Republic of the Philippines REGIONAL TRIAL COURT Fourth Judicial Region Branch 12, Lipa City MAYA ANGELOU M. PEREZ, Plaintiff,
Civil Case No. CV-2015-24 For:
-versus-
Collection of Sum of Money with Damages
HAZEL ANNE M. MANALO, Defendant. x--------------------------------x ANSWER DEFENDANT HAZEL ANNE M. MANALO, by undersigned counsel, unto this Honorable Court most respectfully states that: 1. Paragraphs one (1) and two (2) of the Complaint are admitted; 2. Paragraphs three (3) to five (5) of the Complaint are denied for lack of knowledge or information sufficient to form a belief as to the veracity or falsity thereof, the allegations therein being matters known only to and are within the control only of the plaintiff; 3. Paragraph six (6) of the Complaint is denied insofar as it alleges that the defendant owes the plaintiff a sum of money and fails to pay the same, the truth being those alleged in the special and affirmative defenses part hereinbelow; SPECIAL AND AFFIRMATIVE DEFENSES 1. On May 25, 2015, the Defendant and the Plaintiff did not see each other because the former was having a vacation in Baguio City as evidenced by the photocopy of entry/exit of vehicles monitoring sheet, attached herein, marked as Annex “A”, and made an integral part hereto. Such monitoring sheet is issued by the Gate Security Department of the Subdivision where the Defendant resides.
Page | 1 Complaint
2. The Plaintiff never gave the defendant the alleged amount of Three Hundred Fifty Thousand Pesos (₱350,000.00); that Defendant did not sign the alleged promissory note; and that Defendant’s signature is forged. 3. On November 5 and November 6, 2015, the Defendant and the Plaintiff did not see each other because the former visited her late grandmother in San Pedro, Laguna as evidenced by the photocopy of entry/exit of vehicles monitoring sheet, attached herein, marked as Annex “B”, and made an integral part hereto. Such monitoring sheet is issued by the Gate Security Department of the Subdivision where the Defendant resides.
COMPULSARY COUNTERCLAIM 1. By reason of the abuse of right committed by the plaintiff and by reason of the instant precipitate and unfounded suit, the defendant was constrained to hire the services of a lawyer to defend his rights and interests for a professional fee of Twenty-Thousand Pesos (₱20,000.00) and Three Thousand Pesos (₱3,000.00) per court appearance; 2. Similarly, the plaintiff’s unfounded suit has caused the defendant mental anguish, wounded feelings, sleepless nights, serious anxieties, and other similar sufferings for which the defendant claims moral damages of One Hundred Thousand Pesos (₱100,000.00). PRAYER WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed to this Honorable Court the dismissal of the complaint for lack of merit with costs against the plaintiff; and that the defendant’s compulsory counterclaim be granted, i.e., moral damages of One Hundred Thousand Pesos (₱100,000.00), attorney’s fees of Twenty-Thousand Pesos (₱20,000.00), and Three Thousand Pesos (₱3,000.00) per court appearance and costs of suit. Other reliefs just and equitable under the premises are likewise prayed for.
Page | 2 Complaint
Lipa City, Batangas. December 5, 2015. DE JESUS, LINATOC, CASTILLO & ASSOCIATES LAW OFFICE Counsel for the Defendant 2/F GOZOS Building, F. Manalo St., Lipa City, Batangas By: TRIVEN P. CASTILLO Roll of Attorney No. 45969 PTR No. 123456; 01-02-01 / Lipa City IBP Life Member Roll No. 445789/07-08-01 / Lipa City MCLE Compliance No. III-897656 / 12-10-01
Page | 3 Complaint
VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING I, HAZEL ANNE M. MANALO of legal age, Filipino, married, and a resident of Blk. 3, Sta. Cruz St., United Homes Subdivision, Brgy. 2, Lipa City, Batangas, after having been duly sworn to in accordance with law, hereby depose and state that: 1. I am the defendant in the above-stated case; 2. I have caused the preparation and filing of the foregoing Answer and have read the allegations therein, and that they are true and correct of my personal knowledge and belief and based on authentic documents; 3. I have not commenced any other action or proceeding involving the same issues before the Supreme Court, Court of Appeals or any other tribunal or agency and, to the best of my knowledge, there is no such action or proceeding pending before any tribunal; 4. If I should learn that a similar action or proceeding has been filed or is pending before the Supreme Court, Court of Appeals or any
Page | 4 Complaint
other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court
IN WITNESS WHEREOF, I have hereunto set my hand this December 5, 2015 in Lipa City, Batangas. HAZEL ANNE M. MANALO Affiant SUBSCRIBED AND SWORN to before me this December 5, 2015 in Lipa City, affiant exhibiting to me her driver’s license with No. L03-654321 issued on May 2014, as competent proof of her identity. TRIVEN P. CASTILLO Notary Public Valid Until December 31, 2015 Roll of Attorney No. 45969 PTR No. 123456; 01-02-01 / Lipa City IBP Life Member Roll No. 445789/07-08-01 / Lipa City MCLE Compliance No. III-897656 / 12-10-01
Doc. No.: 49 Page No.: 8 Book No.: II Series of 2015
Page | 5 Complaint
