Republic of the Philippines

5TH JUDICIAL REGION

Regional Trial Court
Branch 1
Legazpi City

JEFFREY TABUZO, Civil Case No. 142390

Plaintiff FOR: COLLECTION FOR A SUM
OF MONEY WITH DAMAGES
- versus -

RUWEE TUPUE,
Defendant
x -----------------------x

ANSWER

DEFENDANT, through undersigned counsel, before this Honorable Court,

most respectfully states THAT:

1. Paragraph 1 and 3 are admitted

2. Paragraph 2 of the complaint more particularly the alleged “Promissory

Note” is denied under oath, with regards to the payment of interests, the
truth being is what is stated hereunder in the Special Affirmative
Defenses herein set forth, but admits that the defendant borrowed from
the plaintiff a sum of money amounting to One Million Pesos;

3. Paragraph 4 of the complaint is denied for the truth of the matter is

hereunder pleaded in the Special Affirmative Defenses herein set forth;

SPECIAL AND AFFIRMATIVE DEFENSES

Defendant repleads by incorporation all the foregoing allegations and further

states, THAT:

4. Defendant is a childhood friend and former classmate in high school of

the plaintiff at Divine Word College of Legazpi, Legazpi City;

5. Sometime in 2015, defendant was in dire need of money and he ought

to borrow money from the plaintiff on the amount stated in the
complaint.
 6. The Defendant received One Million Pesos in cash from the plaintiff
with the condition that it be paid after a year and with interest of five
percent (5%) per month as evidenced by a promissory note executed on
April 03, 2015.

7. On May 11, 2015 the defendant attended their high school mini reunion
where he saw the plaintiff. The defendant talked casually to the plaintiff
where the former stated that his daughter is going to have another
operation. Due to this reason, both of them came to an agreement that
the interest rate no longer apply because of the friendship they had.

8. On August 14, 2015, the defendant attended the birthday party of his
classmate's son where he once again saw the plaintiff. The plaintiff
asked the defendant to create a blue print of a house for the former.
During that time, both parties agreed that the services of the defendant
as an architect will be deducted to the amount borrowed.

9. On January 17, 2016, the blue print was given to the plaintiff to which
the plaintiff accepted. The services rendered by the architect amounted
to One Hundred Fifty Thousand which is supposed to be deducted from
the amount borrowed. A copy of the blue print is hereto attached as
Annex “1”;

10. That the defendant refused to pay despite demand of the plaintiff
because the latter is demanding the defendant to pay the amount of One
Million Pesos with interest. The amount of the services he rendered
were not deducted and the interest was not removed.

WHEREFORE, premises considered, it is most respectfully prayed that a

decision be issued in favour of the defendant.

Other reliefs and remedies are all prayed for in the premises.

Legazpi City, February 5, 2019.

RUWEE TUPUE
Defendant

ATTY. CARL ANDREY A. ESPINOSA

Counsel for Defendant
Espinosa Law Office, Washington Drive, Legazpi City
Roll No. 98765
IBP No, 12345/1-3-2018/Legazpi
PTR No. 34567/1-3-2018/Legazpi
MCLE Comp. No. IV-0009876, 01/02/18
 VERIFICATION &
CERTIFICATION OF NON-FORUM SHOPPING

I, RUWEE TUPUE, under oath depose and state:

That I am the defendant in this case;

That I have caused the preparation of this answer with counterclaim;

That the contents stated therein are true and correct of my own personal
knowledge;

That I deny the due execution and contents of the Promissory Note;

That I do hereby certify that I have not commenced any other action or
proceeding involving the same issues in the Supreme Court, the Court of Appeals,
or any other tribunal or agency; that to the best of my knowledge, no such action
or proceeding is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency; that if I should thereafter learn that a similar action has been
filed or pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days therefrom to
the Court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 9th

day of February 2019 at Legazpi City, Philippines.

RUWEE TUPUE
Defendant
 SUBSCRIBED AND SWORN to before me this 9th day of February 2019
in Legazpi CIty, Philippines.

ATTY. CARL ANDREY A. ESPINOSA

Counsel for Defendant
Espinosa Law Office, Washington Drive, Legazpi City
Roll No. 98765
IBP No, 12345/1-3-2018/Legazpi
PTR No. 34567/1-3-2018/Legazpi
MCLE Comp. No. IV-0009876, 01/02/18

Copy furnished by registered mail:

Atty. Junna Rodrigez___

Counsel for Petitioner__
Rodriguez Law Office,_
Cruzada, Legazpi City__