IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO 

RICO,

as representative of

THE COMMONWEALTH OF PUERTO 

RICO, et 

al.,

Debtors.

PROMESA 

Title III 

Case No.: 17 BK 3283-LTS 

(Jointly Administered) 

This filing relates to the 

Commonwealth, ERS, HTA, and PBA.

Claim No. 59396

Claimant: Pharma Bio Serv PR Inc.

RESPONSE BY CLAIMANT PHARMA-BIO SERV PR INC.

TO OMNIBUS OBJECTION OF DEBTOR

TO THE HONORABLE COURT:

COME NOW creditor Pharma Bio Serv PR Inc. (hereinafter “Pharma” or 

“Claimant”), through the undersigned counsels, and very respectfully STATE and PRAY 

as follows:

1. The Puerto Rico government, as debtor that received services from the Claimant, 

have adopted a reckless conduct when trying to get numerous claims dismissed 

by making the unsubstantiated and unsupported allegation that there are no 

records in the government's system of the pending debt or balance with the 

Case:17-03283-LTS Doc#:24735 Filed:07/13/23 Entered:07/13/23 18:55:46 Desc: Main

Document Page 1 of 7
2

Claimant, and when alleging that there are no “outstanding liabilities associated 

with [Pharma’s] invoices in the agency’s system.” See Exhibits 1, 2 & 3.

2. Debtor’s omnibus and unsupported objection to this claim is clearly meritless

because it included numerous creditors without providing any evidence of 

payment, or even one reasonable argument supporting the opposition to the 

claim. Simply saying that the government has no record in its system of 

outstanding liabilities associated with Claimant’s invoices is not only 

insufficient to dismiss Pharma’s claim, but also preposterous and ludicrous. 

Especially when the government used the same unsupported and unproven

allegation for multiple creditors in a questionable omnibus objection to 

numerous claims.

3. Presumptively, the lawyers of the government are trying to get numerous claims 

dismissed by having creditors failing to appear on time before the court,

especially after having provided a faulty and belated notice concerning the 

omnibus objection.

4. In response to such the omnibus objection presented before this Honorable 

Court, the appearing claimant Pharma-Bio Serv hereby provides all the 

documentary evidence and electronic communications between the parties 

clearly demonstrating:

a. that there was a valid agreement for services executed between the parties

[See Exhibit 4]; 

Case:17-03283-LTS Doc#:24735 Filed:07/13/23 Entered:07/13/23 18:55:46 Desc: Main

Document Page 2 of 7
3

b. that the services were provided to Debtor by the Claimant [See invoices 

verified and approved by debtor, Exhibit 5]; 

c. that invoices concerning such services rendered were prepared and 

delivered to the debtor in a timely manner [See Exhibit 5]; 

d. that the debtor received the invoices, recognized the debt, and made 

partial payment for the services rendered, but missed payment of one of 

the invoices, which is the subject of this claim. [See emails from August 

13, 2014 at 12:01 PM, Jul 15, 2014 at 10:56 AM, July 09, 2014 at 11:02 

PM, Jul 7, 2014, at 9:04 AM, July 06, 2014 at 9:37 PM, and Jul 6, 2014, 

at 8:46 AM, all included at pages 8 and 11-13 of the PDF attached as 

Exhibit 6]; and 

e. that the debtor has not paid the invoices for the services provided 

according to the agreement between the parties. [See proof of claim filed, 

Exhibit 1].

5. On June 7, 2018, Pharma filed a proof of claim before this Court after bankruptcy 

filing by Debtor. The claim no. is 59396. See Exhibit 1.

6. On May 23, 2023, Pharma received a single sheet of paper indicating the 

following: “If your claim is listed here, one or more of your debtors are seeking 

to disallow your claim for the reason listed below.” [See Exhibit 7; Docket / 

Doc#: 24050-19 of the above-captioned case no. 17-03283-LTS, and from 

the Court stamp at the top of each page it seems that “Desc: Exhibit R” may

also be relevant to this filing].

Case:17-03283-LTS Doc#:24735 Filed:07/13/23 Entered:07/13/23 18:55:46 Desc: Main

Document Page 3 of 7
4

7. It is clear from the evidence submitted with this response, that the invoice 

approved by the client concerning the services rendered, the communications 

between the parties regarding collection efforts, and all the evidence submitted 

with this motion, had been previously provided to the debtor. The attached 

evidence demonstrates the numerous times that the invoices were sent to the 

debtor and the multiple communications between the parties, showing that, 

contrary to the allegation made in the omnibus objection, debtor did have and/or 

is supposed to have such “outstanding liabilities associated with [Pharma’s] 

invoices in the agency’s system.”

8. The Omnibus Objection filed before this Court, with respect to the appearing 

Claimant, is simply meritless because the documentation provided shows all the 

communications between the debtor and the Claimant, and ultimately 

demonstrate how baseless and unfounded is the agency’s claim of “not having 

outstanding liabilities in its system” for the Claimant.

9. The Puerto Rico Civil Code of 1930, applicable at the time of the facts of this 

case, provides as follows:

Art. 1206 - Contracts, when they exist. (31 L.P.R.A. sec. 3371)

The contract exists since one or several persons agree to be bound 

by another or others, to give something, or provide some service.

(Civil Code, 1930, Art. 1206.)

Art. 1207 - Permissible clauses and conditions. (31 L.P.R.A. sec. 

3372)

The contracting parties can establish the agreements, clauses and 

conditions that they deem convenient, as long as they are not 

contrary to the laws, morality, or public order.

Case:17-03283-LTS Doc#:24735 Filed:07/13/23 Entered:07/13/23 18:55:46 Desc: Main

Document Page 4 of 7
5

Art. 1208 [Repealed] Validity and compliance. (31 L.P.R.A. sec. 

3373)

The validity and fulfillment of contracts cannot be left to the 

discretion of one of the contracting parties.

[Emphasis added].

10.Contracts are perfected by mere consent, and from that moment each of the 

parties is obliged not only to comply with what was expressly agreed, but also 

with the consequences that, according to their nature, are in accordance with 

good faith, use, and the law. Art. 1210 of the Civil Code, 31 L.P.R.A. sec. 3375; 

UNISYS Puerto Rico v. Ramallo Brothers Printing, 128 D.P.R. 842 (1991).

11.In the event that one of the contracting parties fails to comply with what was 

stipulated, the creditor party may demand specific compliance of what was 

agreed and a compensation for the damages suffered, plus the payment of 

interest on that amount. Articles 1054 and 1077 of the Civil Code, 31 LPRA 

secs. 3018 and 3052; Hernandez v. Padilla, 142 DPR 989, 994-995 (1997) 

(Judgment). And it is that, after all, “the validity and performance of contracts 

cannot be left to the discretion of one of the contracting parties”. Article 1208, 

Civil Code, 31 LPRA sec. 3373.

12.Debtor is responsible of the liabilities included in Pharma’s Proof of Claim 

[Exhibit 1], and must fulfill its contractual responsibility and pay Claimant in 

full for the invoice No. 16238 dated 04-11-2013. In addition, to complying with 

what was agreed between the parties and the established compensation, Debtor 

Case:17-03283-LTS Doc#:24735 Filed:07/13/23 Entered:07/13/23 18:55:46 Desc: Main

Document Page 5 of 7
6

should be held liable for damages suffered, plus the payment of interest on the

amount owed. Articles 1054 and 1077 of the Civil Code, 31 LPRA secs. 3018 

and 3052

13.In compliance with the Court Order at Doc#:24050-19 of the above-captioned 

case, it is hereby informed that the responding claimant is Pharma Bio Serv PR, 

Inc., and the officer in charge is Mr. Pedro Lasanta, Chief Financial Officer, with 

the following postal and physical address: 6 Road 696, Dorado, Puerto Rico, 

00646-3306; Telephone (787) 278-2709; Email: plasanta@pharmabioserv.com. 

This would be “the party with authority to reconcile, settle, or otherwise resolve 

the Omnibus Objection on the claimant’s behalf.”

14.If this Honorable Court deems necessary or requires any additional 

information, clarification, or evidence from the appearing Claimant, to 

facilitate payment of the referenced debt, Pharma is available to assist the 

Court and will be very appreciative of the Court’s assistance in collecting 

the pending balance of this debt.

WHEREFORE, it is respectfully requested from this Honorable Court, that Debtor’s 

omnibus objection with respect to the appearing Claimant is denied, and that the Debtor is 

ordered to immediately satisfy the full amount of the invoice No. 16238 dated 04-11-2013, 

together with interests on such debt, since the services were provided, and the payment of 

such debt remains pending.

Case:17-03283-LTS Doc#:24735 Filed:07/13/23 Entered:07/13/23 18:55:46 Desc: Main

Document Page 6 of 7
7

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 13th day of July, 2023.

WE HEREBY CERTIFY THAT the undersigned counsels electronically filed the 

present document with the Clerk of the Court using the CM/ECF System, which in turn 

will send notification of this filing to all attorneys of record.

Carlos R. Paula, Esq.

Attorney for creditor Pharma Bio Serv PR Inc.

Citibank Towers, Suite 500

252 Ponce de León Avenue

San Juan, Puerto Rico 00918

Tel. (787) 758-1400

Cel. (787) 460-3456

paula@laborcounsels.com

S/ CARLOS R. PAULA

USDCPR # 212009

Case:17-03283-LTS Doc#:24735 Filed:07/13/23 Entered:07/13/23 18:55:46 Desc: Main

Document Page 7 of 7