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REPUBLIC OF THE PHILIPPINES

SEVENTH JUDICIAL REGION


REGIONAL TRIAL COURT
CEBU CITY, Branch 1

BARNEY STINSON,
Plaintiff,
Civil Case. 00403
For: Sum of Money
-versus-

TED MOSBY,
Defendant,

x----------------------------x
ANSWER
(With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials

1. He admits of the contents of paragraph 1 and 2.


2. He admits the contents of paragraph 3 but only insofar as to the fact that a
demand was made but specifically denies having failed to pay the amount loaned
as explained in the Affirmative Defenses.
3. He specifically denies the contents of paragraph 4 to 7 for the reasons stated in
the Affirmative Defenses.

Affirmative Defenses

4. Defendant reiterates and incorporates by reference all the foregoing insofar as


they are material and additionally submit that the Complaint should be dismissed
because:
4.a. Plaintiff fails to state a cause of action and is a sham pleading.
4.b. On January 1, 2017 defendant has incurred a loan to plaintiff in the
amount of ONE MILIION PESOS (P 1,000,000.00) but has paid FIVE
HUNDRED THOUSAND PESOS (P 500,000.00) on February 1, 2017 and another
FIVE HUNDRED THOUSAND PESOS (P 500,000.00) on March 1, 2017 with a
total of ONE MILLION PESOS (P 1,000,000.00).
4.c. Absent any stipulated interest in the promissory note (Annex A),
defendant has in truth and in fact fully paid his obligation.

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 filing of this malicious and baseless suit, as follows:
5.a. Moral Damages amounting to One Million Pesos (PHP1,000,000.00)
because his name and reputation were besmirched by this malicious and baseless
suit.
5.b. Attorney’s Fees amounting to Fifty Thousand Pesos (P50,000.00)
because he was compelled to secure services of counsel to vindicate his legal
rights.

Prayer

WHEREFORE, Defendant respectfully prays that judgment be rendered in his


favor by dismissing the Complaint and granting defendant’s counterclaim by
awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty
Thousand as Attorney’s Fees.

Other just and equitable reliefs are prayed for.

February 1, 2018.

JAYFORD POWAO
Counsel for Defendant
89 Mindanao Ave., Cebu City 6000, Philippines
Roll No. 64010
IBP No. 1234849 – 12-31-17 – Cebu City
PTR No. 118892 – 12-31-17 – Cebu City
MCLE No. 928293- January 8, 2017

VERIFICATION

I, TED MOSBY, of legal age, after being sworn in accordance with law,
hereby say that:

1. I am the defendant in the above entitled case;

2. I caused the preparation of this answer; and

3. All the allegations contained therein are true and correct based on my
personal knowledge and honest belief.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of


February, 2018 in the City of Cebu, Philippines.

Ted Mosby

Affiant

SUBSCRIBED AND SWORN TO before me on this 1st day of February,


2018, in the City of Cebu, Philippines. Affiant personally known by me.

ATTY. JAYFORD POWAO


NOTARY PUBLIC
Notarial Commission No. 123 – 02
Notary Public for the City of Cebu, San Fernando and Carcar
Valid until 31 December 2018
Sampaguota St. Capitol Site, Cebu City 6000, Philippines
Roll No. 282839
IBP No. 122321 – 12-31-17 – Cebu City
PTR No. 111230074 – 12-31-17 – Cebu City
Copy furnished thru personal service:

Atty. Carmel Genevieve S. Magtibay


Counsel for Plaintiff
21 F Don Pedro Rodriguez St. Capitol Site, Cebu City 6000, Philippines

PROOF OF SERVICE

I, Juan Dela Cruz, messenger for Atty. Jayford Powao herein counsel for
Defendant Ted Mosby, hereby certify that I personally delivered Defendant’s
Answer dated 1 February 2018 to Plaintiff’s counsel Atty. Carmel Genevieve
Magtibay with address 21 F Don Pedro Rodriguez St. Capitol Site, Cebu City
6000, Philippines. The answer was received by Atty. Carmel Genevieve Magtibay
herself.

Juan Dela Cruz

Subscribed and sworn to before me on this 1st day of February 2018, in the
City of Cebu, Philippines. Affiant, personally known by me.

ATTY. JAYFORD POWAO


NOTARY PUBLIC
Notarial Commission No. 123 – 02
Notary Public for the City of Cebu, San Fernando and Carcar
Valid until 31 December 2018
Sampaguota St. Capitol Site, Cebu City 6000, Philippines
Roll No. 282839
IBP No. 122321 – 12-31-17 – Cebu City
PTR No. 111230074 – 12-31-17 – Cebu City