Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region

Branch 2, Quezon City

BOGART XXX, Civil Case No. CV-2015-24

Plaintiff,
For: Collection of Sum of

-versus- Money with Damages

JOBERT CHAN,

Defendant.

x--------------------------------x

ANSWER

DEFENDANT JOBERT CHAN, by undersigned counsel, unto

this Honorable Court most respectfully states that:

1. Paragraphs one (1) and two (2) of the Complaint are admitted;

2. Paragraphs three (3) to five (5) of the Complaint are denied for lack

of knowledge or information sufficient to form a 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;

3. Paragraph six (6) of the Complaint is denied insofar as it alleges

that the defendant owes the plaintiff a sum of money and fails to

pay the same, the truth being those alleged in the special and

affirmative defenses part hereinbelow;

 SPECIAL AND AFFIRMATIVE DEFENSES

1. The Defendant and the Plaintiff are not business partners but only

has the relationship of a debtor and creditor.

2. The Defendant paid the Plaintiff the amount that the Plaintiff

contends to have been misappropriated and such amount was

never given to his wife.

3. The Plaintiff and his wife indeed, reduced the amount of the loan

but the defendant paid the loan through his wife, in full.

COMPULSARY COUNTERCLAIM

1. 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 Twenty-Thousand Pesos

(20,000.00) and Three Thousand Pesos (3,000.00) per court

appearance;

2. Similarly, the plaintiffs unfounded suit has caused the defendant

mental anguish, wounded feelings, sleepless nights, serious

anxieties, and other similar sufferings for which the defendant

claims moral damages of One Hundred Thousand Pesos

(100,000.00).

PRAYER
 WHEREFORE, PREMISES CONSIDERED, it is respectfully

prayed to this Honorable Court the dismissal of the complaint for

lack of merit with costs against the plaintiff; and that the

defendants compulsory counterclaim be granted, i.e., moral

damages of One Hundred Thousand Pesos (100,000.00), attorneys

fees of Twenty-Thousand Pesos (20,000.00), and Three Thousand

Pesos (3,000.00) per court appearance and costs of suit.

Other reliefs just and equitable under the premises are

likewise prayed for.

Quezon City, Metro Manila. January 20, 2011.

DE LEON & ASSOCIATES LAW OFFICE

Counsel for the Defendant

2/F GOZOS Building, F. Manalo St., Quezon City

By:

JOEY DE LEON

Roll of Attorney No. 45969

PTR No. 123456; 01-02-01 / Quezon City

IBP Life Member Roll No. 445789/07-08-01 / Quezon City

MCLE Compliance No. III-897656 / 12-10-01

 VERIFICATION and CERTIFICATION OF NON-FORUM

SHOPPING

I, JOBERT CHAN of legal age, Filipino, married, and a

resident of Blk. 3, Sta. Cruz St., United Homes Subdivision, Brgy.

2, Quezon City, after having been duly sworn to in accordance with

law, hereby depose and state that:

1. I am the defendant in the above-stated case;

2. I have caused the preparation and filing of the foregoing Answer

and have read the allegations therein, and that they are true and

correct of my personal knowledge and belief and based on

authentic documents;
3. I have not commenced any other action or proceeding involving the

same issues before the Supreme Court, Court of Appeals or any

other tribunal or agency and, to the best of my knowledge, there is

no such action or proceeding pending before any tribunal;

4. If I should learn that a similar action or proceeding has been filed

or is pending before the Supreme Court, Court of Appeals or any

other tribunal or agency, I undertake to report that fact within five

(5) days therefrom to this Honorable Court

 IN WITNESS WHEREOF, I have hereunto set my hand this

January 20, 2011 in Quezon City, Metro Manila

JOBERT CHAN

Affiant

SUBSCRIBED AND SWORN to before me this January 20,

2011 in Quezon City, affiant exhibiting to me her drivers license

with No. L03-654321 issued on May 2010, as competent proof of

her identity.

JOEY DE LEON

Notary Public

Valid Until December 31, 2011

Roll of Attorney No. 45969

PTR No. 123456; 01-02-01 / Quezon City

IBP Life Member Roll No. 445789/07-08-01 / Quezon City

MCLE Compliance No. III-897656 / 12-10-01

Doc. No.: 49

Page No.: 8

Book No.: II

Series of 2011
 Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region

Branch 2, Quezon City

BOGART XXX, Civil Case No. CV-2015-24

Plaintiff,
For: Collection of Sum of

-versus- Money with Damages

JOBERT CHAN,

Defendant.

x--------------------------------x

MOTION TO DISMISS

COMES NOW the Respondent, JOBERT CHAN, through the

undersigned counsel, appearing especially and solely for this

purpose, and to this Honorable Court, most respectfully moves for

the dismissal of the Complaint on the following ground that THE

HONORABLE COURT HAS NOT ACQUIRED JURISDICTION OVER

THE PERSON OF THE DEFENDING PARTY.

DISCUSSION

A cursory reading of the Summons and Return of Service would

readily show that the copies of the Summons dated 26 December

2010 and the Complaint and its corresponding annexes were

allegedly delivered and tendered upon the Movant JOBERT CHAN

through a certain Maria Clara alleged to be the authorized

personnel of Movant JOBERT CHAN, Quezon City on 29 December

2010. Copies of the said Summons and Return of Service that form

part of the records on the case are hereto pleaded as integral part

of this Motion;

Said service of Summons, however, constitutes an improper service

of summons amounting to lack of jurisdiction over the person of

the herein Movant JOBERT CHAN since the summons was

improperly served upon a person who is not one of those persons

named or enumerated in Section 11, Rule 14 of the 1997 Rules of

Civil Procedure upon whom service of summons shall be made;

It bears no further emphasis that the service of the summons was

done on a person who is not included in the exclusive enumeration

provided for under the said Section, as service was done only on an

alleged authorized personnel or substitute of Movant;

 PRAYER

WHEREFORE, it is respectfully prayed that the Complaint with

respect to JOBERT CHAN be dismissed for lack of jurisdiction over

the person of the defendant.

Other reliefs just and equitable are likewise prayed for.

Quezon City, Philippines, 20 January 2011

JOEY DE LEON

Notary Public

Valid Until December 31, 2011

Roll of Attorney No. 45969

PTR No. 123456; 01-02-01 / Quezon City

IBP Life Member Roll No. 445789/07-08-01 / Quezon City

MCLE Compliance No. III-897656 / 12-10-01

Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region

Branch 2, Quezon City

BOGART XXX, Civil Case No. CV-2015-24

Plaintiff,
For: Collection of Sum of

-versus- Money with Damages

JOBERT CHAN,

Defendant.

x--------------------------------x

COMPLAINANTS INTERROGATORIES

Complainant, through her counsel requests that the Defendant

respond to the following interrogatories. You are required to answer

these interrogatories separately and fully in writing, under oath.

You are required to respond to these interrogatories no later than

thirty (30) calendar days after receipt of these interrogatories, to the

undersigned at his residence.

INSTRUCTIONS

A. Each Interrogatory is to be answered fully on the basis of

information which is in your possession.

B. In each of your answers to these Interrogatories, you are

requested to provide not only such information as is in your

possession, but also information as is reasonably available. In the

event that you are able to provide only part of the information

called for by any particular Interrogatory, please provide all the

information you are able to provide and state the reason for your

inability to provide the remainder.

C. If you object to or otherwise decline to answer any portion of an

Interrogatory, please provide all information called for by that

portion of the Interrogatory to which you do not object or to which

you do not decline to answer. For those portions of an Interrogatory

to which you object or to which you do not decline to answer, state

the reason for such objection or declination.

NOTE

IF ANY INTERROGATORY OR REQUEST IS OBJECTIONABLE,

PLEASE CALL COUNSEL FOR THE COMPLAINANT BEFORE

OBJECTING, IN ORDER TO ATTEMPT TO NARROW THE

QUESTION OR AVOID THE OBJECTIONABLE PORTION OR

ASPECT.

IDENTIFY ALL DOCUMENTS ASSOCIATED WITH EACH

INTERROGATORY.

COMPLAINANTS INTERROGATORIES

1. Identify all persons answering or supplying information used in

answering these Interrogatories.

2. State the name, address, and business telephone number of

each person with personal knowledge regarding the facts and

circumstances surrounding the happenings of the occurrences

referred to in the complaint.

3. State and describe in detail all evidence including documents,

affidavits and/or statements not in the Report of Investigation upon

which you intend to rely, or submit at the hearing.

4. State the different businesses, business related transactions,

crecitors, and debtors of Mr. Chan.

 Respectfully Submitted,

22 January 2011

WILLIE REVILLAME

Attorney for Complainant

Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region

 Branch 2, Quezon City

BOGART XXX, Civil Case No. CV-2015-24

Plaintiff,
For: Collection of Sum of

-versus- Money with Damages

JOBERT CHAN,

Defendant.

x--------------------------------x

MOTION FOR PRODUCTION OF DOCUMENTS

PLAINTIFF, by counsel, moves for an order requiring

defendant Jobert Chan:

1. To produce and permit plaintiff to inspect and to copy each

of the following documents:

a. Acknowledgement receipt of paid debt dated 12 November

2010;
b. Loan Certificate issued by plaintiff dated 30 July 2010;
c. Business Registration of Joke Time Business filed on 23

June 2010.

2. To permit plaintiff to enter Blk. 3, Sta. Cruz St., United Homes

Subdivision, Brgy. 2, Quezon City and to inspect and photograph

office and documents room located at the second floor of the said

house

Defendant has the possession, custody or control of each of the

foregoing documents and objects and of the above-mentioned real

estate. Each of them constitutes or contains evidence relevant and

material to the matter involved in this action.

Quezon City, Philippines. February 13, 2011.

ATTY. WILLIE REVILLAME

Counsel for Plaintiff

 NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC - Branch 2

Quezon City

Greetings!

Please submit the foregoing Motion to the Court for its

consideration and approval immediately upon receipt hereof and

kindly include the same in the courts calendar for hearing on

Friday, 17 February 2011 at 8:30 in the morning

ATTY. BONGBONG SY

Copy furnished

ATTY. AB CD

Counsel for the Defendant

2233 Zamora Street, Quezon City

Please take notice that counsel has requested to be heard

on Friday, 17 February 2011 at 8:30 in the morning.

ATTY. BONGBONG SY
 Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region

Branch 2, Quezon City

BOGART XXX, Civil Case No. CV-2015-24

Plaintiff,
For: Collection of Sum of

-versus- Money with Damages

JOBERT CHAN,

Defendant.

x--------------------------------x

PRE-TRIAL BRIEF OF THE PETITIONER

 The Petitioner, represented by the undersigned counsels as

her attorneys-in-law, respectfully submits to this Honorable Court

this Pre-Trial Brief, to wit:

I.

POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF

DISPUTE RESOLUTION

The Petitioner is not willing to consider any amicable

settlement or undergo alternative modes of dispute resolution with

respect to the primary prayer of this petition. However, the

Petitioner is open to the possibility of amicable settlement in

relation to the foreclosure of mortgage of the Respondent.

II.

PROPOSED STIPULATION OF FACTS

The Petitioner proposes the following stipulation of facts:

1. That Plaintiff is of legal age, Filipino, married to Nancy A.

XXX and with residence at # 11 Bohol St., Barangay Horseshoe,

Quezon City;

2. That Defendant is likewise of legal age, Filipino, married

and with residence at # 15 Bohol St., Barangay Horseshoe, Quezon

City, where he could be served with summons and other processes

of the Court;
 3. That the above-named spouse of Plaintiff is the

erstwhile business partner of the defendant from year 2007 to

2009;

4. That in the course of their business, the plaintiffs

spouse made financial contributions through the request and

assurances of the defendant that such amount will be repaid. That

however, after several months and upon inquiry, plaintiffs spouse

found out that defendant misappropiated the financial investments

made for his own personal use. That despite demands, defendant

failed to remit to and/or settle with the plaintiffs spouse the

aggregate amount of Ninety Eight Thousand Seven Hundred Pesos

(P98,700.00);

5. That in recognition of defendants obligation in favor of

plaintiffs spouse, the former executed an Acknowledgement of Debt

in favor of the plaintiff on January 26, 2008, a photocopy of which

is attached hereto as Annex A;

6. That by reason of the kindness and generosity of

plaintiffs spouse, defendants obligation through the

Acknowledgement was reduced to the sum of Sixty Thousand Pesos

(P60,000.00), and transferred in favor of the plaintiff as formalized

n a duly-notarized Loan Agreement entered by and between the

plaintiff and the defendant on January 29 2008, a photocopy of

which is hereto attached as Annex B;

 7. That part of said Loan Agreement is the obligation of the

defendant-debtor to pay the plaintiff-creditor the amount of Two

Thousand Five Hundred Pesos (P2,500.00) in monthly installments

for thirty six (36) months, in the form of cash from February 2008

to March 2011, and in the form of post-dated checks from February

2008 onwards up to the full satisfaction of said loan, including

interest, set at two percent (2%) per month;

8. That after paying Two Thousand Five Hundred Pesos

(P2,500.00) in February 2008 and One Thousand Five Hundred

Pesos (P1,500.00) only in March 2008 the defendant-debtor has

started defaulting in the payment of his due accounts;

9. That plaintiff-creditor sent separate letters (dated April

7, 2008 and May 21, 2008) to the defendant-debtor containing a

demand for the payment of his outstanding payable, photocopies of

which are hereto attached as Annexes C and C-1;

10. That the continued refusal of defendant to settle his

account prompted the plaintiff-creditor to lodge a complaint with

the barangay officials of Barangay Horseshoe, Quezon City. A

Certificate to File Action, copy of which is hereto attached as Annex

D, was subsequently issued for failure of the parties to come to an

Agreement.
 11. That on June 1, 2008 a final demand letter was sent to

the defendant-debtor for the payment of his outstanding payable up

to July 2008, which however, was left unheeded, a photocopy of

which is hereto attached as Annex E;

12. That the demand letter was duly received by defendant

thru his wife Mrs. Veronica A. Chan on June 3, 2008, as shown by

a Certification dated June 25, 2008 issued by the Quezon City

Central Post Office, copy of which is hereto attached as Annex F;

13. That defendant-creditor has, as of this date, defaulted in

the payment of an aggregate amount of Twenty-six Thousand Pesos

(P26,000.00);

14. That notwithstanding plaintiff-creditors repeated oral

and written demands, defendant-debtor failed and refused and still

fails and refuses to heed to the formers just and valid demands,

leaving the plaintiff no other recourse but to litigate and file this

acton.

15. That by reason of defendants unjustified acts as well as

bad faith and intentional refusal to pay his overdue obligation,

Plaintiff is entitled to the award of moral damages in the amount of

P5,000.00;

16. That by reason of defendants violation and disregard of

Plaintiffs rights, the award of exemplary damages in the amount of

P5,000.00 is likewise warrant to serve as a deterrent to the

commission by the defendant and to others similarly-minded of

similar acts in the future.

III.

ISSUES TO BE TRIED AND RESOLVED

The Petitioner proposes the following issues to be tried and

resolved by this Honorable Court:

1. Whether or not the Respondent has misappropriated

the funds of their business partnership;

2. Whether or not the partnership exists or their

relationship is just of a debtor and creditor.

IV.

DOCUMENTS TO BE PRESENTED

The Petitioner will present the following documents

1. Acknowledgment Receipt of payment of debt.

2. Certificate of Employment of Defendant.
3. Business Partnership Papers of the parties.
4. Mortgage Contract between the parties.

V.

WITNESSES TO BE PRESENTED

The Petitioner will present the following witnesses:

1. Eunice Cruz-Santiago will testify as to truthfulness of

her allegations in the petition.

 2. Corazon Ayala-Santiago, mother of Respondent, will

testify the existence of business partnership.

3. Other witnesses as may be determined to be relevant to

the case during the course of trial.

VI.

AVAILABLE DATES FOR TRIAL

The Petitioner respectfully requests that the trial dates be

agreed upon in open court at such dates and time convenient to the

parties and the calendar of this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed

unto this Honorable Court that the foregoing Pre-Trial Brief be duly

noted.

Quezon City, 12 February 2011.

(SGD.) ATTY. MI MI
Counsel for Petitioner
Address: #11 Malaya St., People's Village, Quezon City
Contact Nos.: (054) 887-1476; 0917-449-3285
Roll No. 97871
PTR No. 024542; 1/10/09; Quezon City
IBP No. 007308; 12/20/09; Quezon Chapter

(SGD.) ATTY. MO MO
Counsel for Petitioner
Address: #23 Malaya St., People's Village, Makati City
Contact Nos.: (054) 887-1234; 0917-468-5475
Roll No. 97963
 PTR No. 0257442; 3/11/08; Makati City
IBP No. 478521; 2/2/09; Makati Chapter

(SGD.) ATTY. MU MU
Counsel for Petitioner
Address: #8 Malaya St., People's Village, Makati City
Contact Nos.: (054) 897-3256; 0918-147-6985
Roll No. 85213
PTR No. 0285242; 5/4/08; Makati City
IBP No. 478521; 5/2/09; Makati Chapter

Copy furnished:
DE LEON & ASSOCIATES
Counsel for Respondent
Address: 10/F Commerce Centre, Valero St., Quezon City
Contact Nos.: (081) 874-1478 to 90

EXPLANATION

Service of this petition is by registered mail instead of personal

service because of lack of messengerial aide to make personal
service.

(SGD.) ATTY. MI MI
Counsels for Petitioner

AFFIDAVIT OF SERVICE BY REGISTERED MAIL

I, Meme Ardales, of legal age and having been duly sworn

depose and say:

That I am the messenger of Attys. Revillame & Associates,

counsels for petitioner in the case entitled Cruz-Santiago v.
Santiago, Civil Case No. 168168, and as such messenger I served
upon the counsels of the adverse party, the petition filed in said
case:
 By depositing the copy in the post office in sealed envelope,
plainly addressed to the counsels at their office, with postage fully
prepaid, and with instruction to the postmaster to return the mail
to the sender after ten days if undelivered, this 12th day of
February 2011, as shown by Registry No. 12345 dated 12 February
2011 of the post office of Quezon City.

IN WITNESS WHEREOF, I have signed this affidavit this 12th

day of February 2011 at Quezon City.

(SGD.) MEME ARDALES

Affiant

SUBSCRIBED AND SWORN to before me on this 12th day of

February 2011 at Quezon City City, affiant exhibiting to me her
Driver's License No. 12345852515 which will expire on April 26,
2014.

(SGD.) MICHAEL ANGELO

Notary Public
Makati City

Doc. No. 4;
Page No. 7;
Book No. XV;
Series of 2011.
 Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region

Branch 2, Quezon City

BOGART XXX, Civil Case No. CV-2015-24

Plaintiff,
For: Collection of Sum of

-versus- Money with Damages

JOBERT CHAN,

Defendant.

x--------------------------------x
JUDICIAL AFFIDAVIT
OF

This Judicial Affidavit of Bogart XXX, the Petitioner, is executed to

serve as her direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A) All the allegations in the Petition including all annexes appended

thereto and which were already marked as exhibits during the Pre-
Trial of this case;

B) All other related matters, facts and circumstances relevant and

material to this case.
This Judicial Affidavit was taken at the office of Atty. Willie
Revillame at Unit 7827, RCB Tower, 108 Legaspi St., Xavier Village,
Quezon City.

Questions were propounded by Atty. Sarah Bareilles and these

questions are numbered consecutively and each question is
followed by the answer of the witness.

1. Do you swear to tell the truth and nothing but the truth?

I do.

2. Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?

I am.

3. Please state your name, age address and occupation?

I am Bogart XXX ,34 years old, married, and residing at # 15 Bohol
St., Barangay Horseshoe, Quezon City.

4. Are you the same Bogart XXX, the Petitioner in this case?
Yes.

5. Do you know the Respondent in this case, Jobert Chan?

Yes, he is my business partner.

Affiant further sayeth naught.

Bogart XXX
Affiant

SUBSCRIBED AND SWORN to before me this 13 February 2011 at

Quezon City, Affiant exhibiting to me her Passport bearing No.
SS12345678 issued on 8/9/10 and expiring on 8/8/17.
Doc No. 6;
Page No. 7 ;
Book No. XV;
Series of 2011.

ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I
asked and the corresponding answers that the witness gave and
that neither I nor any other person present or assisting me has
coached the witness regarding the latters statement.
ATTY. WILLIE REVILLAME

SUBSCRIBED AND SWORN to before me this 13th of February 2011

at Quezon City, Affiant exhibiting to me his drivers license bearing
No. N11-82-030573 expiring on 09/08/2013.

Doc No. 8;
Page No.9;
Book No. XV;
Series of 2011.

Copy Furnished:
Office of the City Public Prosecutor
Quezon City