CBCPNet, the Internet service provider and systems integrator of the Catholic Bishops Conference of the Philippines (CBCP), has been sued by Spinbase International Corp. allegedly for its P19,787,644 worth of unpaid office furniture.
The case was filed by Spinbase with the Mandaluyong RTC last Aug. 30 and the summons were served last Sept. 9 to CBCP, CBCPNet, and CBCP World as co-defendants.
But to date, "no responsive pleading has yet been filed by CBCPNet," Spinbase lawyer Reynaldo Dizon stated in his motion to declare CBCPNet in default.
"Under Section 3, Rule 9 of the 1997 rules of civil procedures, if a defending party fails to answer within the time allowed by law, said defendant should be declared in default," Dizon said.
Should the court grant the plaintiff’s motion, Spinbase would be entitled to present evidence even without CBCPNet’s participation.
Spinbase claims to have entered into that supply contract with CBCPNet upon the explicit guarantee of the CBCP through a Dec. 1, 1999 board resolution, as stated in a notarized "secretary’s certificate" issued by then assistant secretary general Msgr. Pedro Quitorio III on May 22, 2000.
"And further considering that such contract was guaranteed by the CBCP, it is but proper that the defendants be ordered to comply with their obligations," Dizon stated in the complaint.
Based on its incorporation papers, CBCPNet is owned and incorporated by past CBCP president Oscar Cruz as chairman, CBCP treasurer Honesto Ongtiaco as president and board member, Quitorio as corporate secretary and vice president for administration, businessman Eman Lim as managing director and his wife Mardie as treasurer.
The Lim couple also owned network solutions provider Twins Inc., the CBCP’s project manager, operator and partner in that much-vaunted ISP project of the Catholic Church.
A memorandum of agreement for that purpose was signed on Dec. 3, 1999 by Ongtiaco for CBCP and Lim for Twins. However, CBCPNet collapsed under the weight of its huge debts.