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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.

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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 Defendants
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 plaintiffs 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
defendants compulsory counterclaim be granted, i.e., moral
damages of One Hundred Thousand Pesos (100,000.00), attorneys
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.

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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

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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

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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 drivers 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

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Complaint