REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 87, QUEZON CITY

SPS. LORETO B. CALUYA and MELY C.

CALUYA, herein represented by their duly
appointed attorney-in-fact, ATTY.
LEOVILLO C. AGUSTIN, (as ASSIGNEES
of D’ ALCO PRINTERS/ALLAN Q.
LAGMAN and/or DE ALCO PRINTER
SERVICES CORP. as ASSIGNORS),
Plaintiffs,

~ VERSUS ~ CIVIL CASE NO. Q-12-70779

SOUNDSCOPE LITERATURE, INC.,

NORMEE SON and/or MERCY GARCIA,
Defendants.
X---------------------------------------------------------- X

ANSWER
WITH COMPULSORY COUNTERCLAIM

DEFENDANTS, by undersigned counsel, to this Honorable Court,

in answer to the Complaint filed in this case, summons and copies of

which were erroneously served upon the defendants, respectfully alleges

that:

1. Defendants specifically deny the material allegations contained in

paragraphs I and I-A of the complaint regarding the personal

circumstances of the plaintiffs for lack of information sufficient to

form a belief as to the truth thereof.

2. Defendants admit the material allegations contained in paragraphs

II, III, and IV of the complaint.

 ~2~

3. Defendants specifically deny the material allegations contained in

paragraph V and VI of the complaint for lack of information

sufficient to form a belief as to the truth thereof.

4. Defendants admit the material allegations contained in paragraph

VII of the complaint.

5. Defendants specifically deny the material allegations contained in

paragraphs VIII, IX and X of the complaint, the truth being that

the defendants had always been up-to-date with the payment of

their obligations with the plaintiffs D’ Alco Printers/Allan Q.

Lagman and/or De Alco Printer Services Corporation including the

accounts adverted to in the complaint.

SPECIAL AFFIRMATIVE/NEGATIVE DEFENSES

6. Defendants replead, reproduce and adopt by way of reference all

the pertinent and material allegations in the preceding paragraphs.

7. The defendants have fully paid all their obligations with the

plaintiffs, including the accounts adverted to in the complaint.

8. This Honorable Court has not acquired jurisdiction over the

defendant for the reason that there was wrongful service of

summons. The summons and copy of the complaint was served

upon an employee of the defendant not authorized to receive the

complaint in violation of the Rules of Court.

 ~3~

COMPULSORY COUNTERCLAIM

9. As a result of the filing by the plaintiffs of this entirely baseless

and unfounded suit, the defendants were compelled to engage the

services of a lawyer, for which the plaintiffs should be held liable

for at least P100,000.00, as and by way of attorney’s fees, and to

pay the costs of suit.

WHEREFORE, premises considered, it is most respectfully prayed

that this Honorable Court declare the service of summons as invalid

and/or render judgment:

1. Dismissing the instant complaint for lack of merit; and

2. On the counterclaim, ordering the plaintiffs to pay the defendants

the sum of P100,000.00 as and by way of attorney’s fees, and to

pay the costs of suit.

Defendants pray for such other reliefs and remedies as may be

deemed just and equitable in the premises.

Quezon City, April 16, 2012.

ANTONIO T. DE VERA
Counsel for the Defendants
32 T. Alonzo Street, Project 4, Quezon City
PTR No. 0530785, 2/9/12 Makati City
IBP Lifetime Roll No. 02162 Q.C. Chapter
MCLE Compliance IV Certificate No. 0002914
Issued on February 10, 2011
Roll of Attorneys No. 25344
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VERIFICATION

We, MERCEDITA GARCIA and NORMITA GARCIA-SON (in her

personal capacity and as the authorized President of the defendant
Soundscope Literature, Inc.), both of legal age, Filipinos and with postal
address at 2/F Virata Hall, Emilio Jacinto Street, U.P. Diliman, Quezon
City, after having been sworn in accordance with law, hereby depose and
state that:

1. We are the defendants in the above-entitled case;

2. We caused the preparation and eventual filing of this Answer with

Compulsory Counterclaim with this Honorable Court; and

3. We have read and understood the contents hereof, and we hereby

affirm that the contents thereof are all true and correct of our own
personal knowledge and belief.

IN WITNESS WHEREOF, we have hereunto set our hands this 16 th day

of April 2012 in the Makati City.

MERCEDITA GARCIA NORMITA GARCIA-SON

Affiant Affiant

REPUBLIC OF THE PHILIPPINES)

MAKATI CITY ………………….……) S.S.

SUBSCRIBED AND SWORN to before me this ____ day of April

2012, in the City of Makati, affiants exhibiting to me their respective
Philippine Passports:

Name Passport No. Date & Place of Issue

Mercedita Garcia EB0522884 July 6, 2010/Manila

Normita Garcia-Son EB1770317 January 21, 2011/Manila

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2012.

COPY FURNISHED:

LEOVILLO C. AGUSTIN LAW OFFICE

Counsel for the Plaintiffs
Rms. 10-14, the Barristers Inn 2000
77 Esteban Abada cor. Fabian dela Rosa Sts.
Quezon City
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EXPLANATION

Due to the distance of the office of plaintiffs’ counsel from the

undersigned counsel’s office rendering personal service impractical,
service was made by registered mail upon the party, through counsel, as
indicated by the attached registry receipt.

ANTONIO T. DE VERA