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Republic of the Philippines

Regional Trial Court


National Capital Judicial Region
Quezon City, Branch XX

Josefina Ramos,
Plaintiff,
Civil Case No.
- versus - For: Collection of Sum
of Money

Dr. Marie Carlos,


Defendant.
x ----------------------------------- x

ANSWER
(With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials

1. He admits the contents of paragraph 4, 5 and 6 only insofar as


the existence of a Promissory Note but specifically denies that he failed
to fulfill her obligation as explained in the Affirmative Defense below.

2. He specifically denies the contents of paragraphs 6 to 17 for


the reasons stated in the Affirmative Defenses below.

Affirmative Defenses

3. Defendant reiterates, repleads and incorporates by reference


all the foregoing insofar as they are material and additionally submit
that the Complaint should be dismissed because:

5.1. The defendant fully paid the amount of PhP


800,000 with interest of 15% per annum to the Plaintiff on
January 22, 2019 as indicated in the receipt, herein attached
as ANNEX “A”.

Counterclaim
6. 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:

6.1. Moral Damages amounting to PhP 200,000


because of humiliation and unjustified vexation by the
plaintiff to the defendant by spreading rumors and posting
several letters in the barangay stating how the defendant
failed to pay the loan even though it was paid on time.

6.2. Attorney’s Fees amounting to PhP 60,000


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
1. dismissing the Complaint, and
2. granting defendant’s counterclaim by awarding defendant
a. PhP 200,000 as Moral Damages, and
b. 60,000 as Attorney’s Fees.

Other just and equitable reliefs are prayed for.

Cainta; October 2019.

[SIGNATURE]
Michael Geoffrey Uy
Counsel for Plaintiff
Roll No. 11303
IBP No. 21222/06-21-21/RIZAL
PTR No. 84560/06-22-21/RIZAL
MCLE Compliance No. Z-2493592
123, A Building, Legazpi Street, Legazpi Village
Makati City, Philippines 1229
VERIFICATION & CERTIFICATION AGAINST FORUM
SHOPPING

I, Dr. Marie Carlos, of legal age, do hereby state that: I am the


defendant in the case filed by Josefina Ramos for a 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 specifically deny
the genuineness and due execution as well as the binding effect of the
actionable documents pleaded by plaintiiff; 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


October 1, 2019

[SIGNATURE]
Dr. Marie Carlos

SUBSCRIBED AND SWORN TO before me in the City of Cainta


on this day of October 2019, affiant exhibiting before me his
Government Issued ID no. 1234 issued on 2017 at Cainta, Rizal.

[SIGNATURE]
Norman Notary
Notary Public
Until 2020
PTR No. 123124
Issued at Cainta,
Rizal
On 2015

Doc. No.
Page No.
Book No.
Series of 2019
Copy furnished through personal service:

Atty. Heracleo Ross P. Zafranco


Counsel for Plaintiff
Roll No. 11303
IBP No. 21222/06-21-21/Rizal
PTR No. 84560/06-22-21/Rizal
MCLE Compliance No. Z-2493592
48th Flr, RCBC Plaza, Ayala Ave.,
Makati City, Philippines

Republic of the Philippines )


City of _______________ ) s.s.

AFFIDAVIT

I, Kyra Sy-Santos , a messenger of Michael Geoffrey A. Uy, with


office address at 123, A Building, Legazpi Street, Legazpi Village
Makati City, Philippines 1229 after being duly sworn, deposes and
states:

That on October 5, 2019, I served a copy of the following


pleadings/papers by registered mail in accordance with Section 10,
Rule 13 of the Rules of Court:

Nature of Pleading/Paper
Answer with Compulsory Counterclaim

in Case No. XX entitled Ramos v. Carlos by depositing a copy in the


post office in a sealed envelope, plainly addressed to Josefina Ramos
at 48th Flr, RCBC Plaza, Ayala Ave., Makati City, Philippines with
postage fully paid, as evidenced by Registry Receipt No. 2131 attached
and with instructions to the post master to return the mail to sender
after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this


Affidavit on October 6, 2019 in the City of Cainta, Philippines.
[SIGNATURE]
Kyra- Sy Santos
Affiant

SUBSCRIBED AND SWORN TO before me in the City of Cainta


on this day of October, 2019, affiant exhibiting before me his
Government Issued ID no. 12312 issued on 2017 at Cainta, Rizal.

[SIGNATURE]
Norman Notary
Notary Public
Until 2020
PTR No. 123124
Issued at Cainta,
Rizal
On 2015

Doc. No.
Page No.
Book No.
Series of 2019.