Republic of the Philippines REGIONAL TRIAL COURT BRANCH 40 Quezon City

Michael Romero, Plaintiff, -versusMario Dinglasan, Defendant. X----------------------------------X ANSWER DEFENDANT, MARIO DINGLASAN, to this Honorable Court, by way of answer to the complaint respectfully states: 1. Defendant admits that par.1 of the complaint regarding the names, residences and status of the parties. 2. Defendant admits paragraph 2 of the complaint. 3. Defendant denies under oath that Eight Million worth of equipment was delivered on February 16, 2012. The truth and in fact only Four (4) Million worth of equipment was delivered on said date. True copy of delivery receipt attached herewith as Annex-1. 4. The other half of the Eight million worth of equipment which also supposed to be delivered on the said date never arrived; hence only 4 million worth of equipment was actually delivered on February 16, 2012 at the defendants address. 5. Assuming without admitting, arguendo, that the defendant has not remitted One Million to the plaintiff, no written demand has been made prior to the filling of this complaint. 6. Assuming without admitting, finally, that the defendant owes the plaintiff 1 million pesos, said amount is covered by the deposit made by the defendant which served as advance payment for equipment to be delivered by the plaintiff. True copy of official receipt is attached herewith as Annex-2. By way of COMPULSARY COUNTERCLAIM, answering defendant alleges: 9. The allegations in paragraph 1 to 8 are hereby repleaded reproduced and reiterated; 10. The instant suit against answering DEFENDANT is malicious and groundless, PLAINTIFFS precipitate action has caused him to suffer mental anguish, serious anxiety, embarrassment, and humiliation, including besmirched reputation for which he should be entitled to a grant of moral damages, although the amount is not capable of pecuniary estimation, should not be less than Php 50,000.00; Civil Case No.___________

11. PLAINTIFFS reckless and wanton attitude in filing the present action against answering DEFENDANT should be castigated to deter other persons from acting in the same manner, and entitle the latter exemplary damages, which amount is left to the sound discretion of the Honorable Court; 12. Answering defendant by reason of the baseless and unwarranted complaint was forced to secure the services of counsel to defend his interest, against PLAINTIFFS nasty action, incurring legal expenses of not less than Php 50,000.00 exclusive of appearance fees of Php 2,000.00 per court hearing. WHEREFORE, premises considered, answering defendant respectfully prays that the Honorable Court:
1. 2.

Order the dismissal of the complaint against answering defendant Mario Dinglasan. Order the plaintiff to pay answering defendant Mario Dinglasan damages of not less than Php 50, 000 with exemplary damages as the Honorable Court may find reasonable and Attorneys fees not less than Php 50, 000 excluding Php 2, 000 per court appearance, including cost of suit.

Answering defendant further prays for such other reliefs as may be just and equitable in the premises. Pasig City,

Atty. Lawrence Villamar Counsel for Mario Dinglasan Espera and Villamar Law Office Address: Shaw Blvd. Pasig City Roll No.__________________ IBP no.______________issued on_________at_____________ PTR no.______________issued on___________at__________.

VERIFICATION

Defendant, of legal age, after having been duly sworn, deposes and say:

1. That he has caused the preparation of the foregoing answer with defences, and the allegation therein is true and correct of his personal knowledge and based on authentic records. 2. That he further states allegation in paragraph 3 is a not true. Executed this ____ day of _____, 2012 at Pasig City. Mario Dingalsan Affiant

SUBSCRIBED AND SWORN to before me, a notary public in and for Pasig City, this day of_____ at Pasig City, Philippines, affiant appearing before me with his CTC No. 00014344 issued on January 15, 2012 at Pasig City and presenting to me a document entitled Answer, affiant is identified by the notary public through his officially issued SSS identification card bearing his photograph and signature and who signed said document in my presence and sworn as to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.

ATTY. LAWRENCE VILLAMAR Notary Public Until Dec. 31, 2013 Doc. No._______ Page No._______ Book No._______ Series of 2012

AFFIDAVIT OF PERSONAL SERVICE

I, Carmi Digno, of legal age and having been duly sworn depose and say: That I am the messenger of Atty. Roel Espera or the firm Espera-Villamar-Bataller and Associates, counsel for Mario Dingalsan in case entitle__________, Civil Case No.__________, and that such messenger I served upon the counsel of the adverse party and other parties, the pleading filed in said case, as follows: Atty. Bianca Perez, counsel for Michael Romero, by personal service by delivering personally copy of said pleading upon said lawyer who acknowledge receipt hereof as shown by her signature on said pleading, this_____ day of_____. IN WITNESS WHEREOF, I have signed this affidavit this day of__________ at__________.

CARMI DIGNO Affiant

SUBSCRIBED AND SWORN to before me, a notary public in and for Pasig City, this day of_____ at Pasig City, Philippines, affiant appearing before me with his CTC No. 00014344 issued on January 15, 2012 at Pasig City and presenting to me a document entitled Answer, affiant is identified by the notary public through his officially issued SSS identification card bearing his phograph and signature and who signed said document in my presence and sworn as to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.

ATTY. ROEL ESPERA Notary Public Until Dec. 31, 2013 Doc. No._______ Page No._______ Book No._______ Series of 2012