Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 12
Cebu City

LLMMO, Inc.,
Plaintiff,
Civil Case No. 03-082020
FOR: Breach of Contract,
Rescission, Damages and
Attorney’s Fees
-versus-

Big Entertainment Inc.,

Defendant.

X----------------------------------------X

REPLY WITH MOTION TO SET PRE-TRIAL

Plaintiff by counsel, most respectfully avers that on September

7,2020, he received the copy of the COMPLAINT WITH COUNTERCLAIM of
the defendant and by way of REPLY to new matters alleged therein, hereby
state that:

I.
1. Paragraph 3 of the answer is denied. The execution of the
contract of sale on March 5, 2020 novated the contract to sell,
made prior to March 5, 2020, between the plaintiff and
defendant.
2. Paragraph 4 of the answer is denied. Payment of Capital Gains
Tax is required to transfer ownership to the buyer.
3. Paragraph 5 of the answer is denied. The execution of the
contract of sale constitutes delivery of the property to the
Plaintiff.
4. Paragraph 6 of the answer is denied. By executing a deed of sale,
the defendant is aware that after payment of Capital Gains Tax
an Electronic Certificate of Registration is thereafter issued.
5. Paragraph 8.1 of the answer is denied. The cancellation of
Transfer Certificate of Title, to be clear, is due to the contract of
sale concerning the same property executed by the Defendant in
favor of Jose Antonio.
6. Paragraphs 9 of the answer is denied. The defendant knows Jose
Antonio when they executed a deed of sale concerning the same
property.

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 7. Paragraphs 11, 11.1, 11.2,12,12.1, 12.2 and Special
Affirmative defenses in Paragraph 13,13.1,13.2,14,15,16,17
and 18 are denied. The Plaintiff reiterates that the contract to
sell made prior to March 5, 2020 has been novated by the
execution of the contract of sale on March 5, 2020.

II.

8. The issues are joined. Plaintiff moves case be set for pre-trail.

PRAYER

WHEREFORE, it is respectfully prayed that the honorable court order that

the counterclaim of the defendant be dismissed and that the case be set
for pre-trial.

Cebu City, September 16, 2020

ATTY. ABU GADO

ABC Law Firm, Suite 456, 123 Street, Colon, Cebu City
PTR No. 1234567 1-23-2019 Cebu City
IBP No. 987654 1-23-2019 Cebu City
Roll No. 456789
MCLE Ex. No. 234-567890 1-13-2019
For 2nd compliance

Copy furnished:

RV LAW OFFICE
No. 13 First Street, M. Gov. Cuenco Ave.,
Banilad, Cebu City
Tel. No. (032) 520-3245

ATTY. NAIROBI DIMAGIBA

Roll No. 49976
IBP No. 1033723, November 14, 2019, (for 2020) Cebu Province
PTR No. 2254318, December 20, 2019, (for 2020) Cebu City
MCLE Compliance No. IV-0012397, November 14, 2019

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 CERTIFICATION OF UNDER OATH

I, Denver Cruz, of legal age, Filipino, single and a resident of Cebu

City, the current Chief Operating Officer of LLMMO after having been duly
sworn to in accordance with, do herein depose and state:

1. That I have been duly authorized by the Board of Directors to

execute this suit on behalf of the corporation thru counsel;

2. That I hereby certify and confirm that the contract to sell made prior
to March 5, 2020 has been novated by the execution of the contract
of sale on March 5, 2020;

3. That I have executed this affidavit to attest to the truthfulness and

veracity of all my foregoing to statement and for whatever legal
intents and legitimate purpose it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 16th day

of September at ABC Law Firm, Suite 456, 123 Street, Colon, Cebu City.

Denver Cruz
Affiant

SUBSCRIBED AND SWORN to before me this 16th day of September

at ABC Law Firm, Suite 456, 123 Street, Colon, Cebu City.

NOTARY PUBLIC

Doc. No. 1414

Page No. 121
Book No. 144
Series of 2020

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