Assignment in

Legal Forms

Submitted By:
BAUTISTA, SHERYL YU

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 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7th Judicial Region
Branch 13
Cebu City

X INCORPORATED,
Plaintiff

-versus- CIVIL CASE NO. 13

FOR: Specific Performance
with Damages
Y CORPORATION, Mercedez Bench,
Respondents.
x----------------------------------------------------/

ANSWER

Defendants, Y Corporation and its President, Mercedez Bench,

through the undersigned counsel, most respectfully file their Answer
in response to the Complaint of the Plaintiff against the latter to wit:

1. Respondents admit the averment in paragraph 7 of the

complaint that plaintiff X Corporation submitted a price
quotation of the aforesaid AS5350 CISCO Router in the amount
of SIX HUNDRED NINETY FOUR THOUSAND FIVE
HUNDRED FIFTY ONE ESOS AND 40/100 (P 694,551.40);

2. Paragraph 9 is denied insofar as the allegation that the contract

between X corporation and herein respondents became binding
by reason of the receipt of plaintiff corporation of the two
notices namely the conforme letter dated February 9, 2007 and
the Purchase Order dated February 8, 2007 as plaintiff was not
able to comply with the condition set forth by the respondent
that they shall provisionally deliver to respondent an alternative
router to maintain the operations of the company 5 days after
receipt of the letter until the delivery of the order. A copy of the

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 letter is hereto attached with emphasis on the condition
stipulated as annex “A”. Such that, with the failure of plaintiff to
fulfill the condition set forth by herein respondents, no contract
has ever been biding between Y corporation and herein
respondentss;

3. Respondents deny that plaintiff offered a gesture of goodwill

when they provided respondents a service unit of AS5350 for
our temporary use pending the delivery of the order since the
provision by plaintiff X corporation of an alternative router was
clearly established by herein respondents as stipulated as a
condition in the letter of intent to purchase the items in the
agreement. Plaintiff, instead, delivered to respondents a service
unit of AS5350 25 days after receipt of the letter, such that, it
caused herein respondents significant losses in the company.
Attached herewith is the copy of the delivery receipt of the
service unit of AS5350 dated March 3, 2007 as annex “B” ;

4. Paragraph 12 is denied insofar as the allegation that

Respondents cancelled the items without valid reason and due
notification. It was clear that the failure of the plaintiff to fulfill
the conditions stipulated did not cause the contract to be
binding between X corporation and herein respondents. As a
sign of continued interest with entering into an agreement with
X corporation, we have sent follow-up letters via LBC on
February 15, 2007 and February 20, 2007 respectively, to
demand from Plaintiff for the delivery of the provisional router
but plaintiff items but Plaintiff did not respond. The two letters
were received by Aba Ka, Plaintiff’s Corporate Secretary as
evidenced by the delivery receipt hereto attached as Annex “C”
and “C-1”.

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 5. Paragraphs 13 and 14 are admitted insofar as the receipt of
letter and Respondent’s refusal to tender payment, but Plaintiff
failed to indicate that the reason of cancellation and refusal to
tender payment is due to the fact that Plaintiff did not perform
the condition 5 days after receipt of the letter of intent to enter
into a contract. The letter was received again by Aba Ka on
March 16, 2017, a copy of the letter is attached in Annex “D”
and the certification from LBC in Annex “E”;

6. Paragraphs 15 and 16 is denied insofar as Respondents refuse

to communicate and utterly disregarded with bad faith the
obligation and breach of contract with Plaintiff as Respondents
consistently respond to their demand letters even stating
therein the respondent’s dismay of the act of plaintiff of ignoring
the respondent’s stipulated condition. A copy of the letters, in
response to their demand letters, are attached in Annex “F”
and “G”, and the certification from LBC that the letters were
received by Aba Ka in Annex “H”;

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

lawsuit calculated to divert this Honorable Court, not to mention
that Plaintiff does not have any cause of action because
Plaintiff is in truth and in fact never fulfilled the condition
stipulated in the contract, thus making it ineffective from the
beginning, further, no contract has been breached.

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that the Complaint be dismissed
outright with costs against the Plaintiff.
Such other relief as may be just and equitable in the premises
are likewise prayed for.
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 EXPLANATION
Copy of this Answer was sent to the opposing counsel through
registered mail as personal service is impracticable.
Cebu City, Philippines. April 5, 2007.

Bautista LAW FIRM

134 J Kit, Labangon, Cebu City
Telephone No. (032) 254-7654
sherylbautista75@yahoo.com

Atty. Sheryl Y Bautista

Roll of Attorney No. 66353
IBP Lifetime Member No. 6635 / Cebu City
PTR No. 98765 / 01-13-2018 / Cebu City
MCLE Compliance No. 45673

Copy Furnished:

Atty. Shalom Medina

Unit 15, Ground Floor, Kasas Building
13 V. Veloso St., Pasil, Cebu City

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 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7th Judicial Region
Branch 13
Cebu City

X INCORPORATED,
Plaintiff

-versus- CIVIL CASE NO. 5

FOR: Specific Performance
with Damages
Y CORPORATION, Mercedez Bench,
Respondentss.
x----------------------------------------------------/

ENTRY OF APPEARANCE

The Clerk of Court

Regional Trial Court
Branch 13, Cebu City

Kindly enter the appearance of the undersigned law office, unto

this Honorable Court most respectfully enters its appearance as
counsel for Respondents.
WHEREFORE, it is respectfully prayed that copies of all
Decision, Orders, Resolutions, processes issued by the Honorable
Court and pleadings filed by the parties be sent at undersigned
counsel’s address.
RESPECTFULLY SUBMITTED.
Cebu City, Philippines. April 5, 2007.

Bautista LAW FIRM

134 J Kit, Labangon, Cebu City
Telephone No. (032) 254-7654
sherylbautista75@yahoo.com

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 Atty. Sheryl Y Bautista
Roll of Attorney No. 66353
IBP Lifetime Member No. 6635 / Cebu City
PTR No. 98765 / 01-13-2018 / Cebu City
MCLE Compliance No. 45673