complaint for damages.doc

8/17/2019 complaint for damages.doc

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REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONMAKATI BRANCH ___

GOLD ELECTRIC CORPORATION,Plaintiff,

- versus -

LEO MADRIGAL, ET AL., Defendants.

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

Civil Case No. ____ For: Damages

COMPLAINT

Plaintiff, by counsel and to this Honorable Court, respectfullystates that:

1. Plaintiff, !"D #"#C$%&C C!%P!%'$&!(, acorporation duly organi)ed, *alidly existing and in good standingunder the la+s of the Philippines. For purposes of this action, Plaintiff may be ser*ed +ith all orders, notices, and other processes of thisHonorable Court through the office address of the undersignedcounsel indicated belo+.

. Defendant "#! 'D%&'", of legal age, Filipino,married, and may be ser*ed +ith summons and other processes of this Honorable Court at her last no+n address at College of

#ngineering, elchor Hall, /ni*ersity of the Philippines Diliman,0ue)on City, Philippines.

. Defendant '/D#(C&! 2!H( C#(', of legal age,Filipino, single, and may be ser*ed +ith summons and other processes of this Honorable Court at his last no+n address at "ot31, Puro 14, 5rgy. $rinidad, 'urora, &sabela, Philippines.

6. Defendant 7&$'"&'(! !8!(, of legal age, Filipino,

married, and may be ser*ed +ith summons and other processes of this Honorable Court at his last no+n address at 96 7elasco ;t.,5rgy. ;an Felipe, 'urora, &sabela, Philippines.

(PC?@ by *irtue of its %ehabilitation,!peration, aintenance, and anagement =>%!?@ agreement thatthe Company entered into +ith (PC for the purpose of undertaing

the %! of the 4.A mega+att =B@ 7illa (ue)a Po+er PlantComplex in 7illa (ue)a, 'urora, &sabela.


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. &n an article =attached herein as 'nnex >'?@ +ritten byaye P. "im of 'urora (e+s +hich +as published last February 13,414, the Defendants publicly made the follo+ing false and maliciousaccusations against the Plaintiff:

$he Company recei*ed excess payments from (PCin the amount of PhP


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%easonable exemplary damages as may be+arranted under the circumstances.

PRA'ER

(HEREFORE, premises considered, it is most respectfullyprayed that the Honorable Court a+ard:

1. oral damages in the amount of ;& H/(D%#D $H&%$IF&7# &""&!( P#;!; =PhP


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+ERIFICATION AND CERTIFICATION OF NONFORUMSHOPPING

&, inda 7. 5arrion, of legal age, married, a resident of 6<5aer ;t., "a 7ista 7illage, 5rgy. ;an 2ose, 'urora, &sabela, after being s+orn in accordance +ith la+, do hereby depose and state that:

1. & am the ;enior 7ice President for Finance and 'dministration of old #lectric Corporation, the Plaintiff in theabo*e-entitled caseJ

. &n my capacity as such ;enior 7ice President for Financeand 'dministration, & ha*e caused the preparation of the abo*e

Complaint and & ha*e read the same and no+s the contentsthereofJ that the allegations contained therein are true andcorrect of my o+n personal no+ledge and the authenticrecords at handJ

. & ha*e not commenced any other action or proceedingin*ol*ing the same issues in the ;upreme Court, the Court of

'ppeals, or any other tribunal or agencyJ to the best of myno+ledge, no such action or proceeding is pending in the

;upreme Court, the Court of 'ppeals, or different Di*isionsthereof, or any other tribunal or agencyJ and that, if & shouldlearn that a similar action or proceeding has been filed or ispending before the ;upreme Court, the Court of 'ppeals, or different Di*isions thereof, or any other tribunal or agency, &undertae to promptly inform the Court +ithin fi*e =


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Doc. (o.MMMMMJ

Page (o.MMMMMJ5oo (o.MMMMJ;eries of 414.


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SECRETAR'-S CERTIFICATE

(!B '"" #( 5I $H#;# P%#;#($;:

&, Ra/a! J. Lo0&ia0, of legal age, Filipino, and resident of 'urora, &sabela, being the duly elected Corporate ;ecretary of GOLDELECTRIC CORPORATION =hereinafter, the >Corporation?@, acorporation duly organi)ed under Philippine la+s +ith principal officeat the 1Ath Floor, 8uellig 5uilding, aati '*enue corner Paseo de%oxas, aati City, subscribing under oath, hereby depose and statethat in the special meeting of the 5oard of Directors of the

Corporation held on 'pril , 44A, the follo+ing resolutions +ereadopted and appro*ed:

>%#;!"7#D, that old #lectric Corporation =the>Corporation?@ authori)e, as it hereby authori)es, a0 o0eof the follo+ing officers:

r. %aymart 2. "ondrian - Corporate ;ecretary

rs. inda 7. 5arrion - ;enior 7ice Presidentfor Finance and

'dministration

r. %ichard D. 5alino - ;enior 7ice Presidentfor !perations

s. 2oyce !. Capisle - anager for Human%esources

=i@ $o represent the Corporation in filing or institutingcomplaints, cases, actions, or proceedings =+hether ci*il, criminal, or administrati*e@ against its unionsandLor employees =+hether managerial,super*isory, or ran-and-file@ before the %egional

'rbitration 5ranch, the (ational "abor %elations

Commission, the Department of "abor and#mployment, the unicipal $rial Court, the %egional$rial Court, the Court of 'ppeals, and the ;upremeCourt, or any other go*ernment agency or agenciesfor that matter =the >'gencies?@J and

=ii@ $o represent the Corporation in any and all cases,complaints, actions, or proceedings =+hether ci*il,criminal, or administrati*e@ that may be filed by saidunions andLor employees before the 'genciesJ


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>%#;!"7#D, F/%$H#%, that the Corporationauthori)e, as it hereby authori)es, a0 o0e of the abo*e-named officers to cause the preparation, submission, andfiling of complaints, position papers, appeals, petitions,motions, and other pleading as may be reuired by the

'genciesJ

>%#;!"7#D, F/%$H#%, that pursuant to theforegoing purpose, the Corporation appoint, as it herebyappoints, the abo*e-named officers as the true and la+fulattorneys-in-fact of the Corporation, +ith po+er to sign,*erify, and execute any and all s+orn statements,pleadings, or documents filed by or on behalf of the

Corporation =including any *erification and certificateagainst forum-shopping@ and appear and act for, or other+ise represent the Corporation at all hearings andincidents in relation to such cases, petitions, actions, andproceedings, and hereby confirming and ratifying all thatsaid officers shall la+fully do or cause to be done under and by *irtue of these presentsJ

%#;!"7#D, F&('""I, that the Corporation

authori)e, as it hereby authori)es, a0 o0e of the abo*e-named officers to secure the attachment, inKunction, or surety bond or bonds as reuired for purposes of theforegoing petitions, cases, actions, and proceedings, andto sign, execute, mae, and deli*er for the Corporation allnecessary and appropriate documents, agreements, andother +ritings to achie*e such purpose.?

&( B&$(#;; BH#%#!F, this Certificate is issued this 1 th Dayof December 44G at aati City, Philippines.

RA'MART J. LONDRIAN Corporate ;ecretary

5efore me, a notary public in and for aati City, personallyappeared inda 7. 5arrion +ith Community $ax CertificateLPassport(o. 77AA6


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Doc. (o. MMMMMMMJPage (o. MMMMMMMJ5oo (o. MMMMMMMJ;eries of 44G.


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SECRETAR'-S CERTIFICATE

KNO( ALL MEN B' THESE PRESENTS1

&, Ra/a! J. Lo0&ia0, of legal age, Filipino, and resident of 'urora, &sabela, being the duly elected Corporate ;ecretary of GOLDELECTRIC CORPORATION =hereinafter, the >Corporation?@, acorporation duly organi)ed under Philippine la+s +ith principal officeat the 1Ath Floor, 8uellig 5uilding, aati '*enue corner Paseo de%oxas, aati City, subscribing under oath, hereby depose and statethat in the special meeting of the 5oard of Directors of the

Corporation held on 'pril 1%#;!"7#D, that old #lectric Corporation =the>Corporation?@ authori)e, as it hereby authori)es, its;enior 7ice President for Finance and 'dministration,%;. &(D' 7. 5'%%&!(, to file and maintain on behalf of the C!%P!%'$&!( any and all legal actions =criminal,ci*il, andLor administrati*e@ against %. '/D#(C&!

2!H( C#(', %. 7&$'"&'(! !8!(, '(D D%. "#!'D%&'" before nay office, court, or tribunalJ

%#;!"7#D, F/%$H#%, that pursuant to theforegoing purpose, %;. &(D' 7. 5'%%&!( beappointed, as she is hereby appointed, as the true andla+ful attorney-in-fact of the C!%P!%'$&!(, actingsingly and +ithout need of concurrence, +ith po+er tosign, *erify, and execute any and all s+orn statements,pleadings, or documents filed by or on behalf of theCorporation =including any *erification and certificateagainst forum-shopping@ and to appear and act for, or other+ise represent the C!%P!%'$&!( at all hearingsand incidents in relation to such proceedingLs, and herebyconfirming and ratifying all that said officer shall la+fullydo or cause to be done under and by *irtue of thesepresents.?

&( B&$(#;; BH#%#!F, this Certificate is issued this 1< th day

of 'pril 414 at aati City, Philippines.

RA'MART J. LONDRIAN Corporate ;ecretary


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5efore me, a notary public in and for aati City, personallyappeared inda 7. 5arrion +ith Community $ax CertificateLPassport(o. 77AA6

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