Republic of the Philippines

REGIONAL TRIAL COURT

xth Judicial Region
Branch x
xxx
Western Eagle Ltd.,
Plaintiff,
CIVIL CASE NO. 2015-1
FOR ENFORCEMENT OF
A FOREIGN JUDGMENT

-versusJuan P. Masipag,
Defendant.
x--------------------------------------x

FORMAL OFFER OF EVIDENCE

COMESNOWDEFENDANT,bytheundersignedcounselanduntothis
Honorable Court, most respectfully submits this Formal Offer of Documentary
Exhibits,towit:
EXHIBIT
DESCRIPTION
1
HongKongGovernment
Gazette publication
regarding institution of
civilcases
2
Judgment issued by the
CFIofHongKongdated
Dec. 28, 2012 as
amended on Apr. 13,
2013
3
WritofSummonsissued
bythe District Court of
Hong Kong dated Apr.
15,2013

PURPOSE
Toprovethatcivilactionsfiledbefore
the courts of Hong Kong must be
commenced by a writ or originating
summons.
Toprovethatthejudgmentissuedby
theCFI of HongKong,asamended,
was promulgated and issued days
beforethesummonswasservedupon
theDefendant.
To prove that the Writ of Summons
was servedtotheDefendanttwo(2)
days after the Judgment of the same
court was promulgated and to prove

that the CFI did not acquire

jurisdiction over the person of the
Defendant.
4

JudicialAffidavitofMs. To prove that she is the

MariaOkinawa
Secretary/Personal Assistant of Mr.
JuanMasipagfrom1998uptopresent
andtoprovethatsheisinchargeofall
his letters and correspondence,
business commitments, undertakings,
conferencesandappointments.
JudicialAffidavitofMr. ToprovethatheistheRecordsOfficer
ShawnSchubert
ofMarineAgencyLtd(MAL)located
inEnglandandtoprovethatheisthe
officer incharge of the receiving,
marking,disseminatingandkeepingof
incomingdocuments,businessletters,
notices and correspondences of any
kindrelatedtothebusinessofMAL,
as well as sending of all outgoing
documents, business correspondence
ofallkindsrelatedtothebusinessof
MAL.
Entries taken from the Toprovethatduringtheperiodfrom
Official Logbook of the January2009toMarch2013,nowrit
Incoming
of summons or notice of any kind
Correspondence etc. of addressed to Mr. Juan Masipag or
the MAL from Jan. related to the civil action filed by
2009Apr.2013
Western Eagle Ltd was received by
MAL and to prove that the CFI of
Hong Kong did not acquire
jurisdiction over the person of the
defendantduetotheabsenceofnotice

orsummons.

Notice of Default
submitted by Plaintiff
andmarkedasExhibitC
intheirPreTrialBrief

Judicial Affidavit of
RebeccaPoon

Curriculum Vitae of
RebeccaPoon
A Copy of the Hong
Kong Official Gazette
issued by the Records
Officer of Hong Kong
Court of Final Appeals
anddulycertifiedbythe
Consul of the Philipines
forHongKong
AcopyofOrder5,Rule
1 of the Rules of the
HIghCourt
AcopyofOrder10,Rule

10

10A

10B

To prove that the said Notice of

Default was not received by the
Defendantastherearenosignatureby
the defendant, date or any other
indicationthatthesamewasreceived
bythedefendant.
To prove that she is an expert
regardingHongKongLaws,toexplain
how civil actions are commenced in
the said country and other laws or
rulesrelevanttothecase.
To prove her qualifications as an
expertwitness.
To prove the existence of the laws
invokedbytheexpertwitness.

To prove that civil proceedings

commenced either by writ or
originatingsummons.
To prove that a writ is served by

11

1ftheRulesoftheHIgh
Court
Writ of Summons dated
August15,2012

plaintiff or the agent and not by the

court.
To prove that there has been no
signature nor any marks that it has
beenreceivedbythedefendant, that
thereisnoaccompanyingaffidavitor
affirmation showing the manner of
servicenorthatsuchaffidavithasbeen
executed by his plaintiff or agent
statingthatitwasservedondefendant,
hencenovalidserviceofsummons.

WHEREFORE,premisesconsidered,itismostrespectfullyprayedofthis
HonorableCourtthattheforegoingDocumentaryExhibitsbeadmittedandwith
theadmissionofthesametogetherwiththetestimonyofhiswitnesses,Respondent
restshiscaseandsubmitthesameforresolutionoftheHonorableCourt.
RESPECTFULLYSUBMITTED.

22nddayofFebruary,2016,TaclobanCity

KAMAG-ARAMAN Law Office

Counsel for the Plaintiff2nd Floor, Justice Romualdez St. xxxxx
Tel. No. (053)-3256805; Email: kamag-araman@yahoo.com
by:
ATTY. xxxx
Counsel for the Defendant
Roll of Attorneys No. 4562

IBP Lifetime Membership No. 8872

PTR No. 489923, issued on 12/6/13, Leyte
MCLE Compliance IV No. 026754
Issued on January 12, 2015

Copyfurnishedbypersonalservice:
ATTY. xxxx
Counsel for the Plaintiff
Suite 007, 2nd Floor, S&A Realty Bldg.
221 xxx City
Received by:

Date

______________________

______________________