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Answer - Sum of Money With Damages (Template)

1) Hazel Anne M. Manalo filed an answer to a civil complaint filed against her by Maya Angelou M. Perez for collection of a sum of money with damages. 2) Manalo denied receiving the alleged amount of 350,000 pesos from Perez and claims the signature on the promissory note is a forgery. 3) Manalo is asserting special and affirmative defenses including evidence that she was not in town on the dates the money was allegedly received due to travel, as well as filing a compulsory counterclaim seeking damages and legal fees from Perez.

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Bong Roque
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939 views5 pages

Answer - Sum of Money With Damages (Template)

1) Hazel Anne M. Manalo filed an answer to a civil complaint filed against her by Maya Angelou M. Perez for collection of a sum of money with damages. 2) Manalo denied receiving the alleged amount of 350,000 pesos from Perez and claims the signature on the promissory note is a forgery. 3) Manalo is asserting special and affirmative defenses including evidence that she was not in town on the dates the money was allegedly received due to travel, as well as filing a compulsory counterclaim seeking damages and legal fees from Perez.

Uploaded by

Bong Roque
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


Fourth Judicial Region
Branch 12, Lipa City

MAYA ANGELOU M. PEREZ, Civil Case No. CV-2015-24


Plaintiff,
For: Collection of Sum of
-versus- Money with Damages

HAZEL ANNE M. MANALO,


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

ANSWER

DEFENDANTHAZEL ANNE M. MANALO, by undersigned


counsel, unto this Honorable Court most respectfully states that:

1. Paragraphs one (1) andtwo (2) of the Complaint are admitted;

2. Paragraphs three (3) to five (5) 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 six (6) 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, the truth being those alleged in the special
and affirmative defenses part hereinbelow;

SPECIAL AND AFFIRMATIVE DEFENSES

1. On May 25, 2015, the Defendant and the Plaintiff did not see
each other because the former was having a vacation in Baguio
City as evidenced by the photocopy of entry/exit of vehicles
monitoring sheet, attached herein, marked as Annex “A”, and made
an integral part hereto. Such monitoring sheet isissued by the Gate
Security Department of the Subdivision where the Defendant
resides.

2. The Plaintiff never gave the defendant the alleged amount of


Three Hundred Fifty Thousand Pesos (₱350,000.00); that
Defendant did not sign the alleged promissory note; and that
Defendant’s signature is forged.

3. On November 5 and November 6, 2015, the Defendant and


the Plaintiff did not see each other because the former visited her
Page | 1
Complaint
late grandmother in San Pedro, Laguna as evidenced by the
photocopy of entry/exit of vehicles monitoring sheet, attached
herein, marked as Annex “B”, and made an integral part hereto.
Such monitoring sheet is issued by the Gate Security Department
of the Subdivision where the Defendant resides.

COMPULSARY COUNTERCLAIM

1. 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;

2. 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.

Lipa City, Batangas. December 5, 2015.

DE JESUS, LINATOC, CASTILLO& ASSOCIATES LAW OFFICE


Counsel for the Defendant
2/F GOZOS Building, F. Manalo St., Lipa City, Batangas

By:

TRIVEN P. CASTILLO
Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Lipa City
IBP Life Member Roll No. 445789/07-08-01 / LipaCity
Page | 2
Complaint
MCLE Compliance No.III-897656 / 12-10-01

VERIFICATION and CERTIFICATION OF NON-FORUM


SHOPPING

Page | 3
Complaint
I, HAZEL ANNE M. MANALOof legal age, Filipino, married,
and a resident of Blk. 3, Sta. Cruz St., United Homes
Subdivision,Brgy. 2,Lipa City, Batangas, after having been duly
sworn to in accordance with law, hereby depose and state that:

1. I am the defendant in the above-stated case;

2. I have caused the preparation and filing of the foregoing


Answer and have read the allegations therein, and that they are
true and correct of my personal knowledge and belief and based on
authentic documents;

3. I have not commenced any other action or proceeding


involving the same issues before the Supreme Court, Court of
Appeals or any other tribunal or agency and, to the best of my
knowledge, there is no such action or proceeding pending before
any tribunal;

4. If I should learn that a similar action or proceeding has


been filed or is pending before the Supreme Court, Court of Appeals
or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court

IN WITNESS WHEREOF, I have hereunto set my hand this


December 5, 2015 in Lipa City, Batangas.

HAZEL ANNE M. MANALO


Affiant

SUBSCRIBED AND SWORN tobefore me this December 5,


2015 in Lipa City, affiant exhibiting to me her driver’s license with
No. L03-654321 issued on May 2014, as competent proof of her
identity.

TRIVEN P. CASTILLO
Notary Public
Valid Until December 31, 2015
Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Lipa City
IBP Life Member Roll No. 445789/07-08-01 / LipaCity
MCLE Compliance No.III-897656 / 12-10-01

Doc. No.: 49
Page No.: 8
Book No.: II
Page | 4
Complaint
Series of 2015

Page | 5
Complaint

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