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REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region


METROPOLITAN TRIAL COURT
City of Manila, Branch ____

CLAIRE PAULINE CAYANAN,


Plaintiff,

-versus- Civil Case No. 123456


For: Collection of Sum of
Money with Damages

MARK MALLARI, DHEN


CASER AND JED GULAPA
Defendant.
x------------------------------------------x

ANSWER

DEFENDANTS, DHEN CASER AND JED GULAPA,


hereby and through the undersigned counsel and unto this
Honorable Court most respectfully states THAT:

1. Defendants admits with qualification the allegation


contained in paragraph 1, 3, 4, 5, 6, and 8 of the
complaint, the truth of the matter is stated in
defendant’s affirmative defenses.

2. Defendants specifically admits with qualification the


allegations contained in paragraph 7 and 9 of the
complaint, the truth of the matter are stated in
defendant’s affirmative defenses.

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3. Defendants specifically denies the allegation contained
in paragraph 10, 11, 12, 13, and 14 of the complaint
which gives the impression that defendant ignores the
demand letter sent by the plaintiff, the truth of the
matter is stated in the affirmative defenses of the
defendant.

4. Defendants admits the allegations contained in


paragraph 17.

5. Defendants specifically denies the allegations


contained in paragraph 19, 20, 22, and 25 of the
complaint which gives an impression that defendant is
guilty of breach of contract and/or committed fraud in
the performance of his obligation with the plaintiff.

AFFIRMATIVE DEFENSES

DEFENDANTS re-plead, reiterate and incorporate all the


foregoing allegations by way of reference and in addition,
further alleges that:

6. The Defendants together with the other Defendant are


engaged into manufacturing and selling of Lechon Star
to its clients.

7. The Defendants engaged the services of the Plaintiff


for the printing of signage for our Lechon Star

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business and to render other advertising services and
products.

8. On July 27, 2016, the Defendants signed a one year


Service Contract with the Plaintiff, for its advertising
services, including the printing of signages needed by
our Lechon Star business, starting on the date our
contract was signed. Attached hereto and made
integral part as Annex “A”.

9. That the Defendants was in total shocked when he


received a Statement of Unsettled Account from the
Plaintiff in an aggregate amount of One Hundred
Ninety Five Thousand (Php195,000.00). Attached
hereto as Annex “B”.

10. As far as the records kept by the Defendants are


concerned, from September 30, 2016 until October
20, 2016, the Plaintiff made three (3) deliveries to the
Defendants, amounting only to One Hundred Twenty
Thousand (Php125,000.00), and are paid on time, as
evidenced with Official Receipts No. 2156, 2169,
and 2789. Attached hereto as Annexes “C, D, and E”.

11. That the Defendant’s record only showed a total of


Seventy Thousand (Php70,000.00) unpaid account
for the last two (2) deliveries made on February 25,
2017. See attached Annex “F”.

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12. That the last delivery made on February 25, 2017,
was not paid due to a back job order, due to
substantial typographical errors in the flyers delivered.

13. The Defendants tried to communicate with the Plaintiff


to reconcile its records with the Plaintiff’s, but the
Plaintiff seemed not to be cooperative and instead sent
another demand letter on June 18, 2017. See
attached Annex “G”.

COMPULSORY COUNTER CLAIM

Answering defendants re-plead, reiterate and incorporate


by way of references all the material allegations contained in
the foregoing paragraphs, and addition alleges that:

14. By reason of the abuse of rights committed by the


Plaintiff and by reason of the instant precipitate and
unfounded suit, the Defendants were constrained to
hire the services of a lawyer to defend their rights and
interests for a professional fee of Fifty Thousand
Pesos (Php50,000.00) and Five Thousand Pesos
(Php5,000.00) per court appearance.

15. Similarly, the Plaintiff’s unfounded suit has caused the


Defendants mental anguish, wounded feelings,
sleepless nights, serious anxieties and besmirch
reputation for which the Defendants claims moral

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damages of One Hundred Thousand Pesos
(Php100,000.0).

PRAYER

WHEREFORE, premises considered, it is most


respectfully prayed unto this Honorable Court that the instant
complaint be DISMISSED for UTTER LACK OF MERIT. It is
being prayed further that an Order be issued directing the
plaintiff as follows:

1. To pay defendants the sum of Php 100,000.00 as and


by way of moral damages;

2. To pay defendants the sum of Php 50,000.00 as and


by way attorney’s fees.

3. To pay the cost of the suit.

Other relief just and equitable is likewise being prayed


for.

Pasig City, June 20, 2018.

GALLARDO, PAULINO AND ASSOCIATES


LAW OFFICES
Suite 80, 8th Floor Richmonde Plaza,
San Miguel Avenue,Ortigas, Pasig City
Tel. No. 470-3133

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By:
DORIS GALLARDO
PTR No. 1439406; 5 Jan. 2017; Pasig City
IBP Lifetime Membership No. 00690
Roll of Attorney: 38494
MCLE Exemption No. 12345

Copy furnished:

ATTY. RHOWEE BUERGO


C/O
BUERGO AND RAMOS LAW OFFICES
Counsel for the Plaintiff
Unit 1102, The Centerpoint Building
Julia Vargas Ave cor. Garnet Road, Ortigas Center
Pasig City, Philippines, 1605
P.O. Box 12888, Ortigas CPO

Explanation

Service of this Answer was made via registered mail due


to lack of office personnel to effect personal service.

ATTY. DORIS GALLARDO

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VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

We, DHEN CASER and JED GULAPA, both of legal age, Filipino
and residents of No. 39, Malugay St. Quezon City and No. 69
Mindanao St. Quezon City respectively, after being duly sworn in
accordance with law, deposes and states:

1. We are the Defendants in the above stated-case;

2. We have caused the preparation and filing of the foregoing


Answer and have read the allegations therein, and found its
contents to be true and correct to our own knowledge and belief
and based on authentic documents on record;

3. That we have not filed any action with similar issues before
the Supreme Court, the Court of Appeals or any other body or
agency, tribunal, and are not aware of any pending case before the
Supreme Court, Court of Appeals or any other body or agency or
tribunal;

4. If we should learn that a similar action or proceeding has


been filed or is pending before the Supreme Court, Court of Appeals
or any other body or agency or tribunal, we will undertake to
inform the Honorable Court within five (5) days from such
knowledge.

IN WITNESS WHEREOF, we have hereunto set our hands


this June 20, 2018, in Pasig city

DHEN CASER JED GULAPA


Affiant Affiant

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SUBSCRIBED AND SWORN TO BEFORE ME this 20th day of
June, 2018, with Affiants exhibiting to me their valid proofs and
government-issued identification with photos and signatures, as
follows:

NAME VALID PROOF


OF IDENTIFICATION

DHEN CASER SSS No. 000987654


JED GULAPA SSS No. 000876543

TRIVEN P. CASTRO
Notary Public
Valid Until December 31, 2018
Roll of Attorney NO. 45969
PTR No. 123456, 06-02-17
IBP Life Member Roll No. 445789/8/01/17/
Pasig City
MCLE Compliance No. III-897656/12-19-17

Doc. No. : 49
Page No. : 8
Book No. : II
Series of : 2018