Pineda, Paul Christopher G.

JD3
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH , ANGELES CITY
JOHN DOE, a minor as represented by HELEN DOE
Plaintif
Versus
PETER DOE
Defendant
Civil Case No. XXX
For a sum of money
x------------------------------------------------------------x

ANSWER
1. Defendant by counsel, and to this Honorable Court respectfully states:
2. Defendant admits the portion of paragraph 1 of the complaint regarding the
names, residences and status of the parties, but denies the rest thereof, for
lack of knowledge sufficient to form a belief as to the truth thereof.
3. The defendant admits the existence of the loan agreement between him and
the plaintiff and that it failed to pay the last installment payment of the
agreement but denies the allegation in paragraph 3 of the complaint that the
defendant failed to pay the whole amount of one million (Php 1,000,000.00).
4. To deny the plaintiffs allegations, attached herein are the receipts of
payments (ANNEX A) executed by the plaintiffs representative HELEN DOE
for the series of payments made by the defendant.
5. Assuming arguendo, that the allegations of the plaintiff are true and correct,
the filing of this complaint is premature because of the plaintiffs failure to file
the case before the Katarungang Pambarangay and come up with an
amicable settlement as required by law. Thus in the case Peregrina vs.
Panis, the Supreme Court stated:
Thus, Morata vs. Go, 125 SCRA 444 (1983), and Vda. de Borromeo vs.
Pogoy, 126 SCRA 217 (1983) have held that P.D. No. 1508 makes the
conciliation process at the Barangay level a condition precedent for
the filing of a complaint in Court. Non-compliance with that condition
precedent could affect the sufficiency of the plaintiff's cause of action
and make his complaint vulnerable to dismissal on the ground of lack
of cause of action or prematurity. The condition is analogous to
exhaustion of administrative remedies, or the lack of earnest efforts to

Pineda, Paul Christopher G.

JD3
compromise suits between family members, lacking which the case
can be dismissed.
The parties herein fall squarely within the ambit of P.D. No. 1508. They
are actual residents in the same barangay and their disputes does not
fall under any of the excepted cases."
PRAYER
WHEREFORE, defendant respectfully prays that the complaint be
dismissed for lack of merit and for not complying with the condition
precedent, with cost against the plaintiff.
Defendant further prays for such other reliefs as may be just and
equitable in the premises
Angeles City, Philippines, March 9, 2016
Attorney
Counsel for the Defendant
PTR No. :________________
IBP No,_________________
Roll No._________________
Address:________________

VERIFICATION AND CERTIFICATION

I, PETER DOE, of Legal age, married, Filipino Citizen and a resident of 2010
Mayflower Street, Brgy. Ninoy Aquino Marisol Subdivision, Angeles City,
Philippines, after being sworn according to law, hereby depose and state that;
1. That he has caused the preparation of the foregoing answers with
defenses, and the allegations therein are true and correct of his
personal knowledge and/or based on authentic records.
2. That he further states that the receipt issued by the plaintiff, Annex A
of thus answer are true and correct.
In witness thereof, I, Attorney, counsel of the defendant, have hereunto set
my hand this 9th of March 2016 at Angeles City.

Attorney
Counsel for the Defendant
PTR No. :________________
IBP No,_________________

Pineda, Paul Christopher G.

JD3
Roll No._________________
Address:________________