Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch 34, City of Manila

ROLANDO C. BATO,
Plaintiff, Civil Case No. 020197

For: Collection of a Sum of

-versus- Money

BOB U. UY,
Defendant.
x--------------------------------x

ANSWER

DEFENDANT BOB U. UY, 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 herein below;

SPECIAL AND AFFIRMATIVE DEFENSES

1. On December 21, 2016, 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 Baguio Country Club where the Defendant
had his vacation.
 2. The Plaintiff never gave the defendant a contract of sale of the
limited edition BMC teamelite 01 XTR Di2 Mountain Bike.

3. That the Defendant never entered into a contract of sale,

because in the first place, he never met the Plaintiff and there was no
contract of sale after all for the alleged amount of FORTY
THOUSAND PESOS ONLY (PHP 40,000.00; that the Plaintiff only
offered the sale through a phone call and not by a written contract.

4. That the Defendant did not sign any contract of sale nor the
alleged promissory note, dated December 21, 2016; and that the
Defendants signature is clearly forged and falsified by the Plaintiff to
collect a sum of money from the defendant.

5. That the issued demand letters by the Plaintiff sent to the

Defendant were just mere falsified documents to scare the defendant
and put a pressure and liability on him. Because in the first place it
was very clear that there was no contract sale entered into by the
Defendant and that he is not liable nor obliged to pay the alleged
amount of money.

6. That the said product by the Plaintiff was only offered to the
defendant and that it was never came into the possession of the
defendant.

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 Fifty Thousand Pesos (50,000.00).
 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 Fifty
Thousand Pesos (50,000.00), 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.

City of Manila, National Capital Region. November 15, 2017.

BELGIRA, CARIO, MANAHAN, MIGUEL & ASSOCIATES LAW

OFFICE
Counsel for the Defendant
69/F 71 Gramercy Building, Bel-Air Village, Makati City.

By:

AYANNA CIELINA M. MONTEMAYOR

Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Makati City
IBP Life Member Roll No. 445789/07-08-01 / Makati City
MCLE Compliance No. III-897656 / 12-10-01
VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING

I, BOB U. UY, of legal age, a Filipino citizen and a resident of

Legarda Place, Sampaloc Manila, 1008 Metro Manila, 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 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

November 15, 2017 in the City of Manila, NCR.

BOB U. UY
Affiant
 SUBSCRIBED AND SWORN to before me this November 15,
2017 in the City of Manila, NCR, affiant exhibiting to me his drivers
license with No. L03-654321 issued on May 2016, as competent
proof of her identity.

AYANNA CIELINA M. MONTEMAYOR

Notary Public
Valid Until December 31, 2018
Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Makati City
IBP Life Member Roll No. 445789/07-08-01 / Makati City
MCLE Compliance No. III-897656 / 12-10-01

Doc. No.: 49
Page No.: 8
Book No.: II
Series of 2017
Annex A