4.
SECRETARY'S CERTIFICATE
As corporate secretary of Philippine National Construction Corporation
(PNCC), I, ROSE CAYAO, hereby certify under oath that during its regular
meeting last 30 January 2018 at its Makati City office, there being a quorum, the
Corporation's Board of Directors passed the following resolution, which to date
remains effective without amendments:
"RESOLVED that Janil Siervo, President of the corporation be authorized
for and in behalf of the corporation to apply and negotiate loans from Banco De
Oro (BDO) (Makati City Branch) in such amounts and under such terms and
conditions as he may deem proper, expedient and beneficial to the corporation."
10 February 2018, Makati City.
(SGD). ROSE CAYAO
Corporate Secretary
SIGNED AND SWORN before me in Makati, this 19 February 2018 after I
identified affiant through his Driver's License N-25-17-013597 dated 12 December
2017.
(SGD.) PEDRO MENDOZA
Notary Public for Makati
517 Freedom Bldg, Recto, Makati
Commission Serial 09261
Until November 2019
Roll of Attorney 02995
PTR 30794; 1-12-18; Makati
IBP 30895; 1-12-18; Makati
Doc. No. ______
Page No.______
Book No. ______
Series of _______
3. Republic of the Philippines)
City of Manila...................) S.S
AFFIDAVIT
I, SEGUNDA NEBATO DENEUVE, of legal age, married, residing at
A.R. Delfin St. Finihomes, Marulas, Valenzuela City, state under oath that I, the
mother, giving my full consent to the joint departure abroad of my minor child
SHANEL NEBATO DENEUVE together with, ALICIO COTILLARD
DENEUVE, the father, to Marseille, France and will leave on 19 January 2017.
This affidavit was executed in compliance with the requirements of the
Department of Foreign affairs.
5 January 2018, City of Manila.
(SGD) SEGUNDA NEBATO DENEUVE
Affiant
SIGNED AND SWORN before me in Manila, this 19 February 2018 after I
identified affiant through his Driver's License N-25-17-013597 dated 13 December
2018.
(SGD.) PEDRO MENDOZA
Notary Public for Manila
517 Freedom Bldg, Recto, Manila
Commission Serial 09261
Until November 2019
Roll of Attorney 02995
PTR 30794; 1-12-18; Manila
IBP 30895; 1-12-18; Manila
Doc. No. ______
Page No.______
Book No. ______
Series of ______
1. Republic of the Philippines)
City of Manila..................) S.S
AFFIDAVIT
I, JOEL MASINAG, of legal age, married, residing at A.R. Delfin St.
Finihomes, Marulas, Valenzuela City, state under oath that:
1. I own a car described as follows:
Make: Montero Sport Motor: ELK18797A
Serial/Chassis:PRQ100818 File: 0956867P
Reg. Cert: 7986R Plate: NO7989
2. This car is registered in my name before the Land Transportation Office in 2016
for which I was issued a registration certificate.
3. On February 3, 2018, while I am on my way to Partas Bus Terminal in Aurora
Boulevard, Quezon City to send off a friend, a taxi with plate number ADA 1972
bumped the left front fender of my car as a result the vehicle sustained damage and
the taxi sped off when I alighted from the car without acknowledging his liability.
4. That I am executing this affidavit to attest to the truth of the foregoing and in
support of the claim against the insurer for the repair of the damage caused to my
vehicle.
19 February 2018, City of Manila.
(SGD.)JOEL MASINAG
Affiant
SIGNED AND SWORN before me in Manila, this 21 February 2018 by the
affiant which I personally know.
(SGD.) PEDRO MENDOZA
Notary Public for Manila
517 Freedom Bldg, Recto, Manila
Commission Serial 09261
Until November 2019
Roll of Attorney 02995
PTR 30794; 1-12-18; Manila
IBP 30895; 1-12-18; Manila
Doc. No. ______
Page No.______
Book No. ______
Series of _______
2. Republic of the Philippines)
City of Manila..................) S.S
AFFIDAVIT
I, BENIGNO TAN, of legal age, married, residing at A.R. Delfin St.
Finihomes, Marulas, Valenzuela City, state under oath that I am the assignee of
MATILDHE DUBOIS with respect to the 2,500 fully paid shares of stocks owned
by her in TARA JARMON PHILIPPINES, INC. (TJPI). That as an assignee I
assume full and complete liability for all contractual obligations against the
assignor. That in case of claim, damage, loss and expense arising from the
assignment of shares, I shall indemnify and hold the assignor harmless.
This affidavit was executed in compliance with the requirements of the
Corporation's Stock and Transfer Book.
15 February 2019,City of Manila.
(SGD) BENIGNO TAN
Affiant
SIGNED AND SWORN before me in Manila, this 21 February 2019 after I
identified affiant through his Driver's License N-25-17-013597 dated 13 December
2018.
(SGD.) PEDRO MENDOZA
Notary Public for Manila
517 Freedom Bldg, Recto, Makati
Commission Serial 09261
Until November 2019
Roll of Attorney 02995
PTR 30794; 1-12-18; Manila
IBP 30895; 1-12-18; Manila
Doc. No. ______
Page No.______
Book No. ______
Series of _______
Republic of The Philippines
REGIONAL TRIAL COURT
National Capital Region
Branch 10, Manila
BANNER DYNAMICS, INC. (BDI)
Plaintiff,
-versus- Civil Case No.9786
FOR: DAMAGES FOR
BREACH OF CONTRACT
RICARDO VELA
Defendant.
x- - - - - - - - - - - - - - - - - - - x
COMPLAINT
Plaintiff, by counsel, states:
The Parties
1. Banner Dynamics, Inc. (BDI), is a Philippine Corporation with principal office
address at 2/F One Executive Building, Tomas Morato Ave., Sct. Fuentebella,
Quezon City.
2. Ricardo Vela, on the other hand, is a Filipino, married and resides at A.R. Delfin
St. Finihomes, Marulas, Valenzuela City, where he may be served with summons
and other court processes.
Cause/s of Action
3. On December 18, 2016 the parties entered into a software development contract
where Ricardo shall design, develop, deliver and install within six months the
required software for the company. BDI paid the corresponding down payment for
the contract. A copy of which is hereto annexed as Annex A.
4. Meanwhile, Ricardo suddenly breached his undertaking for his failure to deliver
the software within the agreed period.
5. That he (Ricardo) is given 30-day extension.
6. Oral and Written demands to return the down payment fell on deaf ears. To date,
his unpaid obligation including the interests rises to Php754,650.00. A copy of the
last demand letter urging him to return the down payment is attached as Annex B.
7. Because of Ricardo's unjustified refusal to heed the just demands. The BDI
corporation was constrained to institute this suit, incur litigation expenses to be
proved during trial and retain the services of a lawyer for a fee of PhP40,000.00,
all of which he deserves to be reimbursed.
Relief
ACCORDINGLY, BDI asks that judgment be rendered ordering Ricardo
and all other persons acting on his behalf to:
1. Rescind the contract;
[Link] plaintiff the aggregate amount of PhP754,650.00 consisting of actual,
moral and exemplary damages and,
3. Pay him litigation expenses and attorney’s fees of PhP40,000.00.
Other reliefs just and equitable are also prayed for.
19 February 2018, City of Manila.
(SGD.) ROSEMARIE C. ARNAIZ
Counsel for Plaintiff
#347 Freedom Building
Claro M. Recto Avenue, Manila
Roll of Attorney 54372
MCLE Compliance Certificate II; 9-13-17
PTR 30794; 6-12-19; Manila
IBP 30895; 6-12-19; Manila
SIGNED AND SWORN before me in Manila, this 21 February 2019 after I
identified affiant through his Driver's License N-25-17-013597 dated 13 December
2018.
(SGD.) PEDRO MENDOZA
Notary Public for Manila
517 Freedom Bldg, Recto, Makati
Commission Serial 09261
Until November 2019
Roll of Attorney 02995
PTR 30794; 1-12-18; Manila
IBP 30895; 1-12-18; Manila
Doc. No. ______
Page No.______
Book No. ______
Series of _______
