Professional Documents
Culture Documents
-versus-
FOR: COLLECTION OF
RUTCHILA Z. DELA PEŇA, SUM OF MONEY WITH
Defendant. DAMAGES
X------------------------------------/
ANSWER WITH
SPECIAL/AFFIRMATIVE DEFENSES
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Branch) by reducing or removing the past due accounts and
ultimately they could earn branch/individual performance
incentives;
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payment for the interest notwithstanding the interest due at
that time was only Php 25,890.00. To illustrate:
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SPECIAL/AFFIRMATIVE DEFENSES
xxx.
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voluntary arbitration: Provided, however, That
before any party can validly file a complaint with
the Authority for voluntary arbitration, it must
first secure a certification from its conciliation
and mediation committee and from its
conciliation and mediation committee and from the
cooperative union or federation to which it belongs
that despite all efforts to settle the issues, the
same have failed.”
14. Here, the plaintiff did not present any certification from its
conciliation and mediation committee that it exerted efforts
to settle the issue. This is because, no conciliation or
mediation actually occurred; nor any invitation for that
purpose is made.
15. With all due respect, the exclusive and original jurisdiction
over the subject matter belongs to the Cooperative
Development Authority, hence, under the same Section
stated above, R.A. 9520 provides.
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of procedure governing arbitration as the primary
and exclusive mode for dispute resolution in
accordance with the Alternative Dispute Resolution
Act of 2004.
17. Here, the case is filed before this Honorable Court wherein
neither of the plaintiffs nor defendant resides. Although,
venue of an action may be filed in other courts, other than
those falls within the jurisdiction the residences of the
parties may be stipulated, but it must be made in a clear
and unequivocal terms. Here, no clear and unequivocal
stipulation is made;
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20. Here, the summons is sent through LBC by the Office of
Clerk of Court of RTC Aurora, Zamboanga del Sur to the
Office of Clerk of Court of RTC Initao, Misamis Oriental. A
procedure not sanctioned by the Rules. It must be noted,
however, that this answer should not be construed as
voluntary appearance on the part of the defendant.
COUNTERCLAIM
By:
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Mobile No. 0915-7635-699
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VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING
3. That I have read the same and all allegations therein are
true to my personal knowledge and based on authentic
documents/records;
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