REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI BRANCH ___
GOLD ELECTRIC CORPORATION,
Plaintiff,

- versus -
LEO MADRIGAL, ET AL.,
Defendants.
x-----------------------------------------------x
Civil Case No. ____
For: Damages
COMPLAINT
Plaintiff, by counsel and to this Honorable Court, respectfully
states that:
1. Plaintiff, !"D #"#C$%&C C!%P!%'$&!(, a
corporation duly organi)ed, *alidly existing and in good standing
under the la+s of the Philippines. For purposes of this action, Plaintiff
may be ser*ed +ith all orders, notices, and other processes of this
Honorable Court through the office address of the undersigned
counsel indicated belo+.
,. Defendant "#! -'D%&'", of legal age, Filipino,
married, and may be ser*ed +ith summons and other processes of
this Honorable Court at her last .no+n address at College of
#ngineering, -elchor Hall, /ni*ersity of the Philippines Diliman,
0ue)on City, Philippines.
1. Defendant '/D#(C&! 2!H( C#(', of legal age,
Filipino, single, and may be ser*ed +ith summons and other
processes of this Honorable Court at his last .no+n address at "ot
31, Puro. 14, 5rgy. $rinidad, 'urora, &sabela, Philippines.
6. Defendant 7&$'"&'(! !8!(, of legal age, Filipino,
married, and may be ser*ed +ith summons and other processes of
this Honorable Court at his last .no+n address at 96:, 7elasco ;t.,
5rgy. ;an Felipe, 'urora, &sabela, Philippines.
<. Plaintiff is a po+er generation, transmission, and
distribution firm and, among others, it sells +holesale electricity to the
(ational Po+er Corporation =>(PC?@ by *irtue of its %ehabilitation,
!peration, -aintenance, and -anagement =>%!--?@ agreement that
the Company entered into +ith (PC for the purpose of underta.ing
the %!-- of the ,41.A mega+att =-B@ 7illa (ue)a Po+er Plant
Complex in 7illa (ue)a, 'urora, &sabela.
:. &n an article =attached herein as 'nnex >'?@ +ritten by
Caye P. "im of 'urora (e+s +hich +as published last February 13,
,414, the Defendants publicly made the follo+ing false and malicious
accusations against the Plaintiff:
$he Company recei*ed excess payments from (PC
in the amount of PhP :1<,444,444.44 that it should
refund to the consumers. (PC paid the Company
salaries for 16< employees for the past 1, years.
Ho+e*er, there are only 1A1 employees in the
Company. $he difference of 1:6 employees
multiplied by an a*erage monthly salary of PhP
,3,444 yields an amount of PhP 6,6,A,444.44 a
month or PhP :1<,444,444.44 for the 1, years.
3. $he foregoing allegations against the Plaintiff are false.
-oreo*er, the publici)ed accusations are deliberate malicious
imputations of crimes or unla+ful acts that ha*e caused or tended to
cause the dishonor, discredit or contempt of the Plaintiff, +hich had
painsta.ingly established and nurtured its business reputation and
good +ill for the se*eral years it has been in operation.
A. ;pecifically, the accusation regarding the PlaintiffDs
alleged ;ix Hundred $hirty Fi*e -illion Pesos =PhP :1<,444,444.44@
profit as a result of excess payment that it recei*ed from (PC
undeniably implies E and, conseFuently, impresses upon third
persons E that the Plaintiff has duped the go*ernment, i.e., (PC, into
parting +ith such huge amount by misrepresenting to the latter the
number of hired employees as being 16<, and not the actual number
of 1A1 employees.
G. /nFuestionably, the Defendants ha*e committed
Defamation and the Plaintiff has suffered and should be a+arded
damages, pursuant to A!i"le ## o$ !%e Civil Co&e, to +it:
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
14. 5ecause of the said damage caused to the Plaintiff, the
Defendants should be held liable, as follo+s:
-oral damages for the PlaintiffDs besmirched
reputation and loss of good+ill in the amount of not
less than ;ix Hundred $hirty Fi*e -illion Pesos
=PHP :1<,444,444.44@ and
%easonable exemplary damages as may be
+arranted under the circumstances.
PRA'ER

(HEREFORE, premises considered, it is most respectfully
prayed that the Honorable Court a+ard:
1. -oral damages in the amount of ;&H H/(D%#D $H&%$I
F&7# -&""&!( P#;!; =PhP :1<,444,444.44@J
,. %easonable exemplary damagesJ
1. 'ttorneyDs fees in the amount of $H%## H/(D%#D
$H!/;'(D P#;!; =PhP 144,444.44@J
6. Costs of suit in the amount of $B! H/(D%#D
$H!/;'(D P#;!; =PhP ,44,444.44@.
!$H#% %#"&#F;, Kust and eFuitable under the premises, are
li.e+ise prayed for.
-a.ati City. 'pril ,6, ,414
L.S.L. OFFICE OF LEGAL AID
!ounsel for the Plaintiff
"oyola "a+ ;chool,
Catipunan '*enue,
0ue)on City
by:
MARIA SHEILA M. BA)AR
Supervising "a#yer
%oll of 'ttorneys (o. 6:643
-C"# (o. &&&-4413<4: L Pasig City
&5P (o. G,6G41L1<-2an-11L 0ue)on City
P$% (o. '-131,66: L 1<-2an-11 L
$aguig City
MARIA OFELIA S. LEA*O
"a# Intern
+ERIFICATION AND CERTIFICATION OF NON,FORUM
SHOPPING
&, -inda 7. 5arrion, of legal age, married, a resident of 16<
5a.er ;t., "a 7ista 7illage, 5rgy. ;an 2ose, 'urora, &sabela, after
being s+orn in accordance +ith la+, do hereby depose and state that:
1. & am the ;enior 7ice President for Finance and
'dministration of old #lectric Corporation, the Plaintiff in the
abo*e-entitled caseJ
,. &n my capacity as such ;enior 7ice President for Finance
and 'dministration, & ha*e caused the preparation of the abo*e
Complaint and & ha*e read the same and .no+s the contents
thereofJ that the allegations contained therein are true and
correct of my o+n personal .no+ledge and the authentic
records at handJ
1. & ha*e not commenced any other action or proceeding
in*ol*ing the same issues in the ;upreme Court, the Court of
'ppeals, or any other tribunal or agencyJ to the best of my
.no+ledge, no such action or proceeding is pending in the
;upreme Court, the Court of 'ppeals, or different Di*isions
thereof, or any other tribunal or agencyJ and that, if & should
learn that a similar action or proceeding has been filed or is
pending before the ;upreme Court, the Court of 'ppeals, or
different Di*isions thereof, or any other tribunal or agency, &
underta.e to promptly inform the Court +ithin fi*e =<@ days
therefrom.
IN (ITNESS (HEREOF, & ha*e hereunto set my hand this ,6
th
day of 'pril ,414 at -a.ati City, Philippines.
MINDA +. BARRION
'ffiant
;/5;C%&5#D '(D ;B!%( $! before me, this ,6
th
day of
'pril ,414, affiant exhibiting to me his dri*erDs license no. #-4A-43-
444A<6, issued on ;eptember ,<, ,44A at 0ue)on City.
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SECRETAR'-S CERTIFICATE
C(!B '"" -#( 5I $H#;# P%#;#($;:
&, Ra./a! J. Lo0&ia0, of legal age, Filipino, and resident of
'urora, &sabela, being the duly elected Corporate ;ecretary of GOLD
ELECTRIC CORPORATION =hereinafter, the >Corporation?@, a
corporation duly organi)ed under Philippine la+s +ith principal office
at the 1A
th
Floor, 8uellig 5uilding, -a.ati '*enue corner Paseo de
%oxas, -a.ati City, subscribing under oath, hereby depose and state
that in the special meeting of the 5oard of Directors of the
Corporation held on 'pril ,, ,44A, the follo+ing resolutions +ere
adopted and appro*ed:
>%#;!"7#D, that old #lectric Corporation =the
>Corporation?@ authori)e, as it hereby authori)es, a0. o0e
of the follo+ing officers:
-r. %aymart 2. "ondrian - Corporate ;ecretary
-rs. -inda 7. 5arrion - ;enior 7ice President
for Finance and
'dministration
-r. %ichard D. 5alino - ;enior 7ice President
for !perations
-s. 2oyce !. Capisle - -anager for Human
%esources
=i@ $o represent the Corporation in filing or instituting
complaints, cases, actions, or proceedings =+hether
ci*il, criminal, or administrati*e@ against its unions
andLor employees =+hether managerial,
super*isory, or ran.-and-file@ before the %egional
'rbitration 5ranch, the (ational "abor %elations
Commission, the Department of "abor and
#mployment, the -unicipal $rial Court, the %egional
$rial Court, the Court of 'ppeals, and the ;upreme
Court, or any other go*ernment agency or agencies
for that matter =the >'gencies?@J and
=ii@ $o represent the Corporation in any and all cases,
complaints, actions, or proceedings =+hether ci*il,
criminal, or administrati*e@ that may be filed by said
unions andLor employees before the 'genciesJ
>%#;!"7#D, F/%$H#%, that the Corporation
authori)e, as it hereby authori)es, a0. o0e of the abo*e-
named officers to cause the preparation, submission, and
filing of complaints, position papers, appeals, petitions,
motions, and other pleading as may be reFuired by the
'genciesJ
>%#;!"7#D, F/%$H#%, that pursuant to the
foregoing purpose, the Corporation appoint, as it hereby
appoints, the abo*e-named officers as the true and la+ful
attorneys-in-fact of the Corporation, +ith po+er to sign,
*erify, and execute any and all s+orn statements,
pleadings, or documents filed by or on behalf of the
Corporation =including any *erification and certificate
against forum-shopping@ and appear and act for, or
other+ise represent the Corporation at all hearings and
incidents in relation to such cases, petitions, actions, and
proceedings, and hereby confirming and ratifying all that
said officers shall la+fully do or cause to be done under
and by *irtue of these presentsJ
%#;!"7#D, F&('""I, that the Corporation
authori)e, as it hereby authori)es, a0. o0e of the abo*e-
named officers to secure the attachment, inKunction, or
surety bond or bonds as reFuired for purposes of the
foregoing petitions, cases, actions, and proceedings, and
to sign, execute, ma.e, and deli*er for the Corporation all
necessary and appropriate documents, agreements, and
other +ritings to achie*e such purpose.?
&( B&$(#;; BH#%#!F, this Certificate is issued this 1:
th
Day
of December ,44G at -a.ati City, Philippines.
RA'MART J. LONDRIAN
Corporate ;ecretary
5efore me, a notary public in and for -a.ati City, personally
appeared -inda 7. 5arrion +ith Community $ax CertificateLPassport
(o. 77,AA6<:: issued on ,A 'pril ,446 at -anila, +ho is personally
.no+n to me to be the same person +ho presented the foregoing
instrument and signed the instrument in my presence, and +ho too.
an oath before me as to such instrument.
Bitness my hand and seal this 1:
th
day of December ,44G.
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SECRETAR'-S CERTIFICATE
KNO( ALL MEN B' THESE PRESENTS1
&, Ra./a! J. Lo0&ia0, of legal age, Filipino, and resident of
'urora, &sabela, being the duly elected Corporate ;ecretary of GOLD
ELECTRIC CORPORATION =hereinafter, the >Corporation?@, a
corporation duly organi)ed under Philippine la+s +ith principal office
at the 1A
th
Floor, 8uellig 5uilding, -a.ati '*enue corner Paseo de
%oxas, -a.ati City, subscribing under oath, hereby depose and state
that in the special meeting of the 5oard of Directors of the
Corporation held on 'pril 1<, ,44A, the follo+ing resolutions +ere
adopted and appro*ed:
>%#;!"7#D, that old #lectric Corporation =the
>Corporation?@ authori)e, as it hereby authori)es, its
;enior 7ice President for Finance and 'dministration,
-%;. -&(D' 7. 5'%%&!(, to file and maintain on behalf
of the C!%P!%'$&!( any and all legal actions =criminal,
ci*il, andLor administrati*e@ against -%. '/D#(C&!
2!H( C#(', -%. 7&$'"&'(! !8!(, '(D D%. "#!
-'D%&'" before nay office, court, or tribunalJ
%#;!"7#D, F/%$H#%, that pursuant to the
foregoing purpose, -%;. -&(D' 7. 5'%%&!( be
appointed, as she is hereby appointed, as the true and
la+ful attorney-in-fact of the C!%P!%'$&!(, acting
singly and +ithout need of concurrence, +ith po+er to
sign, *erify, and execute any and all s+orn statements,
pleadings, or documents filed by or on behalf of the
Corporation =including any *erification and certificate
against forum-shopping@ and to appear and act for, or
other+ise represent the C!%P!%'$&!( at all hearings
and incidents in relation to such proceedingLs, and hereby
confirming and ratifying all that said officer shall la+fully
do or cause to be done under and by *irtue of these
presents.?
&( B&$(#;; BH#%#!F, this Certificate is issued this 1<
th
day
of 'pril ,414 at -a.ati City, Philippines.
RA'MART J. LONDRIAN
Corporate ;ecretary
5efore me, a notary public in and for -a.ati City, personally
appeared -inda 7. 5arrion +ith Community $ax CertificateLPassport
(o. 77,AA6<:: issued on ,A 'pril ,443 at -anila, +ho is personally
.no+n to me to be the same person +ho presented the foregoing
instrument and signed the instrument in my presence, and +ho too.
an oath before me as to such instrument.
Bitness my hand and seal this 1<
th
day of 'pril, ,414.
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