, Mr. Ramon de Leon, of legal age, with office address at TGU

Tower, IT Park, Cebu City, after having been duly sworn to in accordance
with law, do hereby depose and say:

1) That I am the President of the Defendant Corporation in the above-

entitled case and vested with the Secretary's Certificate, I have caused the
preparation of this complaint;

2) That I have read the contents and allegations thereof and

acknowledged that the same are true and correct of my knowledge, and
based upon actual and genuine documents;

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 3) That I hereby certify that I have not heretofore commenced any other
action or proceeding involving the same issue in the Supreme Court, the
Court of Appeals, or any tribunal or agency; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme Court,
any such action or proceeding which is either pending or may have been
terminated, I must state the status thereof; and proceeding had been filed or
is pending before the Supreme Court, the Court of Appeals, or any tribunal
or agency, I undertake to report the fact within five (5) days therefrom to the
Court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this 26th

day of March, 2019, at Mandaue City, Philippines.

MR. RAMON DE LEON

SUBSCRIBED AND SWORN TO before me this 26th day of March, 2019

in the City of Mandaue, Philippines.

ATTY. JURIS RENIER C. MENDOZA

8th Flr., Park Tower, Cebu Business Park,
Cebu City
Tel No. (032) 8888888
Email: lyerrapalomareslaw@gmail.com
Roll No. 333888
IBP No. 88899333 (lifetime)/Cebu City
PTR No. 874888/01/08/19/Cebu City
MCLE Compliance No. VI – 0013491/
2.01.19