REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Manila
Branch 1
MICHAEL BADIRRI,
Plaintiff,
-versus-

CIVIL CASE NO.

12345
EDIL FRANCISCO,
Defendant.
x--------------------------------------------x
ANSWER
COMES NOW, the defendant, through the undersigned counsel and unto this
Honorable Court, most respectfully avers:

1. That the subject matter of the complaint is specific performance of contract,

and the permissive counterclaim has no relation to such subject matter of the
complaint, as follows:

Plaintiff and defendant entered into a a contract of sale of clothing materials on

or about June 4, 2012, whereby defendant would pay or deliver to plaintiff such

materials worth P300,000.00 and the plaintiff would in turn pay the same, upon such
delivery.

2. Defendant having delivered said clothing materials on July 29, 2012 to

plaintiff, but the latter, notwithstanding repeated demands, both oral and
written, failed and refused to pay the same and still fails and continues to
refuse to pay the purchase thereof, in breach of his obligation.

WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court that, after hearing, judgment be rendered ordering the following:
1. The complaint be dismissed for lack of merit.
2. Under his counterclaim, judgment be rendered ordering plaintiff to pay the
amount of P300,000.00 with legal interests thereon until the principal amount
and interest are fully paid.
3. Such other relief and remedies as may be deemed just and equitable under
the premises are likewise prayed for.

City of Manila, September 27, 2012.

GACUTAN AND SALAZAR LAW OFFICE

Counsel for the Defendant

Suite 258 The Tower

Malate, Manila
By:
ARVIN GACUTAN
Roll No. 98765
IBP No, 12345/1-3-2012/Manila
PTR No. 34567/1-3-2012/Manila

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines )
City of Manila

) S. S.

I, EDIL FRANCISCO, of legal age, Filipino citizen, single and resident of

345 UN Avenue, Manila, after having duly sworn to in accordance with law, do hereby
depose and say:
1.

That I am the defendant in the above-entitled case;

2.

That I have read and caused the preparation of the foregoing Answer and have
read the allegations contained therein;

3.

That all allegations in said Answer are true and correct of my own knowledge and
based on authentic records;

4.

That I hereby certify that I have not commenced any other action or proceeding
involving the same issues in any court, tribunal or quasi-judicial agency and, to the best
of my knowledge, no such other action or claim is pending therein;

5.

That if I should thereafter learn that a similar action or proceeding has been filed
or is pending, I hereby undertake to report that fact within five (5) days therefrom to the
court or agency where the original pleading and sworn certification contemplated herein
have been filed;

6.

That I executed this verification/certification to attest to the truth of the foregoing

facts and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable
Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th day of
September 2012 in the City of Manila.

EDIL FRANCISCO

SUBSCRIBED AND SWORN TO before me this 27th day of September

2012, in the City of Manila, affiant exhibiting to me his GSIS I.D. No. 12345 in the City of
Manila.

Copy furnished:
ATTY. FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Manila
EXPLANATION

Copy of the foregoing ANSWER was served to plaintiffs counsel by registered

mail due to time and distance constraints and for lack of the undersigneds staff who can
serve the same in person.

ARVIN GACUTAN