Republic of the Philippines

Second Judicial Region

REGIONAL TRIAL COURT
Branch 10
Tuguegarao City

ARGUS SECURITY AND SPL. CIVIL CASE NO. 100

INVESTIGATION AGENCY,
Petitioner

-versus-

HEAD OF THE PROCURING ENTITY

(HOPE) DEPARTMENT OF AGRICULTURE-
REGIONAL FIELD OFFICE NO.2
Respondent.
x-----------------------------------------------------x

COMMENT
With
FORMAL ENTRY OF APPEARANCE

PETITIONER, thru the undersigned, unto this Honorable Court most

respectfully submits the foregoing, to wit:

In an Order by this Honorable Court dated October 23, 2019 it required

herein petitioner to file its COMMENT on the issues raised in the answer of
herein respondent, hence the same;

With the necessity to file the same within the reglamentary period,
petitioner sought the assistance of this office, thru the undersigned to prepare
and file said Comment. Henceforth, undersigned counsel, FORMALLY enters
his appearance as counsel for the Petitioner, in collaboration with counsel on
record Atty. Jason B Elizaga and most respectfully requests that all notices,
orders, summonses and processes of this Honorable Court relative the above-
case be sent to his Law Office at 2nd Floor, DIWA Building, College Avenue,
Tuguegarao City;

DISCUSSION

ISSUE ON THE LEGAL PERSONALITY of Mr. Reynaldo Birung to represent

the Petitioner:
 Respondent would want to impress upon this Honorable Court that it NOW
QUESTIONS and does not acknowledge the legal/lawful personality of herein
signatory to the Petition Mr. Reynaldo Birung alleging that he is not the lawful
representative of Petitioner. It is indispensible to mention that respondent in all
its dealing with petitioner prior to the filing of this instant Petition had
acknowledged the legal personality of Mr. Reynaldo Birung as the lawful
representative of petitioner ARGUS Security and Investigation Agency.
Respondent had been sending communications, provisions and had been in
continues transaction with Mr. Reynaldo Birung for all intents and purposes in
all its dealings and business transactions with the Petitioner. It is only when
this instant petition was elevated to this Honorable Court that respondent now
raises the issue of lack of legal personality?

Noteworthy even to mention, without discussion on the merits of the Protest

filed by herein Petitioner, is the fact that the same was duly signed by Mr.
Reynaldo Birung. Said Protest was received, acknowledged and was acted upon
without herein Respondent rising the issue as to the legal personality of Mr.
Birung.

To raise an issue for the first time in this latter part of the controversy and
to allow the respondent to change his position is to allow such to gain unfair
advantage by a subsequent inconsistent assertion;
Since 2016, Mr. Reynaldo Birung had been acting as the lawful and legal
representative of herein petitioner ARGUS Security and Investigation Agency.
With all due respect to the Honorable Court, petitioner attaches and formally
submits the Letter of Appointment issued in favor of Mr. Birung reflecting as
one of his Job Description is “to represent and file cases in favor of the agency”.

PRAYER
WHEREFORE, under the foregoing premises, petitioner, thru the
undersigned respectfully prays:

1. To enter the appearance of the undersigned as collaborating counsel

for the Petitioner;
2. Render judgment admitting the legal personality of Mr. Reynaldo
Birung and his capacity to represent Petitioner ARGUS Security and
Investigation Agency.
 Other just and equitable reliefs are likewise prayed for.

This 12th day of November, 2019 in Tuguegarao City, Cagayan,

Philippines

Respectfully submitted

Brillantes & Supnet Law Office

2nd Floor of Diwa Building, College Avenue
Tuguegarao City, Cagayan
Counsel for the Petitioner

By:

ATTY. NICHOLO RUDOLF AGUSTIN SUPNET

PTR No. 2474695/01-09-19/Tuguegarao City, Cagayan
IBP Roll No. 54755 Lifetime No. 011542/Tuguegarao City, Cagayan
MCLE Compliance No. V-0022840
Valid until April 14, 2022

NOTICE

THE CLERK OF COURT

Regional Trial Court
Second Judicial Region
Branch 10

Ma’am/ Sir:

Respectfully submitted is the foregoing COMMENT for immediate consideration and

approval of the Honorable Court.

Thank you.
ATTY. NICHOLO RUDOLF A. SUPNET

Copy furnished:

ATTY. ROBIN JAMES A. GUNNACAO

Counsel for the Respondent
2nd Flr. Room 2002 CAVADECO Building
San Gabriel, Tuguegarao City