Republic of the Philippines

SUPREME COURT

Manila

BRIEF FOR THE APPELLEE

Appellee, thru counsel, and unto this Honorable Court respectfully submits the brief in answer to that of the appellant.

COUNTER-STATEMENT OF FACTS

The statement of facts made by appellant in his brief is so insufficient and inaccurate in many details, that we prefer to make our own counter-statement of facts as appearing in the records of this case.

(Here, state the facts of the case, with reference to the pages of the record in support thereof, but without repetition of matters in the appellant’s statement of facts)

ARGUMENT

First alleged error: (here quote the first assignment of error made by appellant in his brief.)

In answer to the above assignment of error allegedly committed by the lower court _________________ (Here the appellee shall set forth references to the record. The authorities reline on shall cited by the page of the report of which the case begins and the page of the report at which the citation is found; viz, Macondray v. Eustaquio, 64 Phil. 446, 456.)

Second alleged error: (Here quote second assignment of error made by the appellant in his brief.)

In answer to the above assignment of error allegedly committed by the lower court ___________________ (Here the appellee shall set forth his arguments in answer to the second assignment of error, etc.)

IN VIE OF THE FOREGOING, it is respectfully prayed that the appeal interposed by the appellant in the above-entitled case be dismissed, with cost in both instances.

(Venue, date, signature)

(Explanation)

(Affidavit of service)

PRAYER FOR RELIEF

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that it REVERSE AND SET ASIDE the Decision of the Regional Trial Court of Cebu City, Branch 9, dated July 11, 2006, in Civil Case No. CEB-31568 and consequently declare that a prior authorization, in the form of a resolution, from the Sangguniang Panlalawigan of the Province of Cebu is required before herein Respondent can enter into a contract involving monetary obligations on the part of the Province.

Other relief, just and equitable, are also prayed for.

Cebu City, August 17, 2016.

By the Counsel for the Petitioners

CABRADILLA, DUCE AND PABUAYA LAW OFFICE

Room 204, CRM Building,Corner Escario and Molave Streets,

Lahug,Cebu City 6000

Telephone Number: (032) 253-1890 to 92

Fax Number: (032) 253-1893

E-mail Address: inquiry@cdplawoffice.com

ARFEL JANE C. CABRADILLA

Roll No. 44403

IBP No. 9849 (Lifetime) Cebu City

MCLE Compliance No. III-0008600

PTR No. 1161031-5-8-2016-Cebu City

Telephone No. (032) 253-1890 local 101

E-mail Address: ajccabradilla@cdplawoffice.com

Copy furnished, in accordance with

Section 11, Rule 13 of the Revised Rules of Court, by registered mail, in

view of far distance making personal service not practicable, to:

ATTY. JOHN EMMANUEL F. MADAMBA

Assistant Solicitor General

134 Amorsolo Street,

Legaspi Village, Makati City

and by personal service, to:

ATTY. MARINO E. MARTINQUILLA

Cebu Provincial Legal Officer

3rd Floor, Capitol Building,Cebu City

ATTY. CHEVIN Q. VASQUEZOIC,

Clerk of Court V

Regional Trial Court of Cebu City, Branch 9,

3/F Qimonda IT Center,

Sergio Osmeña Boulevard,

Cebu City