Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 123
Quezon City
NORBERTO SOMERA,
Plaintiff,
- versus -

CIVIL CASE NO. 12345

For: Damages

DEF CORPORATION,
GH CONSTRUCTION COMPANY, and
IJ CONSTRUCTION CORP.,
Defendants.
GH CONSTRUCTION COMPANY,
Cross-Claimant,
- versus IJ CONSTRUCTION CORP.,
Cross-Defendant.
x---------------------------------------------x

ANSWER TO CROSS-CLAIM
COMES
NOW
Defendant
IJ
CONSTRUCTION
CORPORATION (IJCC), by the undersigned counsel and unto
this Honorable Court, respectfully states:
1. Cross-defendant IJCC partially admits the allegation

contained in paragraph 4 of the Cross-Claim by

Cross-claimant GH Construction Company (GH
Const.) that it is the sub-contractor of the 6 th to 10th
floor of the building owned by defendant DEF
CORPORATION (DEF Corp.), but denies the
remainder of the allegations stated therein, because
the true facts are those alleged in its affirmative
defenses.
2. Defendant IJCC also denies the allegations contained
in paragraph 5 for being misleading and for other
reasons set out in the affirmative defenses
hereinafter set forth.

AFFIRMATIVE DEFENSES
Cross-claim Has No Cause of Action
against Defendant IJCC
3. The instant Cross-claim does not contain enough
facts to state a cause of action against Defendant
IJCC.
4. On the face of its Cross-claim, aside from the fact
that Defendant GH Const. and herein Defendant were
the
general
contractor
and
sub-contractor,
respectively, of Defendant DEF Corp., no other
allegations were raised by Cross-claimant GH Const.
to show the liability, if any, of herein Defendant
against Plaintiff Norberto Somera (Somera) to to
answer for the expenses of the damages incurred as
a result of the accident other than the self-serving
allegations of Cross-claimant GH Const. It did not
alleged any participation of Defendant IJCC on how
the latter became liable to the herein plaintiff.
5. Based on the Contract entered into by herein Crossclaimant and Defendant IJCC, it shows that the scope
of work of the latter is limited only to the painting
and interior finishing of the abovementioned floors.
Article 5 of the said Contract states, thus
5. SCOPE OF WORK.
The Sub-contractor shall furnish all the materials
needed in the painting and the interior finishing
such and perform all the works shown on the
drawings and/or described in the specifications on
the attached Exhibit A, as it pertains to work to be
performed on property located at the 6th floor up to
the 10th floor of the building owned by DEF
Corporation.
The Sub-contract shall provide materials needed for
the performance of the above work xxx.

6. Further, the materials supplied by Defendant IJCC for

the performance of the work indicated in the
Contract where itemized and counter-checked by the
personnel of both Defendants DEF Corp and GH

Const., as evidenced by the their signatures

appearing therein, and from the commencement of
the Contract up to the time of the alleged incident,
there was no showing that a plywood was one of the
materials produced by Defendant IJCC in the painting
and interior finishing of the said floors.
Attached hereto are the Contract entered into by Defendant
GH Construction and the herein Defendant to show that the
scope of work of the latter is limited only to the painting and
interior finishing of the abovementioned floors of the
building owned by DEF Corporation previously marked Annex
1 and the Lists of Materials showing the items produced by
Defendant IJCC for the performance of the work as stated in
the Contract marked as Annex 3 and submarkings.
7. It is noteworthy to mention that at the time
Defendant IJCC was subcontracted by GH Const., and
commenced the work specified in the Contract, the
exterior of the said floors where already enclosed by
glass window, thus, it would be impossible for any
object to emerged from the abovementioned floors.
Hence, the Cross-claim, is therefore, has no basis
and cause of action against Defendant IJCC.

PRAYER
WHEREFORE, Defendant IJ Construction Corporation,
respectfully prays that judgment be rendered DISMISSING
the instant Cross-claim.
Other reliefs just and equitable are also prayed for.
Manila for Quezon City, 25 June 2015.

DE DIOS ESPIRITU SANTOS AND ASSOCIATES

Counsel for Defendant
IJ Construction Corporation
8th Floor R & M Building,
R. Magsaysay Blvd., Sta. Mesa,
Manila

By:
JEFFREY L. SANTOS
PTR No. xxxxx 02 January 2015
IBP No. xxxxx 02 January 2015
Roll No. xxxxx
MCLE Compliance No. xxxxx
30 April 2014
Tel. No. xxxxxx

Copy furnished:
ATTY. SHEILA C. YUTUC
Counsel for the plaintiff
KING CAPUCHINO TAN & ASSOCIATES
2nd Floor Belman II Building,
Quezon Avenue corner Cordillera Street
Quezon City
DEF CORPORATION
No. 78 San Miguel Avenue,
Pasig City
GH CONSTRUCTION COMPANY, INC.
No. 7 Evangelista Street
Pasay City

EXPLANATION
Copy of the foregoing Answer is served through
registered mail with return card to the above-named
addresses due to lack of messengerial personnel in the law
office.
This explanation is made pursuant to and in accordance
with Section 11, Rule 13 of the 1997 Rules of Civil Procedure.
JEFFREY L. SANTOS

VERIFICATION

I, ISMAEL JOSEF, of legal age, after being duly sworn

in accordance with the law hereby depose and say:
1. I am the President of IJ Construction Corporation,
one of the defendants in the above-entitled case.
Attached hereto is the Secretary's Certificate of the
Board Resolution authorizing me to verify, certify
and sign this document on behalf of said herein
defendant;
2. I have cause the preparation of the foregoing
Answer to Cross-claim with Counterclaim; and
3. I have read the same and the allegations contained
therein are true and correct of my personal
knowledge and based on the authentic records of
this case.
IN WITNESS WHEREOF, I have hereunto set my hand
this 25th day of June 2015 at the City of Manila.
ISMAEL JOSEF

SUBSCRIBED AND SWORN to before me this 25th day

of June 2015, affiant exhibiting to me his Social Security
System I.D. No. xxxxxxxx issued at Manila.
ATTY. BOGART BRUNO
NOTARY PUBLIC
Commision No. xxxxx
Valid until 31 December 2015
PTR No. xxxxx 02 January 2015
IBP No. xxxxx 02 January 2015
Roll No. xxxxx
MCLE Compliance No. xxxxx
21 September 2014
Room 300 Sparta Building,
Santol Street, Manila
Doc. No.: xx
Page No.: xx
Book No.: xx
Series of 2015.