REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI BRANCH ___
GOLD ELECTRIC CORPORATION,
Plaintiff,
Civil Case No. ____
For: Damages

- versus LEO MADRIGAL, ET AL.,

Defendants.
x-----------------------------------------------x

COMPLAINT
Plaintiff, by counsel and to this Honorable Court, respectfully
states that:
1.
Plaintiff,
GOLD
ELECTRIC
CORPORATION,
a
corporation duly organized, validly existing and in good standing
under the laws of the Philippines. For purposes of this action, Plaintiff
may be served with all orders, notices, and other processes of this
Honorable Court through the office address of the undersigned
counsel indicated below.
2.
Defendant LEO MADRIGAL, of legal age, Filipino,
married, and may be served with summons and other processes of
this Honorable Court at her last known address at College of
Engineering, Melchor Hall, University of the Philippines Diliman,
Quezon City, Philippines.
3.
Defendant GAUDENCIO JOHN CENA, of legal age,
Filipino, single, and may be served with summons and other
processes of this Honorable Court at his last known address at Lot
71, Purok 10, Brgy. Trinidad, Aurora, Isabela, Philippines.
4.
Defendant VITALIANO GOZON, of legal age, Filipino,
married, and may be served with summons and other processes of
this Honorable Court at his last known address at #462 Velasco St.,
Brgy. San Felipe, Aurora, Isabela, Philippines.
5.
Plaintiff is a power generation, transmission, and
distribution firm and, among others, it sells wholesale electricity to the
National Power Corporation (NPC) by virtue of its Rehabilitation,
Operation, Maintenance, and Management (ROMM) agreement that
the Company entered into with NPC for the purpose of undertaking
the ROMM of the 203.8 megawatt (MW) Villa Nueza Power Plant
Complex in Villa Nueza, Aurora, Isabela.

6.
In an article (attached herein as Annex A) written by
Kaye P. Lim of Aurora News which was published last February 17,
2010, the Defendants publicly made the following false and malicious
accusations against the Plaintiff:
The Company received excess payments from NPC
in the amount of PhP 635,000,000.00 that it should
refund to the consumers. NPC paid the Company
salaries for 345 employees for the past 12 years.
However, there are only 181 employees in the
Company. The difference of 164 employees
multiplied by an average monthly salary of PhP
27,000 yields an amount of PhP 4,428,000.00 a
month or PhP 635,000,000.00 for the 12 years.
7.
The foregoing allegations against the Plaintiff are false.
Moreover, the publicized accusations are deliberate malicious
imputations of crimes or unlawful acts that have caused or tended to
cause the dishonor, discredit or contempt of the Plaintiff, which had
painstakingly established and nurtured its business reputation and
good will for the several years it has been in operation.
8.
Specifically, the accusation regarding the Plaintiffs
alleged Six Hundred Thirty Five Million Pesos (PhP 635,000,000.00)
profit as a result of excess payment that it received from NPC
undeniably implies and, consequently, impresses upon third
persons that the Plaintiff has duped the government, i.e., NPC, into
parting with such huge amount by misrepresenting to the latter the
number of hired employees as being 345, and not the actual number
of 181 employees.
9.
Unquestionably, the Defendants have committed
Defamation and the Plaintiff has suffered and should be awarded
damages, pursuant to Article 33 of the Civil Code, to wit:
Article 33. In cases of defamation, fraud, and
physical injuries a civil action for damages,
entirely separate and distinct from the criminal
action, may be brought by the injured party. Such
civil action shall proceed independently of the
criminal prosecution, and shall require only a
preponderance of evidence. (emphasis supplied)
10. Because of the said damage caused to the Plaintiff, the
Defendants should be held liable, as follows:
Moral damages for the Plaintiffs besmirched
reputation and loss of goodwill in the amount of not
less than Six Hundred Thirty Five Million Pesos
(PHP 635,000,000.00) and

Reasonable exemplary damages

warranted under the circumstances.

as may be

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed that the Honorable Court award:
1.
Moral damages in the amount of SIX HUNDRED THIRTY
FIVE MILLION PESOS (PhP 635,000,000.00);
2.

Reasonable exemplary damages;

3.
Attorneys fees in the amount of THREE HUNDRED
THOUSAND PESOS (PhP 300,000.00);
4.
Costs of suit in the amount of TWO HUNDRED
THOUSAND PESOS (PhP 200,000.00).
OTHER RELIEFS, just and equitable under the premises, are
likewise prayed for.
Makati City. April 24, 2010
L.S.L. OFFICE OF LEGAL AID
Counsel for the Plaintiff
Loyola Law School,
Katipunan Avenue,
Quezon City
by:

MARIA SHEILA M. BAZAR

Supervising Lawyer
Roll of Attorneys No. 46407
MCLE No. III-0017506 / Pasig City
IBP No. 924901/15-Jan-13/ Quezon City
PTR No. A-1732446 / 15-Jan-13 /
Taguig City

MARIA OFELIA S. LEAO

Law Intern

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
I, Minda V. Barrion, of legal age, married, a resident of 345
Baker St., La Vista Village, Brgy. San Jose, Aurora, Isabela, after
being sworn in accordance with law, do hereby depose and state that:
1. I am the Senior Vice President for Finance and
Administration of Gold Electric Corporation, the Plaintiff in the
above-entitled case;
2. In my capacity as such Senior Vice President for Finance
and Administration, I have caused the preparation of the above
Complaint and I have read the same and knows the contents
thereof; that the allegations contained therein are true and
correct of my own personal knowledge and the authentic
records at hand;
3. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; to the best of my
knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency; and that, if I should
learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any other tribunal or agency, I
undertake to promptly inform the Court within five (5) days
therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this 24th
day of April 2010 at Makati City, Philippines.
MINDA V. BARRION
Affiant
SUBSCRIBED AND SWORN TO before me, this 24th day of
April 2010, affiant exhibiting to me his drivers license no. E-08-07000854, issued on September 25, 2008 at Quezon City.

Doc. No._____;
Page No._____;
Book No.____;
Series of 2010.

SECRETARYS CERTIFICATE

KNOW ALL MEN BY THESE PRESENTS:

I, Raymart J. Londrian, of legal age, Filipino, and resident of
Aurora, Isabela, being the duly elected Corporate Secretary of GOLD
ELECTRIC CORPORATION (hereinafter, the Corporation), a
corporation duly organized under Philippine laws with principal office
at the 18th Floor, Zuellig Building, Makati Avenue corner Paseo de
Roxas, Makati City, subscribing under oath, hereby depose and state
that in the special meeting of the Board of Directors of the
Corporation held on April 2, 2008, the following resolutions were
adopted and approved:
RESOLVED, that Gold Electric Corporation (the
Corporation) authorize, as it hereby authorizes, any one
of the following officers:
Mr. Raymart J. Londrian

- Corporate Secretary

Mrs. Minda V. Barrion

- Senior Vice President

for Finance and
Administration

Mr. Richard D. Balino

- Senior Vice President

for Operations

Ms. Joyce O. Capisle

- Manager for Human

Resources

(i)

To represent the Corporation in filing or instituting

complaints, cases, actions, or proceedings (whether
civil, criminal, or administrative) against its unions
and/or
employees
(whether
managerial,
supervisory, or rank-and-file) before the Regional
Arbitration Branch, the National Labor Relations
Commission, the Department of Labor and
Employment, the Municipal Trial Court, the Regional
Trial Court, the Court of Appeals, and the Supreme
Court, or any other government agency or agencies
for that matter (the Agencies); and

(ii)

To represent the Corporation in any and all cases,

complaints, actions, or proceedings (whether civil,
criminal, or administrative) that may be filed by said
unions and/or employees before the Agencies;

RESOLVED, FURTHER, that the Corporation

authorize, as it hereby authorizes, any one of the abovenamed officers to cause the preparation, submission, and
filing of complaints, position papers, appeals, petitions,
motions, and other pleading as may be required by the
Agencies;
RESOLVED, FURTHER, that pursuant to the
foregoing purpose, the Corporation appoint, as it hereby
appoints, the above-named officers as the true and lawful
attorneys-in-fact of the Corporation, with power to sign,
verify, and execute any and all sworn statements,
pleadings, or documents filed by or on behalf of the
Corporation (including any verification and certificate
against forum-shopping) and appear and act for, or
otherwise represent the Corporation at all hearings and
incidents in relation to such cases, petitions, actions, and
proceedings, and hereby confirming and ratifying all that
said officers shall lawfully do or cause to be done under
and by virtue of these presents;
RESOLVED, FINALLY, that the Corporation
authorize, as it hereby authorizes, any one of the abovenamed officers to secure the attachment, injunction, or
surety bond or bonds as required for purposes of the
foregoing petitions, cases, actions, and proceedings, and
to sign, execute, make, and deliver for the Corporation all
necessary and appropriate documents, agreements, and
other writings to achieve such purpose.
IN WITNESS WHEREOF, this Certificate is issued this 16 th Day
of December 2009 at Makati City, Philippines.

RAYMART J. LONDRIAN
Corporate Secretary
Before me, a notary public in and for Makati City, personally
appeared Minda V. Barrion with Community Tax Certificate/Passport
No. VV2884566 issued on 28 April 2004 at Manila, who is personally
known to me to be the same person who presented the foregoing
instrument and signed the instrument in my presence, and who took
an oath before me as to such instrument.
Witness my hand and seal this 16th day of December 2009.

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2009.

SECRETARYS CERTIFICATE

KNOW ALL MEN BY THESE PRESENTS:

I, Raymart J. Londrian, of legal age, Filipino, and resident of
Aurora, Isabela, being the duly elected Corporate Secretary of GOLD
ELECTRIC CORPORATION (hereinafter, the Corporation), a
corporation duly organized under Philippine laws with principal office
at the 18th Floor, Zuellig Building, Makati Avenue corner Paseo de
Roxas, Makati City, subscribing under oath, hereby depose and state
that in the special meeting of the Board of Directors of the
Corporation held on April 15, 2008, the following resolutions were
adopted and approved:
RESOLVED, that Gold Electric Corporation (the
Corporation) authorize, as it hereby authorizes, its
Senior Vice President for Finance and Administration,
MRS. MINDA V. BARRION, to file and maintain on behalf
of the CORPORATION any and all legal actions (criminal,
civil, and/or administrative) against MR. GAUDENCIO
JOHN CENA, MR. VITALIANO GOZON, AND DR. LEO
MADRIGAL before nay office, court, or tribunal;
RESOLVED, FURTHER, that pursuant to the
foregoing purpose, MRS. MINDA V. BARRION be
appointed, as she is hereby appointed, as the true and
lawful attorney-in-fact of the CORPORATION, acting
singly and without need of concurrence, with power to
sign, verify, and execute any and all sworn statements,
pleadings, or documents filed by or on behalf of the
Corporation (including any verification and certificate
against forum-shopping) and to appear and act for, or
otherwise represent the CORPORATION at all hearings
and incidents in relation to such proceeding/s, and hereby
confirming and ratifying all that said officer shall lawfully
do or cause to be done under and by virtue of these
presents.
IN WITNESS WHEREOF, this Certificate is issued this 15 th day
of April 2010 at Makati City, Philippines.

RAYMART J. LONDRIAN
Corporate Secretary

Before me, a notary public in and for Makati City, personally

appeared Minda V. Barrion with Community Tax Certificate/Passport
No. VV2884566 issued on 28 April 2007 at Manila, who is personally
known to me to be the same person who presented the foregoing
instrument and signed the instrument in my presence, and who took
an oath before me as to such instrument.

Witness my hand and seal this 15th day of April, 2010.

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2010.