Answer To Complaint

REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT IN CITIES

Seventh Judicial Region
Cebu City, Branch 16
PENSHONE INC.,
Plaintiff,
CIVIL CASE No. XX-453236

- versus - FOR: Specific Performance
YOUNGCHOW CORPORATION,
Defendant.
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ANSWER
COMES NOW, the defendant, through the undersigned counsel and
unto this Honorable Court, most respectfully avers:
1. Defendant admits that the whole of paragraph 2 of the complaint
regarding the name, due incorporation, principal address and kind
of business engaged;
2. Defendant denies under oath the execution and authenticity of the
Purchase order, Annex “C” of the complaint, the truth being that the
same is a forgery. The defendant submits that it, through its
authorized representative executed a letter communicating the
Purchase Order, however, such letter expressly and explicitly
qualified the acceptance of the terms and conditions of payment and

the number of days before the goods may be delivered as stated in
the price quotation sent by the plaintiff;
3. Defendant has insufficient knowledge to determine the truth or falsity
of the allegations in paragraph 5, and, therefore, neither admits the
said allegations, and demands strict proof of them at trial.
4. Defendant partially admits the allegation in paragraph 6 of the
complaint, the truth being that Yungchow Corporation did not ask for
such assistance from the plaintiff and even expressed to the same
that such temporary installation of AS5350 Routers were
unnecessary since the current Routers are still working well.
However, albeit having knowledge of the sentiment of the company
the plaintiff still insisted to install the said routers.
5. Defendant admits the allegation in paragraph 7. However, by way of
affirmative defense avers that;
A. Cancellation of the order as stated in the letter sent to the
plaintiff was due to causes beyond the control of the
corporation, as the corporation is suffering from insolvency
and any disbursement of fund will cause its outright
bankruptcy.
B. The letter also expressly stated that there was yet no
perfected contract between the parties since the plaintiff did
not give any reply to the qualified acceptance made by
Yungchow Corporation.
6. Defendant admits the receipt of the letter dated April 7, 2018,
Yungchow Corporation cannot be compelled to receive such goods,
because even if we accept for the sake of argument that there was a
perfected contract between the parties, the goods only 1 week after
the 45th day from the plaintiffs receipt of the Purchase Order which
constitutes a breach of contract.
7. Defendant specifically denies the allegations in paragraph 10, the
truth of the matter is that the last communication received by the
Yungchow Corporation from the plaintiff was the letter dated April 7,
2018, informing the former of the arrival of the goods in the Philippines.
8. By way of counterclaim, defendant alleges:
That by virtue of this unwarranted and malicious act initiated by
the plaintiff, defendant was forced to engage counsel in the sum of
FIFTY THOUSAND PESOS (Php 50, 000.00)

PRAYER
WHEREFORE, it is respectfully prayed that the complaint be
dismissed and defendant be awarded the amount of ONE HUNDRED
THOUSAND PESOS (Php 100,000.00).
Further, the defendant prays fro such and other remedies as may be
deemed just and equitable in the premises.
ATTY. WILFRED P. ALFECHE

Counsel for Defendant
2nd floor, Insularlife Building, Lahug, Cebu
PTR No. 8985867, Cebu City, 1/2/18
IBP OR No. 688821, Cebu City, 1/2/18
Attorney’s Roll No. 11882
MCLE Compliance Certificate No. IV-0025415,
Cebu City, 1/2/18
VERIFICATION
I, Iven Michael G. Pinatubo, of legal age, single, Filipino and
residing at Homewise Building, Pelaez St., Cebu City, under oath,
depose:
1. That I am the President of the defendant-corporation in the above
entitled case and am authorized by the defendant corporation to
represent the corporation in matters relating to this dispute;
2. That I caused the preparation of the answer to the complaint filed by
the plaintiff-corporation; and
3. That the contents thereof are true and correct and are based on my
own direct/personal knowledge and on authentic records.
IVEN MICHAEL G. PINATUBO

Affiant/Yungchow Corporation President
SUBSCRIBED and SWORN TO before me this 17th day of March
2019 at Cebu City, Philippines, affiant exhibiting to me her SSS ID with
ID No. 1728932148 issued by the Social Security System, as
competent evidence of her identity, and she personally acknowledged
to me that the foregoing “Petition” is her free and voluntary act and
deed. Machine copy of this SSS ID is hereto attached.
ATTY. WILFRED P. ALFECHE

Notary Public
2nd floor, Insularlife Building, Lahug, Cebu
PTR No. 8985867, Cebu City, 1/2/19
IBP OR No. 688821, Cebu City, 1/2/19
Attorney’s Roll No. 11882
MCLE Compliance Certificate No. IV-0025415,
Cebu City, 1/2/19
Doc No. _____;
Page No. _____;
Book No. _____;
Series of 20______.

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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT IN CITIES

CIVIL CASE No. XX-453236

COMES NOW, the defendant, through the undersigned counsel and

unto this Honorable Court, most respectfully avers:

1. Defendant admits that the whole of paragraph 2 of the complaint

regarding the name, due incorporation, principal address and kind

2. Defendant denies under oath the execution and authenticity of the

same is a forgery. The defendant submits that it, through its

authorized representative executed a letter communicating the

Purchase Order, however, such letter expressly and explicitly

qualified the acceptance of the terms and conditions of payment and

the price quotation sent by the plaintiff;

3. Defendant has insufficient knowledge to determine the truth or falsity

of the allegations in paragraph 5, and, therefore, neither admits the

said allegations, and demands strict proof of them at trial.

4. Defendant partially admits the allegation in paragraph 6 of the

that such temporary installation of AS5350 Routers were

unnecessary since the current Routers are still working well.

However, albeit having knowledge of the sentiment of the company

the plaintiff still insisted to install the said routers.

5. Defendant admits the allegation in paragraph 7. However, by way of

affirmative defense avers that;

A. Cancellation of the order as stated in the letter sent to the

plaintiff was due to causes beyond the control of the

corporation, as the corporation is suffering from insolvency

and any disbursement of fund will cause its outright

B. The letter also expressly stated that there was yet no

perfected contract between the parties since the plaintiff did

not give any reply to the qualified acceptance made by

Yungchow Corporation cannot be compelled to receive such goods,

constitutes a breach of contract.

7. Defendant specifically denies the allegations in paragraph 10, the

truth of the matter is that the last communication received by the

8. By way of counterclaim, defendant alleges:

That by virtue of this unwarranted and malicious act initiated by

the plaintiff, defendant was forced to engage counsel in the sum of

FIFTY THOUSAND PESOS (Php 50, 000.00)

WHEREFORE, it is respectfully prayed that the complaint be

dismissed and defendant be awarded the amount of ONE HUNDRED

THOUSAND PESOS (Php 100,000.00).

deemed just and equitable in the premises.

ATTY. WILFRED P. ALFECHE

I, Iven Michael G. Pinatubo, of legal age, single, Filipino and

residing at Homewise Building, Pelaez St., Cebu City, under oath,

1. That I am the President of the defendant-corporation in the above

entitled case and am authorized by the defendant corporation to

represent the corporation in matters relating to this dispute;

2. That I caused the preparation of the answer to the complaint filed by

the plaintiff-corporation; and

own direct/personal knowledge and on authentic records.

IVEN MICHAEL G. PINATUBO

2019 at Cebu City, Philippines, affiant exhibiting to me her SSS ID with

ID No. 1728932148 issued by the Social Security System, as