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REPUBLICOFTHEPHILIPPINES

REGIONALTRIALCOURT
6thJUDICIALREGION
BRANCH39
ILOILOCITY
IN RE: PETITION FOR
INSOLVENCYUNDERSECTION
103 OF REPUBLIC ACT NO.
10142,
SPPROC.NO.1412284

SPS. VICTORINO S. SUCILLA


and ETHELWILDA TORRES
SUCILLA,doingbusinessunder
the Business Name HEAL
WELLPHARMA,
Petitioners.
xx

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

Copies of the checks with the corresponding check vouchers


datedJanuary7and16,areheretoattachedasAnnexes7to13,
andmadeintegralpartshereof.
8.
Uponfurthermisrepresentationtopayincasetheabove
checks, petitioner Victorino S. Cucilla requested that the above
itemized checks need not be deposited and later, the same
appearedtohavebeenunfunded.
9. Inasurprisingturnofevents,PetitionerVictorinoSucilla,
on December 2, 2014, sent an email to herein oppositor Errol D.
Ularte, informing the latter that he and his spouse have been
declared Insolvent by this Honorable Court. Then another email

message was sent by Petitioner Victorino to herein Claimant dated


December9,2014referringtoarecordofpayablesandreceivables
whichHEALWELLPHARMAhasinfavorofEDUPHARMA.
10. Asoftodate,HEALWELLPHARMAhasanoutstanding
obligation in favor of EDU PHARMA and herein Oppositor in the
amount of TWO HUNDRED SIXTY THOUSAND (P260,000.00)
PESOS exclusive of interest and penalties. A copy of the statement
ofaccountishereinattachedasAnnex14.
11. Despite the above, Oppositor ERRROL D. ULARTE is
hereby opposing the above petition not only based on the above
fraud and criminal charges he intends to file but more importantly,
whilenumerouspropertieswerementionedinthepetition,Oppositor
have reasonable ground to believe that not all properties of
petitioners have been indicated therein as there are those
deliberately not mentioned but is likely under the name of third
personsintrustforpetitionerandaremerelyintendedtodefraudthe
creditors.
12.
Considering that the above circumstances, herein
oppositor respectfully prays that his opposition be duly noted and
resolvedandreservesthefilingofcriminalcasesagainstpetitioners
orsuchotherappropriateactionnecessarytoprotectitsinterest.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed that an Order be issued by the Honorable Court dismissing
theabovepetition.Intheeventthesameisdenied,itisalternatively
prayedforthattheforegoingclaimofoppositorbedulynotedandto
directtheappointedliquidatortopayuntotheOppositorthesumof
TWO HUNDRED SIXTY THOUSAND (P260,000.00) PESOS, plus
legalinterestaswellasotherdamagesincurred.
Otherreliefsjustandequitableunderthepremisesarelikewise
prayedfor.

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