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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
BRANCH 101, MAKATI CITY

FRANCISCO LACHOWSKI
Plaintiff,
Civil Case No. 0011117
- versus - For: Sum of Money

ANTON JUAN LUNA


Defendant.

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

ANSWER
(With COUNTERCLAIM)

ANTON JUAN LUNA, by counsel, respectfully states that:

Admissions/Denials

1. He admits the contents of paragraph 1 only insofar as to his


personal circumstances.

2. He admits the contents of paragraph 2 only where it states that of


defendant borrowed One Million Two Hundred Thousand Pesos
(P1,200,000.00) in cash.

3. He admits the contents of paragraph 3 insofar as the defendant


executed and delivered a Promissory Note in the amount of One Hundred
Twenty Thousand Pesos (P120,000.00) only but denies having agreed
upon that the entire payment be made within one (1) year.

4. He admits the contents of paragraph 4 to paragraph 9 but denies


the entitlement of plaintiff to the principal amount of P1,200,000.00 when
P600,000.00 has already been paid by defendant.

Counterclaim

5. Defendant reiterates, repleads and incorporates by reference all


the foregoing insofar as they are material and additionally submit that he is
entitled to relief arising from the defamatory statements uttered by the
plaintiff against defendant during their encounter during the Forbes Park
Christmas Party on December 18, 2010 claiming that his utterances
besmirched his reputation and caused him anxiety, mental anguish and
sleepless nights, as follows:

5.1. Moral Damages amounting to One Million Pesos


(PHP1,000,000.00) because his name and reputation were
besmirched by the malicious and slanderous statements
uttered in a public event.
5.2. Attorneys Fees amounting to One Hundred
Thousand Pesos (P100,000.00) because he was compelled to
secure services of counsel to vindicate his legal rights.

WHEREFORE, Defendant respectfully prays that judgment be


rendered in his favor by dismissing the Complaint and granting defendants
counterclaim by awarding defendant: (a) One Million Pesos as Moral
Damages, and (b) One Hundred Thousand as Attorneys Fees.

Other just and equitable reliefs are prayed for.

Makati City; 20 June 2011.

ALEGRE LUNA TRIAS LAW OFFICE


Counsel for Defendant
20th Floor, One Corporate Center
139 Valero corner Sedeo Sts., Salcedo Village,
Makati City 1227, Metro Manila, Philippines
Tel. Nos. 5543351-54 5543734-35 51884833 5154986
Fax No. (632) 5166741 E-mail address: attorneys@bellolaw.com

By:

ANTONIELLA LUISA MARIA L. TRIAS


Roll of Attorneys No. 3063963
P.T.R. No. 3524167, 01/04/2016, Makati City
I.B.P. Lifetime Member No. 02031, Makati Chapter
M.C.L.E. Compliance No. V-00020090, 04/01/15

CERTIFICATION AGAINST FORUM SHOPPING

I, ANTON JUAN LUNA, of legal age, do hereby state that: I am the


defendant in the case filed by FRANCISCO LACHOWSKI for collection of
sum of money; in response, I have caused the preparation of this Answer
with Counterclaim; I have read its contents and affirm that they are true and
correct to the best of my own personal knowledge; I hereby certify that
there is no other case commenced or pending before any court involving
the same parties and the same issue and that, should I learn of such a
case, I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 20 June


2011.

(Sgd.) ANTON JUAN LUNA

EXPLANATION
(Pursuant to Section 11, Rule 13 of the
1997 Revised Rules of Civil Procedure)
Due to lack of personnel to effect personal service, service was made
by registered mail upon the parties as hereinafter indicated by the
corresponding registry receipts.

ANTONIELLA LUISA MARIA L. TRIAS

COPY FURNISHED:

BELLO LAW FIRM


Counsel for Petitioner
17th Floor, One Global Place
Fifth Avenue, Bonifacio Global City
Taguig City 1634, Philippines