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REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


REGIONAL TRIAL COURT
Cavite City
Brach 16

ADAMANTEM CONSULTING ENGINEERS


Represented by NEDELYN R. ESTRELLA
Plaintiff. CIVIL CASE NO.N-8909
For: Breach of Contract with
Damages

-versus-

JOANNA NISSI SALUD


Defendant.
x---------------------------------------------------------x

COMMENT
(THE EX-PARTE MOTION TO DISMISS COMPLAINT)

PLAINTIFF ADAMANTEM CONSULTING ENGINEERS, in the


above entitled case, by the undersigned counsel, and unto this Honorable
Court most respectfully provides that:

1. On November 23, 2018, the Plaintiff received an Order from the


Honorable Court to submit its Comment on the Ex Parte Motion to
Dismiss Complaint filed by the Respondent within ten (10) days from
receipt.

2. Please take note that on August 10, 2018, the previous counsel for the
Plaintiff has sent his Notice of Withdrawal unto the Honorable Court
and requested to be relieved of his duty as counsel for Plaintiff.

3. As a consequence, all notices, files and relative documents were not


immediately turned- over unto the Plaintiff’s possession. In addition,
the previous counsel failed to communicate to the Plaintiff regarding
it duty to file the Reply to the Defendant’s Answer with
Counterclaim hence, being a layman and not familiar with Court
process, the Plaintiff was not able to submit the same within the
prescribed period.

1
4. It bears stressing at this point, that the rule which states that the
mistakes of counsel bind the client may not be strictly followed
where observance of it would result in outright deprivation of the
client’s liberty or property, or where the interests of justice so require.
In rendering justice, procedural infirmities take a backseat against
substantive rights of litigants. 1

5. It is also worthy to note that the Plaintiff never slept on its right to
pursue and prosecute its case since it has actively looked for a
counsel to handle the said case however, due to limited connections
and financial constraints it took the Plaintiff several months to finally
engage a counsel.

6. Thus, in the interest of justice and equity, the undersigned manifests


its request to be allowed by the Honorable Court to submit its Entry
of Appearance and the Reply to the Respondent’s Answer with
Compulsary Counterclaim.

Makati City for Cavite City


November 25, 2018

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that this


COMMENT/OPPOSITION to the EX PARTE MOTION TO DISMISS
COMPLAINT be DULY NOTED; and to henceforth DENY the said EX PARTE
MOTION TO DISMISS by Defendant for utter lack of merit.

APSSat Law Office and Associates


Counsel for the Plaintiff
6/F Ricogen Building, Aguirre St.
Legaspi Village, Makati City

ATTY. MOSES ELEAZAR B. PUA


PTR No. 6680468; 1-09-2017; Marikina
IBP No. 1066820; 1-13-2017; Rizal
Roll No. 62637
MCLE Compliance No. V-0017012

ATTY. MARHEN JASON P. SIMBRE

1 Rutaquio v. Court of Appeals, G.R. No. 143786, October 17, 2008, 569 SCRA 312, 320 .

2
PTR No. 11559434J; 6/14/18; Las Pinas
IBP No. 039577; 5/7/18; PPLM
Roll No. 71238
MCLE Compliance No. VI-0010989

COPY FURNISHED

OFFICE OF THE CITY PROSECUTOR


Branch 16, Cavite City

ATTY. HERNAN D. DENELO


8178 Dr. Santos Ave. Paranaque City
Counsel for Defendant

EXPLANATION OF SERVICE

The Comment on the Ex- Parte Motion to Dismiss was served thru
registered mail due to lack of personnel to effect personal service.

ATTY. MARHEN JASON SIMBRE