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Republic of the Philippines

7th Judicial Region


Regional Trial Court
Branch 12
Cebu City

MGC REYES,
Plaintiff, Civil Case No. 03
For: Collection of
sum of money
-versus-

TGSTI AQUINO,
Defendant.

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

ANSWER

Defendant, through counsel, and in answer to


plaintiff’s complaint, respectfully states that:

1. Paragraphs one (1) and two (2) of the Complaint are


admitted;
2. Paragraphs three (3) to fifteen (15) of the
Complaint are denied for lack of knowledge or
information sufficient to form a belief as to the
veracity or falsity thereof, the allegations therein
being matters known only to and are within the
control only of the plaintiff;
3. Paragraph twelve (12) of the Complaint is denied
insofar as it alleges that the defendant owes the
plaintiff a sum of money and fails to pay the same
with interest, the truth being those alleged in the
special and affirmative defenses part herein below;

SPECIAL AND AFFIRMATIVE DEFENSES

4. On November 28, 2017, Defendant and Plaintiff did


not see each other in 10997 Mambaling, Cebu because
Defendant was at that having a vacation abroad in
Paris, as evidenced by a photocopy of Defendant’s
passport showing the passport stamps indicating
Defendant only returned to Cebu on January 1, 2018.
This document is attached herein as ‘Annex 1’;
5. Defendant never gave the assailed BPI checks nor
signed the assailed promissory notes, and that
Defendant’s signature was forged;
6. That on or about November 25, 2017, Defendant’s
cousin, Bimby Aquino, ransacked his home in 17899
Mambaling, Cebu and Defendant’s mother, Marianne
Aquino, who was also living in his home, reported
the loss of jewelry, checkbooks and several home
appliances as stolen, evidenced by Police Report No.
54321 issued by the Mambaling Police Station on the
same date, attached herein as ‘Annex 2’;

COMPULSORY COUNTERCLAIM

7. By reason of the abuse of right committed by the


Plaintiff and by reason of the instant precipitate
and unfounded suit, the defendant was constrained
to hire the services of a lawyer to defend his rights
and interests for a professional fee of Twenty-
Thousand Pesos (₱20,000.00) and Three Thousand Pesos
(₱3,000.00) per court appearance;
8. Similarly, the plaintiff’s unfounded suit has caused
the defendant mental anguish, wounded feelings,
sleepless nights, serious anxieties, and other
similar sufferings for which the defendant claims
moral damages of One Hundred Thousand Pesos
(₱100,000.00).

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully


prayed to this Honorable Court the dismissal of the
complaint for lack of merit with costs against the
Plaintiff; and that the Defendant’s compulsory
counterclaim be granted, i.e., moral damages of One
Hundred Thousand Pesos (₱100,000.00), attorney’s fees of
Twenty-Thousand Pesos (₱20,000.00), and Three Thousand
Pesos (₱3,000.00) per court appearance and costs of suit.

Other reliefs just and equitable under the premises


are likewise prayed for.

13 April 2018, Cebu City.

ATTY. ANGEL PESQUIRA


Counsel for Plaintiff
123 Street, Cebu City
Roll No. 12345
IBP No. 67890
PTR No. ABC 321 issued on
August 12, 2017 at Cebu
City
MCLE No. 890321 issued on
July 1, 2017 at Cebu City

Copy furnished, in accordance


with Section 11, Rule 13 of the
Revised Rules of Court, by registered
mail, due to shortage of messengerial
services, to:

ATTY. WARREN GOLISAO


Counsel for the Defendant
5th Floor, Ayala Life-FGU Center
Cebu Business Park Cebu, City

ATTY. LEE REYES


Clerk of Court
Regional Trial Court,
Cebu City, Branch 12
Qimonda, Osmeña Blvd.,
Cebu City