Professional Documents
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REGIONALTRIALCOURT
6thJUDICIALREGION
BRANCH39
ILOILOCITY
IN RE: PETITION FOR
INSOLVENCYUNDERSECTION
103 OF REPUBLIC ACT NO.
10142,
SPPROC.NO.1412284
VERIFIEDOPPOSITIONTOPETITION
OPPOSITOR,ERROLD.ULARTE,throughcounsel,untothis
HonorableCourtmostrespectfullystatesthat:
1.
OppositorErrolD.Ularteisoflegalage,married,Filipino,
with business and postal address at 35 Corner Batasan Road,
General Luna Street, Banaba, San Mateo, Rizal where he may be
servedwithprocessesoftheHonorableCourt.
2.
He is the proprietor of a business duly registered and
existing by virtue of Philippine Laws doing business under the
BusinessNameofEDUPHARMA,withprincipalofficeat35Corner
BatasanRoad,GeneralLunaStreet,Banaba,SanMateo,Rizal.
3.
EDU PHARMA is engaged in the trading of
pharmaceutical products, and one of its customers is HEAL WELL
PHARMA owned by Petitioners herein, Spouses Victorino and
EthewildaSucilla.
4.
While EDU PHARMA use to do business with HEAL
WELL PHARMA since 2006, Petitioner through fraud and
misrepresentation ordered from EDU PHARMA numerous items
which was later sent to Iloilo via courier service, AP Cargo Pouch,
together with the corresponding Delivery Receipts copies of which
are hereto attached as Annexes 1 to 6, and made integral parts
hereof.
5.
Petitioners through HEAL WELL PHARMA made it
appear then that it had the capacity to pay, among others, the
aforementioneditemswithina60daytermofpaymentfromdelivery
date. Simultaneously, petitioners issued a few postdated checks
payabletoEDUPHARMA.
6.
Despite delivery of to HEAL WELL PHARMA or its
assigns,thevariousmedicinescoveredbydifferentdeliveryreceipts,
petitioners were unable to fully pay their obligation and apparently
transacted and made use of the goods delivered for their own
personalbenefittothedamageofhereinoppositor.
7.
Out of the obligation of petitioner, the following post
dated checks in the partial sum of ONE HUNDRED TWENTYFIVE
THOUSAND(P125,000.00)PESOS,wereissuedasfollows:
BANK
CHECKNO.
BPI
BPI
BPI
BPI
BPI
61831
61832
61825
61826
61827
AMOUNT
P25,000.00
25,000.00
25,000.00
25,000.00
25,000.00
TOTAL
P125,000.00
PasigCityforIloIloCity,January26,2015.
JIMENEZLAWOFFICE
CounselforOppositor
Suite1902AEastTower,Philippine
StockExchangeCenter,Exchange
Road,OrtigasCenter,PasigCity
By:
DANIELITOD.JIMENEZ
MCLECOCNo.IV0091792/4.1.13
PTRNO.9859645/01.16.2014/Pasig
IBPLRNNO.03229/QC
ROLLNO.43303
NOTICEOFHEARINGANDCOPYFURNISHED
TheBranchClerkofCourt
RTC39
IloiloCity
TAGAMOLILABELLONESMARGARICO
CounselforPetitioners
Door1,PaulaApartments,JaymeStreet
Brgy.FaitmaJaro5000IloiloCity
Greetings:
In view of the extreme urgency of the foregoing motion please take
noticethattheundersignedcounselwillsubmittheforegoingmotion
fortheconsiderationandresolutionofTheHon.CourtonFebruary6,
2015at2PM.
DANIELITOD.JIMENEZ
VERIFICATION
I, ERROL D. ULARTE, of legal age, married, Filipino, with
business and postal address at 35 Corner Batasan Road, General
LunaStreet,Banaba,SanMateo,Rizal,afterbeingdulysworntoin
accordancewithlaw,herebydeposeandstatethat:
1.
IamaOppositorintheaboveentitledcase
2.
I have caused the preparation of the foregoing against
SpousesVictorinoandEthelwidaSucilla.
3.
I have read the contents thereof which are true and
correct of my own personal knowledge and based on documents at
hand.
INWITNESSWHEREOF,Ihavesignedmynamethis______
dayofJanuary2015,atMarikinaCity,MetroManila.
ERROLD.ULARTE
Affiant
REPUBLICOFTHEPHILIPPINES)
MARIKINACITY
)SS.
SUBSCRIBED AND SWORN to before me this ______day of
January 2015, by affiant with competent form of identity Drivers
License No _____________________ issued at _______________
on____________________.
Doc.No._____
PageNo._____
BookNo._____
Seriesof2015.
NOTARYPUBLIC