Republic of the Philippines

MUNICIPAL TRIAL COURT

Branch 03
General Santos City

THOR ODINSON, Civil Case No. 7246-3

Plaintiff,
For: Collection of Sum of
-versus- Money with Damages

BRUCE BANNER,
Defendant.
x--------------------------------x

ANSWER

DEFENDANT BRUCE BANNER, 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) Complaint is 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 nine (9) 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 15, 2019, 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 Philippine Airline Boarding Pass,
attached herein, marked as Annex “A”, and made an integral part
hereto.

2. The defendant never obtained a loan with the alleged amount

of One Hundred Twenty Thousand Pesos (₱120,000.00); that
Defendant did not sign the alleged promissory note; and that
Defendant’s signature is forged.

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
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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.

General Santos City, September 7, 2019.

ATTY. RONIEL V. CEDENO

Counsel for the Defendant
Blk 4, Lot 33, VSM 1 Subd. Gen. Santos City

By:

LEBRON JAMES
Roll of Attorney No. 75969
PTR No. 123456; 01-02-01 /GSC
IBP Life Member Roll No. 46789/07-08-01 / Gen. Santos City
MCLE Compliance No. III-897656 / 12-10-01

VERIFICATION and CERTIFICATION OF NON-FORUM

SHOPPING

I, BRUCE BANNER of legal age, Filipino, married, and a

resident of Prkn18, Nursery Road Brgy Lagao General Santos City,
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;

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 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

September 7, 2019 in General Santos City.

BRUCE BANNER
Affiant

SUBSCRIBED AND SWORN to before me this September 7,

2019 in General Santos City, affiant exhibiting to me his driver’s
license with No. L03-654321 issued on May 2017, as competent
proof of her identity.

BRUNO MARS
Notary Public
Valid Until December 31, 2019
Roll of Attorney No. 45960
PTR No. 123456; 01-02-01 / General City
IBP Life Member Roll No. 445789/07-08-01 / General
Santos 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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