Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 416B
Baguio City

PROF E. SSOR Civil Case No. 22-2019CV-

Plaintiff, 416B

-versus– For: Collection of Sum of

Money
DO C. TOR
Defendant.

x-----------------------------x

ANSWER

The Defendant, by the undersigned counsel, to this Honorable

Court and in answer to the Plaintiff’s complaint, most respectfully
avers that:

1. The Defendant admits the allegations in paragraphs 1 and 2 of

the complaint.

2. The Defendant specifically denies under oath the genuineness

and due execution of the Loan Agreement (Exhibit A) attached
to the plaintiff’s complaint stated under paragraph 3 of the
complaint, the truth being that, the plaintiff never gave the
defendant the alleged amount of Five Million Pesos
(P5,000,000.00) and that his signature was forged and he did not
in fact sign the said agreement and that no contract or even
document was executed for that matter; hence, the Defendant
demand strict proof thereof. Assuming the loan agreement
exists, it does not bind much less is there the intention by the
parties to bind the herein Defendant.

3. The Defendant denies the allegations contained in paragraph 4

of the complaint for being speculative and baseless under the
circumstances.
4. The Defendant specifically denies the allegation of the issuance
of a BDO post-dated check (Exhibit “B”) in paragraph 5 of the
complaint, the truth being that, there was no BDO post-dated
check issued by the defendant, that his signature is forged and
that he did not in fact sign the said check and, thus, demand strict
proof thereof.

5. The Defendant admits the averment in paragraph 6 insofar as the

receipt of the demand letter (Exhibit “C”) is concerned but not
the contents thereof.

6. The Defendant has no knowledge or information to form a belief

as to the truth of the averment in paragraph 7 of the complaint
and demand strict proof thereof.

7. The Defendant specifically denies the contentions in paragraph

8 of the complaint, the truth being that, there was no Barangay
Conciliation Proceedings that took place and that a Certificate to
File Action (Exhibit “D”) was not executed. Assuming that a
Certificate to File Action exists, the Defendant is not a party to
that case.

8. The Defendant denies the allegations contained in paragraphs 9,

10, 11 and 12 of the complaint having no knowledge sufficient to
form a belief as to the truth and veracity of the same.

COUNTERCLAIM

Defendant, DO C. TOR allege that:

1. In order to protect the rights and interests of the Defendant, he

solicited the services of counsel for which he obliged himself to
pay the sum of Fifteen Thousand Pesos (P15,000.00) as
acceptance for attorney’s fee plus Five Thousand Pesos
(P5,000.00 ) per appearance in court of counsel and they incurred
and will incur the sum of Ten Thousand Pesos (P10,000.00) as
litigation expenses for which these amounts should be
reimbursed by the plaintiff.

2. By reason of the filing of this instant action, the defendant had

suffered mental anguish, wounded feelings, sleepless nights,
serious anxieties and other similar sufferings for which the same
could be atoned by condemning the plaintiff to pay him the sum
 of Twenty Thousand Pesos (P20,000.00 ) as moral damages and
to give a lesson to the plaintiff and to deter others from doing the
same act, a further sum of Ten Thousand Pesos (P 10,000.00) as
sundry litigation expenses.

WHEREFORE, premises considered, it is most respectfully

prayed that judgment be issued in favor of the defendant and against
the plaintiff, the following:

a. Ordering the dismissal of the complaint with costs against the

plaintiff;

b. Ordering the plaintiff to pay the defendants the following

sums: Twenty Thousand Pesos (P20,000.00) as moral
damages; Ten Thousand Pesos (P10,000.00) as exemplary
damages; Fifteen Thousand Pesos (P15,000.00) as acceptance
for attorney’s fee plus Five Thousand Pesos (P5,000.00) per
appearance in court of counsel and Ten Thousand Pesos
(P10,000.00) as sundry litigation expenses; and

c. Such other reliefs and remedies just and equitable in the

premises.

Baguio City, Philippines, August 28, 2019.

PPT LAW OFFICE

Counsel for the Plaintiff
4 floor, CAP bldg., Post office loop, Baguio City
th
Tel. No. 0908-8976-816
Email Add.: PPTLawOffice@gmail.com

By:

(sgd.) Atty. Camila Angeline M. Tamulong

PTR No.: 0490959 /June 30, 2019 / Baguio City
IBP No.: 12345 / June 30, 2019 / Baguio City
Roll No.: 75555
tamulongcamille02@gmail.com / 0906-737-2047
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, DO C. TOR, of legal age, Filipino Citizen and residing at #02

Pangalawang St., Second Village, Baguio City after first having duly
sworn to in accordance with law depose and say:

1. I am the defendant in the above- entitled case; I have caused

the preparation of the foregoing complaint; and I certify that
the contents therein are true and correct to the best of my
personal knowledge and on authentic documents.

2. I hereby further certify that I have not commenced any action

or proceeding involving the same issue in any tribunal or
agency, to the best of my own knowledge, no such action or
proceeding is pending in any other tribunal or agency and
should I thereafter learn that a similar action or proceeding
has been filed or is pending in Court, I will undertake to
report such fact within five (5) days therefrom to the court
wherein this Petition and this certification have been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 28th day of August 2019 in Baguio City, Philippines.

(sgd.) DO C. TOR
Affiant

SUBSCRIBED AND SWORN TO before me this 28th day of

August at Baguio City, Philippines, Affiant presented to me his SSS ID
No. 254878609.

ATTY. FRANCIS DOMINICK PEDROCHE

ABRIL
Notary Public
Baguio City
Notarial Commission No. 01-2019-416B (21 August
2019)
Doc. No. xx Commission Expires on 31 Dec 2021
Roll No. 108008; 28 June 2018
Page No. 5 IBP No. 0287888; IBP Baguio-Benguet ChaPpter- 01 Jul 2018
Book No. I PTR No. 2651863; La Trinidad- 03 Jan 2019
Series of 2019. MCLE No. VII- 01234; 05 May 2019
Room 208, Juniper Building, Bonifacio Street, Baguio City
afd0410@gmail.com / 0906-968-0910
 CERTIFICATE OF SERVICE

I certify that on 29th of August 2019, the original of this document

was filed with the Clerk of Court; and, a true and accurate copy of this
document was served to the other party through personal service,
addressed to the following:

TO: ATTY. KING ANTHONY M. MONTEREAL

Counsel for Plaintiff
DMO LAW OFFICE
#1 Upper Session Rd., Baguio City

ATTY. CAMILA ANGELINE M. TAMULONG

Counsel for Defendant