Pinoy business partners sue each other over bad practices | ABS-CBN

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Pinoy business partners sue each other over bad practices
Pinoy business partners sue each other over bad practices
Don Tagala,
ABS-CBN North America News Bureau
Published May 25, 2016 12:32 PM PHT

NEW YORK - A balikbayan box forwarding company has been embroiled with customer complaints about undelivered boxes, and now, a lawsuit against the owner for unscrupulous business practices.
Filipino business owner Rena Avendula is suing former business partner Rommel del Rosario for fraud, breach of contract, unjust enrichment and slander, among others.
Del Rosario, owner of RDR Services Corporation, a cargo forwarding company transporting balikbayan boxes from New York to the Philippines, has frequented Avendula's Filipino restaurant in Queens.
The two began communicating about the prospects of entering into business together around January 2015.
"He's telling me his problem, alam mo naman yung puso natin madaling maawa, lalo na pag sabihin kapwa Pilipino," Avendula said.
On February 2015, even before entering into a partnership, Avendula loaned $20,000 to del Rosario with a promisory note that included postdated checks.
By March, del Rosario, Avendula and another Linda Barga entered into a business partnership.
After another $30,000 capital contribution, Avendula has 40% ownership, 10% for Braga and del Rosario kept the remaining 50% share.
But Avendula said upon taking over the business operations of RDR, she saw del Rosario allegedly misrepresented the financial situation of the cargo business.
And the $20,000 check del Rosario wrote her, bounced.
"Malaking utang sa Pilipinas, sa isang forwarder sa Philippines, aabot yun mga close to P8 million. Meron din siyang container mga siguro $60k to $70, paunti-unti ko yung binayaran," she said.
The Better Business Bureau rated RDR Cargo Express with an "F", mostly due to delayed delivery of balikbayan boxes.
Avendula claims she loaned the company up to $200,000 to pay for the firm's obligations so the boxes held in the Philippines would be released and so that the company could continue its operations.
"No, that’s not true. Well, she has to produce documents, but that’s just a claim," said del Rosario.
The complaint stated that del Rosario allegedly made secret side deals with customers picking up boxes using old invoices without reporting and remitting payments to the company, although all partners were entitled to receive such monies.
"Hindi niya ako binigyan ng salary. What I did to survive, it's not a lot, it's like $4,000 to $5,000 worth of box collections for the whole duration, so she made a big deal about that ," del Rosario said.
NEW YORK - A balikbayan box forwarding company has been embroiled with customer complaints about undelivered boxes, and now, a lawsuit against the owner for unscrupulous business practices.
Filipino business owner Rena Avendula is suing former business partner Rommel del Rosario for fraud, breach of contract, unjust enrichment and slander, among others.
Del Rosario, owner of RDR Services Corporation, a cargo forwarding company transporting balikbayan boxes from New York to the Philippines, has frequented Avendula's Filipino restaurant in Queens.
The two began communicating about the prospects of entering into business together around January 2015.
"He's telling me his problem, alam mo naman yung puso natin madaling maawa, lalo na pag sabihin kapwa Pilipino," Avendula said.
On February 2015, even before entering into a partnership, Avendula loaned $20,000 to del Rosario with a promisory note that included postdated checks.
By March, del Rosario, Avendula and another Linda Barga entered into a business partnership.
After another $30,000 capital contribution, Avendula has 40% ownership, 10% for Braga and del Rosario kept the remaining 50% share.
But Avendula said upon taking over the business operations of RDR, she saw del Rosario allegedly misrepresented the financial situation of the cargo business.
And the $20,000 check del Rosario wrote her, bounced.
"Malaking utang sa Pilipinas, sa isang forwarder sa Philippines, aabot yun mga close to P8 million. Meron din siyang container mga siguro $60k to $70, paunti-unti ko yung binayaran," she said.
The Better Business Bureau rated RDR Cargo Express with an "F", mostly due to delayed delivery of balikbayan boxes.
Avendula claims she loaned the company up to $200,000 to pay for the firm's obligations so the boxes held in the Philippines would be released and so that the company could continue its operations.
"No, that’s not true. Well, she has to produce documents, but that’s just a claim," said del Rosario.
The complaint stated that del Rosario allegedly made secret side deals with customers picking up boxes using old invoices without reporting and remitting payments to the company, although all partners were entitled to receive such monies.
"Hindi niya ako binigyan ng salary. What I did to survive, it's not a lot, it's like $4,000 to $5,000 worth of box collections for the whole duration, so she made a big deal about that ," del Rosario said.
By October, del Rosario's attorney, unilaterally dissolved his partnership with Avendula and Barga.
By October, del Rosario's attorney, unilaterally dissolved his partnership with Avendula and Barga.
"When she came in, kulang kami ng 4 containers. When she left, kulang kami ng 12 containers, and I’m left with that burden, that’s why nag cause ng delay," del Rosario said.
For her part, Avendula added, "Nagkamali daw yung pagtakbo sa business dahil ninakaw ko yung pera. It's not fair. But what is 7 months for me to recover a business if you have a partner na ganun ang ugali."
Avendula said she did not oppose the termination and dissolution of their partnership, as long as she and Barga are reimbursed and paid what they are owed.
"When you invest in a business, it’s always a risk. If it makes a profit, good, if its loss , we both lose," del Rosario said.
According to del Rosario, his lawyer has replied to Avendula’s lawsuit and he is filing a counter lawsuit.
Read more on Balitang America.
"When she came in, kulang kami ng 4 containers. When she left, kulang kami ng 12 containers, and I’m left with that burden, that’s why nag cause ng delay," del Rosario said.
For her part, Avendula added, "Nagkamali daw yung pagtakbo sa business dahil ninakaw ko yung pera. It's not fair. But what is 7 months for me to recover a business if you have a partner na ganun ang ugali."
Avendula said she did not oppose the termination and dissolution of their partnership, as long as she and Barga are reimbursed and paid what they are owed.
"When you invest in a business, it’s always a risk. If it makes a profit, good, if its loss , we both lose," del Rosario said.
According to del Rosario, his lawyer has replied to Avendula’s lawsuit and he is filing a counter lawsuit.
Read more on Balitang America.
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