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Republic of the Philippines

REGIONAL TRIAL COURT


12th Judicial Region
Branch 20
Tacurong City

CAROLINE L. TABAMO,
Plaintiff, CIVIL CASE. NO. _____

-versus-
FOR: COLLECTION OF SUM
AILEEN P. DORING OF MONEY, ATTORNEY’S FEES
Defendant.
x------------------------------------x

ANSWER

COMES NOW, Defendant, assisted by the undersigned counsel and


unto the Honorable Court, respectfully states:

1. That the Defendant admits paragraphs 1 and 2, as to the personal


circumstances of the parties;

2. That the Defendant denies paragraph 3, for she never borrowed


money from the Plaintiff in the year 2013 or in the year 2014. While
the Defendant was indebted to the Plaintiff in the amount of P
350,000.00, the same was incurred in the year 2008 and was
thereafter paid in the year 2009;

3. That the Defendant admits paragraphs 4 to 7, that she received


several demands from the Plaintiff, the same however, were not
taken for granted for as what the Defendant alleged the said
obligation incurred by her last January 10, 2008 was already
settled. Proof hereto attached and marked as Annex "1", is the
receipt dated January 28, 2009 duly signed by the Plaintiff; That the
said receipt was even presented to the Plaintiff when the above-
entitled case was referred to the Lupon of Barangay Poblacion,
Tacurong City; If the Plaintiff is referring to the debt or loan other
than that, the Defendant vehemently denies the existence of such
debt as she never incurred or contracted debt from the Plaintiff aside
from that debt in the year 2008 which was paid on the following
year;
4. That the Defendant denies paragraph 8 and 9 for lack of personal
knowledge, as to the expenses incurred by the Plaintiff;

SPECIAL AND AFFIRMATIVE DEFENSES

5. That while there is truth, as to the claim of the Plaintiff that the
Defendant was indebted to her in the amount of Php 350,000.00,
however, the said debt was already paid and settled by the
Defendant, as evidenced by the receipt duly signed by the Plaintiff;
Copy of which was previously marked as Annex "1";

6. That the Defendant has never borrowed money from the Plaintiff
aside from that one which was already settled; If indeed the
Defendant incurred another obligation from the Plaintiff, the latter
should have presented any evidence or proof of indebtedness; Worth
to note in the Complaint, however, there was no document attached
thereto evidencing that indeed the Defendant was indebted to her;

7. That the Plaintiff could not merely declare and allege that the
Defendant borrowed money to her considering the amount she is
claiming in her Complaint; she should have attached proof thereto
to substantiate and support her claim;

8. That as what the Defendant declared if she was indeed indebted to


the Plaintiff the same was however been paid long time ago; and that
by reason of the said payment, the above-entitled case should
therefore be dismissed; If the Plaintiff is referring to another loan
allegedly contracted by the Defendant, the same should likewise be
dismissed for there is no proof to that and that the Defendant
categorically denies the same;

9. That there being no proof evidencing the claim of the Plaintiff it can
be inferred that this case is simply intended to harass and destroy
the reputation of the Defendant;

10. That by reason of this case the Defendant suffered sleepless


nights and besmirch reputation and furthermore has to engage the
services of a counsel to protect her name and her rights:
WHEREFORE PREMISES CONSIDERED, it is most respectfully
prayed of the Honorable Court that this case be dismissed for lack of cause
of action for if the Defendant was indeed indebted to the Plaintiff the said
indebtedness was already settled and paid long time ago.
The Defendant likewise prays that the Plaintiff be ordered to pay the
following amount:
A. Php 50,000.00 for moral damages:
B. Php 5,000.00 for actual damages:
C. PHP 10,000 for nominal damages:
D. 10,000.00 for exemplary damages so set as an example for
others not to file similar case;
Defendant further prays for such other relief as may be granted
under the law.
March 29, 2018 at Isulan, (for Tacurong City) Sultan Kudarat.

NELIE G. CONSEBIT
Counsel for the Defendant
PTR No. SK 1599891 1/02/18
IBP No. 824958 1/02/18
Roll No. 50208
TIN 742-815-133
Isulan, Sultan Kudarat
MCLE V Compliance No. 23515

VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING
I, AILEEN P. DORING, of legal age, Filipino, and a resident of Purok
Rosal, Barangay New Carmen, Tacurong City, after having been duly sworn
to an oath in accordance with law, do hereby depose and says:

1. That I am the Defendant of this case;

2. That I have caused the preparation of this Answer;

3. That I have read and understood the contents of this


Answer;

4. That I have not commenced any action involving the same


issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any tribunal or agency and if
should I learn thereafter that there is such other action or
proceeding involving the same issues before the Supreme
Court, the Court of Appeals or different divisions thereof,
or any other tribunal or agency, I hereby undertake to
promptly inform the court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this


28th day of March 2018 at Isulan, Sultan Kudarat.

AILEEN P. DORING
Affiant
ID No. ----------

SUBSCRIBED AND SWORN to before me this 28th day of


March 2018 at Isulan, Sultan Kudarat.

NELIE G. CONSEBIT
Notary Public
PTR No. SK 1599891 1/02/18
IBP No. 824958 1/02/18
Roll No. 50208
TIN 742-815-133
Isulan, Sultan Kudarat
MCLE V Compliance No. 23515
Copy furnished:

MARIE GEORGINE M. GESALAN


Counsel for the Plaintiff
Tacurong City

RECEIPT
Received from Aileen P. Doring the amount of THREE
HUNDRED FIFTY THOUSAND PESOS (P 350,000.00)
representing her payment for the debt she owed me.

This January 28, 2009 at Tacurong City.

CAROLINE L. TABAMO
(Signed)

Conforme:

AILEEN P. DORING
(Signed)