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Republic of the Philippines
REGIONAL TRIAL COURT
11
th
Judicial Region
Branch ____, Davao City

ANECITA BE
Plaintiff,

-versus-
CIVIL CASE NO. _____
For: Collection of a Sum of Money,
Attorneys Fees and Damages


TERESITA LU
Defendant.



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


ANSWER

COMES NOW the defendant TERESITA LU thru the undersigned counsel, respectfully
alleges:

1. The defendant admits the allegations in paragraphs 1, 2 and 3 of the
complaint;

2. The defendant denies the allegations in paragraphs 10 and 11 of the
complaint. She does not have any knowledge as to any oral and/ or informal
request or any demand for payment on the part of the plaintiff;


3. That she specifically denies under oath the genuineness and due execution of
the alleged Promissory Note (Annex A) and Demand Letter (Annex B)
attached to the plaintiffs complaint;
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4. That the said two documents were fraudulently executed by the plaintiff
ANECITA BE , the defendant TERESITA LU not having executed any such
promissory note in favor of the former, thus, the said promissory note is null
and void;

5. Defendant has no knowledge or information to form a belief as to the truth of
the averment in paragraphs 13,14 ,15 and 16 of the complaint;

By way of special and affirmative defenses, defendant avers:

1. Defendant repleads by reference all the foregoing allegations which are relevant
and material thereto;

2. Plaintiff has no cause of action against herein answering defendant;

3. That the defendant has no obligation , monetary or otherwise to herein plaintiff.


By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act initiated by the plaintiff,
defendant was forced to engage counsel in the sum of P10,000.00.

2. That the defendant was forced to litigate and spent due to this baseless complaint ,
entitling him to actual damages in the amount of fifty thousand pesos
( P 50,000.00) Philippine Currency.

3. That the defendant suffered sleepless nights, mental anguish and emotional
sufferring because of this case entitling them to moral damages in the amount of
fifty thousand pesos ( P 50,000.00) Philippine Currency.
4.


PRAYER

WHEREFORE, it is respectfully prayed that
1. The plaintiffs complaint be dismissed with costs against the plaintiff ;
2. The award of counterclaim will be granted in favor of the defendant;

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3. The defendant further prays for such other relief as the Honorable Court may deem
just and equitable.
This is respectfully submitted this August 11, 2014 at Davao City,Philippines.

EXPLANATION

In compliance with Rule 3, section 11 of the Rules of Court, counsel respectfully explains
that the foregoing Answer will be served and filed thru registered mail due to distance, time
constraints and temporary lack of office messengers.
Davao City, August 11, 2014.



By:
ATTY. ZEHAN LOREN E. TOCAO
Counsel for Defendant
Bajada, Davao City
Roll No. 87832 IBP No. 863992 dated 1-5-10
MCLE Compliance No. 11-00088469


COPY FURNISHED:

ATTY. IZUMAKI NARUTO, CPA
Counsel for the Plaintiff
Rm.1-G, Times Beach Corporate Centre
Ecoland, Davao City



VERIFICATION

I, TERESITA LU, of legal age, Filipino and with address at Purok 1, Penano Street,
Calinan, Davao City, having been duly sworn to in accordance with law hereby depose and say:

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1. That I am the Defendant in the above-entitled case; that I have caused the preparation
of the foregoing Answer Pleading; that all the allegations stated therein are true and
correct of my own knowledge and supported by authentic documents;

2. That I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any 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 other tribunal or agency; that there is no other
action or proceeding which is either pending or may have been terminated, and 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 tribunal or agency, I
undertake to report that fact within five (5) days there from to this Honorable Court.


TERESITA LU

Affiant


SUBSCRIBED AND SWORN to before me this 11
th
day ofAugust , 2014 at Davao City
affiant exhibiting to me her Community Tax Certificate No. 838388 issued in Davao City on
April 8, 2013.



ATTY. ZEHAN LOREN E. TOCAO
NOTARY PUBLIC


Doc. No.________;
Page No.________;
Book No.________;
Series of ________;

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