REPUBLIC OF THE PHILIPPINES

6th JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 24
Iloilo City

SHARMAINE IBULGAR
Plaintiff, CIVIL CASE NO: 30129

- versus - FOR:

DAMAGES BASED ON
VICTORIA SECRETO BREACH OF CONTRACT
Defendants.

X------------------------------------------------------------------X

ANSWER

COMES NOW, Defendants VICTORIA SECRETO, by the

undersigned counsel, in the above-entitled case and before this
Honorable Court most respectfully submits this ANSWER and aver that:

STATEMENT OF THE CASE

1. This is a case for Breach of Contract founded allegedly on

Plaintiffs’ claim of that defendant’s failed to deliver the
services that the plaintiff required;

2. Defendants received a copy of the Complaint and Summons

on January 10, 2019 giving her until January 25, 2019 to file
Defendant’s Answer;

ADMISSIONS AND DENIALS

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3. Defendant admit Paragraphs 1 and 2 of the Complaint in so
far as the personal circumstances of the parties involved;

4. Defendant admit paragraphs 3, 4, 5, 6 and 7 in connection

with entering into contract with the plaintiff and receiving the
amount of Two Hundred Fifty Thousand Pesos (Php
250,000.00) as down-payment for the wedding and the
additional Two Hundred Fifty Thousand Pesos last November
17, 2017 as the last payment of the plaintiff for the wedding.

5. Paragraph 8 of the complaint is admitted with qualification.

The plaintiff erroneously told this court that the defendant
received a third payment from the plaintiff in the amount of
Two Hundred Fifty Thousand Pesos last November 18, 2017
for the reason that the defendant’s bag was robbed and the
money from second payment was taken. The defendant admit
that she was rob at Robinson’s Jaro last November 2017 and
the money was taken but the defendant never received
another payment from the plaintiff. The defendant told the
plaintiff that her last payment was robbed and was taken by
the robber and asked the plaintiff for forgiveness due to the
defendant’s negligent. The plaintiff told the defendant that,
that was the last money of the plaintiff and she cannot give
anymore to the defendant. Due to the circumstances that
happened the defendant promise the plaintiff that she will do
everything so that she could give the plaintiff the wedding of
her dream even with the limited amount of money and asked
the plaintiff if she the defendant can change some details in
the wedding plan so that the expenses is within their remaining
budget and the plaintiff agreed with the defendant as long as
the wedding is successful;

6. Paragraph 9 and 11 of the Complaint is specifically deny by

the defendant. The plaintiff failed to contact the defendant last
December 10, 2017 for the reason that the defendant’s phone
was also inside her bag that was taken from her when she was
robbed at Robinson’s Jaro and the defendant informed the

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plaintiff of this circumstance. Also the message of Jilly Been
to the plaintiff is full of malicious intent because of her jealousy
against the defendant for the reason that the defendant was
the one who the plaintiff hired and not Jilly Been who is also a
wedding coordinator;

7. Paragraph 10 of the Complaint is admitted with a

qualification. Defendant Victoria Secreto admitted that she
called plaintiff Sharmaine last December 10, 2017 to tell her
that her husband Ruwelo would not be able to attend her
wedding due to family emergency, but defendant never told
the plaintiff that there was a cancellation with the band and the
catering service that she reserved for the wedding. What she
told the plaintiff was that the band was double book that day
and they will be late in playing in her reception for an hour. But
defendant reassured the plaintiff that the band promise to play
and to compensate the plaintiff, the band offered to deduct
their lateness from their talent fee. Regarding to the issue with
the catering service, the defendant never told the plaintiff that
the caterer cancelled their reservation days before the
wedding. What she told the plaintiff was that the caterer asked
the defendant if they could change the two in the five main
course that they have agreed upon due to shortage of
ingredients. To support this, defendant herewith attached her
conversation with the band manager and the owner of the
catering service via text messages and emails. Copy of her
conversation is attached hereto as Annex “1”;

8. Paragraph 12 of the complaint is admitted by the defendant.

The flowers that was supposed to be inside the church was
cancelled by the defendant’s due to their price is so expensive
because the flowers still needed to be imported from outside
the Philippines. The flower that the bride had chosen is called
Juliet Rose. Copy of picture of Juliet Rose is attached hereto
as Annex “2”;

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 9. Paragraph 13 and 14 of the complaint is specifically deny
by the defendants. The missing foods during the reception
was the catering service fault and liability and not of the
defendant’s. The defendant’s paid the caterer the amount that
they asked. It was also the caterer’s responsibility to make the
cake that the plaintiff designed because this is part of their
wedding package. The defendant paid the plaintiff in check.
Copy of the said check is attached hereto as Annex “3”;

10. The plaintiff should not have instituted this instant action
against the defendant’s and instead should have ran against
the catering service because it was them who did not comply
their obligations with the Plaintiff;

AND BY WAY OF COUNTERCLAIN

11. Due to the Complaint filed by Plaintiff with no sufficient bases,

herein Defendants both suffered mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings,
moral shock, and social humiliation. Defendants are
suffering from pain – both physical and otherwise – and
though moral damages may be beyond pecuniary
estimation, these may well be assessed for each Defendant
at an amount left to the kind of discretion of this Court. Our
New Civil Code on Damages specifically provides the
following legal bases for this counterclaim of Defendants, to
wit:

“Article 2217. Moral damages include physical suffering,

mental anguish, freight, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social
humiliation and similar injury Xxx (Emphasis supplied)”

12. Furthermore, as a consequence of the groundless suit of this

Complaint, Defendants were forces to engage the services of the
undersigned attorney for which Defendants agreed to pay the sum
of Thirty Thousand Pesos (PhP30,000.00), Philippine currency as

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 Attorney’s Fees and the amount of Two Thousand Pesos
(PhP2,000.00), Philippine currency, as Appearance Fee for each
hearing in court.

P R A Y E R

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that judgment be rendered as follows:

1. DISMISSING THE CASE for failure to state cause/s of action and

violation of the certification against forum shopping;

2. ORDERING Plaintiff to pay herein Defendants the following, to

wit:
2.1 Attorney’s Fees since Defendants were compelled
to hire the services of the counsel for an agree sum of Thirty
Thousand Pesos (PhP30,000.00), Philippine currency as
Attorney’s Fees and the amount of Two Thousand Pesos
(PhP2,000.00), Philippine currency, as Appearance Fee for
each hearing in court;

2.2 Judicial costs and litigation expenses in the sum of

Ten Thousand Pesos (PhP10,000.00),Philippine Currency;
and

3. AWARDING Defendants moral and exemplary damages in the

amount left to the sound discretion of this Honorable
Court.

Defendants further pray for such other reliefs which are just and
equitable under the premises.

SUBMITTED.
Iloilo City, Philippines, January 17, 2019.

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 CHRISTIE JOI C. NAVALLASCA
Counsel for the Defendant
nd
2 Flr., Rm 9, Jamerlan Building
Iznart Street, Iloilo City Tel. No. 330-38-15
PTR No. 5294351/January 4, 2017/Iloilo City
IBP ID NO.1017323/January 4, 2016/Iloilo City
Attorney’s Roll No. 81795
MCLE CERTIFICATE of COMPLIANCE dated 1-
20-2017 under MCLE Compliance No. V-00881795

VERIFICATION/CERTIFICATION

I, VICTORIA SECRETO, of legal age, married, Filipino and a

resident of Passi City, Iloilo, Philippines, after having been duly sworn in
accordance with law, hereby depose and state:

That I am the plaintiff in the above entitled complaint; That I have

caused the preparation of the foregoing Complaint; That I have read and
understood the contents thereof; That all the allegations contained therein
are true and correct based on my personal knowledge and/or available
authentic records;

That I hereby further certify that I have not commenced any other
action or proceeding involving the same issues in the Supreme Court, the
Court of Appeals or other tribunal or agency; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals or any tribunal or agency; that, if there is any such
action or proceeding which is either pending or may have been
terminated, I must state the status thereof and that if I should thereafter
learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals or any other tribunal or
agency, I undertake to report such fact within five (5) days to the court or
agency wherein the original pleading and sworn certification
contemplated herein have been filed.

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 IN WITNESS WHEREOF, I have hereunto affixed my signature
this January 17, 2019, Iloilo City, Philippines.

VICTORIA SECRETO
Affiant

SUBSCRIBED AND SWORN to before me this January 17, 2019

at the City of Iloilo, Philippines, Affiant exhibited to me her Philippine
Passport with No. P8912413B, Iloilo. I hereby certify that I have personally
examined the affiant and I am satisfied that he voluntarily executed and
understood the foregoing statements.

ATTY. RYAN Y. MANTAC

Doc. No.: 125 NOTARY PUBLIC, CITY AND PROVINCE OF ILOILO
Page No.: 25 NOTARIAL COMMISSION REG NO 110
Book No.: XXVI ISSUED ON APRIL 28, 2018, ILOILO CITY
Series of 2019 FOR A TERM EXPIRING DECEMBER 31, 2021
RM. 9, JAMERLAN BUILDING, IZNART ST. ILOILO CITY
PTR No. 5294351/January 4, 2018/Iloilo City
IBP ID NO.1017323/January 4, 2016/Iloilo City
Attorney’s Roll No. 42796

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