Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

6th Judicial Region
BRANCH 5 Bacolod City
GLENN YEE,
P
laintiff,
- versus -

Civil Case No. 32597

For: Collection of Sum of
Money

NEFERTITI BAYONA, et. al.,

Defe
ndants.
x
-------------------------------------x

And Damages

MOTION FOR CORRECTION OF

TRANSCRIPT OF STENOGRAPHIC NOTES
FOR THE HEARING DATED APRIL 26, 2012
Plaintiff, by counsel, most respectfully states that:
1.

During the hearing of the above-captioned case on July 20,

2012, Plaintiff, through undersigned counsel, manifested to the

Honorable Court that the transcript of stenographic notes taken
during the hearing held last April 26, 2012 contains errors and
inaccuracies that need to be corrected. The Honorable Court then
directed Plaintiff in open court to submit the appropriate pleading
summarizing therein the proposed corrections.
2.

In compliance with the order of the Honorable Court, Plaintiff

respectfully requests that the following corrections be made on the

transcript of stenographic notes for the hearing held on April 26,
2012:
a.

Pars. 6 to 7, Page 15

A Jan Stanley Diaresco was in-charge of ordering shirts and the rest of the defendants will be
the one to sell the shirts to the students of the University of St. La Salle?.

Q-

So, the other defendants were the one selling to the students?

b.

Pars. 3 to 8, Page 16

AModerator and Governor at the same time the one making an orders for the students of
University of St. La Salle, College of Nursing and sold the shirts to the nursing students at a
profit. They also sold that to the other students of the University of St. La Salle.
QYou said based on the practice of the University of St. La Salle to have a fund raising like
selling the shirts for example around 200 custom designed shirts, was this delivered immediately
without supporting documents?
A-

They signed a contract, because they are making a profit out of it.

Q-

So, upon signing the contract it was immediately delivered?

A-

Yes, maam. After they have made an orders.

QWere you able to have the document the orders for custom-designed shirts made by
Defendants to be signed by them?

c.

Par. 5, Page 21

A-

50% down payment upon delivery and 50% C.O.D.

d.

Par. 3, Page 22

AJan Stanley Diaresco asks a favor to defer the down payment to January 2007 for reason that
it was midterm examinations of the students. He told me if it was okay that I would not first get the
down payment and promise to settle when classes resume on January 2007 and I agreed provided
they would comply of their promise to settle their obligation with me and they said okay. I
reminded them what they have signed was to give the down full payment upon delivery.

e.

Par. 3, Page 23

AI explained to them everything the policy of the company to give this 50% down payment
and 50% upon Delivery.

f.

Par. 6, Page 23

Q-

Clearly you explained to them about the 50% down payment and 50%

upon delivery?

g.

Pars. 5 to 9, page 27

AShe went again to my office and asked me that they want to order get 200 pieces of shirts
as directed by the board.
QWhat is the reference or connection of this delivery receipt 5009 to delivery receipt No.
5010?
AAfter Lyden Barcelitas ordered got 200 pieces of shirts as shown by delivery receipt no.
5009, she again came to the office to request that she will get an additional and ordered again
200 pieces, that was January 5, 2007, because according to her the shirts they are selling to the
students are ordered in advance and are considered sold to the students. Because the shirts are
pre-ordered, Lyden Barcelitas assured me that the purchase price for all the shirts ordered
will be paid in full upon delivery of the rest of the shirts. The 200 shirts received by Lyden
Barcleitas covered by delivery receipt no. 5010 is worth Php 46,000.00 the balance is
Php300,700 for her order.
Q-

Who signed this?

ALyden Barcelitas on condition to

the students.

h.

pay after they have sold the shirts

to

Par. 6, Page 28

ADelivery Receipt No. 5011 represents full delivery of all the shirts ordered by the defendants
in the total of 1,404 pieces amounting to P223,050.00 323,050. This was personally delivered to the
University of St. La Salle College of Nursing. I was the one who delivered these shirts to them. I
think this was signed by the authorized representative during that time by the treasurer I think. Im
not sure.

i.

Pars. 4 to 7, Page 30; Pars. 1 to 3, Page 31

ATTY. MICHELLE GONZAGA:

We request that the demand letter dated February 27, 2008 be marked Exhibit F for the Plaintiff.
COURT: (to Court Intepreter)
Mark it as requested. At this juncture, the Court Interpreter

marks the same.

ATTY. ROLAND RAVINA:

The statement of account part of a letter dated February 27, 2007?
ATTY. MICHELLE GONZAGA
Yes, the statement of account is attached to the demand letter.
ATTY. MICHELLE GONZAGA
We may request that the attached statement of acoount be marked Exhibit F-1 for the plaintiff.
3

COURT: (To the Court Interpreter)

Mark it as requested. At this juncture, the Court Interpreter marks the same.
ATTY. ROLAND RAVINA:
The letter is dated February 27, 2007. The question is misleading.
WITNESS:
A-

Yes, 2007.

ATTY. MICHELLE GONZAGA:

QYou said you sent the demand letter on February 27, 2007, but this letter is dated
February 27, 2008. Why is that?
A-

That is just a typographical error. What I meant was 2007.

RELIEF
WHEREFORE, in light of the foregoing premises, Plaintiff
respectfully prays that the afore-mentioned corrections be approved
by the Honorable Court.
Plaintiff prays for such other just and equitable reliefs
consistent with law and justice.
Most respectfully submitted.
Bacolod City, September 1, 2012.

MICHELLE VARCA GONZAGA

Counsel for the Plaintif
2nd Flr. St. Therese Bldg.
Cor. Rizal-Locsin Sts. Bacolod City
Tel. No. (034)4340049
Roll No. 49584
MCLE IV No. 0011199/ 2-5-2013
IBP No. 906130/1-9-2013/Bacolod City
PTR No. 5058282/1-9-2013/Bacolod City
Copy furnished:
4

ATTY. ROLAND G. RAVINA

Counsel for the Defendants
2/F MARC Bldg., YLAC St.
Villamonte, Bacolod City
NOTICE OF HEARING
The Clerk of Court
Municipal Trial Court
Branch 5, Bacolod City
Atty. Roland G. Ravina
(As counsel for the Defendants)
Bacolod City
Greetings:
Please take notice that the undersigned counsel will submit
the foregoing motion for the resolution of the Honorable Court on
Friday, September 7, 2012, at 2:00 p.m.
Bacolod City, September 1, 2012.

MICHELLE VARCA GONZAGA