Regional Trial Court Tenth Judicial Region Branch__ Iligan City
ABC, Complainant,
-versus-
DEF, Defendant,
x-------------------------x
CIVIL CASE No.____
For: Sum of Money
ANSWER
COMES NOW, defendant, by counsel, under oath do hereby depose and state:
ADMISSION/DENIAL
1. He admits the allegations contained in paragraph 2;
2. He is without knowledge or information sufficient to form a belief as to the truth in the allegations set forth in paragraph 4;
3. He specifically denies as to the allegations set forth in paragraph 3, 5, and 6. That in truth and in fact, defendant only owes complainant a certain sum of money amounting to THREE HUNDRED PESOS (Php 300,000.00) and such debt was already paid by defendant sometime June 2, 2013 as evidenced by the receipt (Herein attached as ANNEX 1); that although defendant have received a copy of the final demand letter (Herein attached as ANNEX 2) he just ignored it due to the fact that the debt has long been paid; that defendant have not appeared in the said mediation and conciliation proceeding for all he thought that it would be useless for him to go as because the debt has already been paid;
Page 2 of 4
SPECIAL and AFFIRMATIVE DEFENSES
4. That complainant has no cause of action in the foregoing complaint for sum of money;
4.1 That for complainant to have a cause of action against the defendant, according to the law, one must establish that: (1) there is an existing debt; (2) such debt is due and demandable; (3) there has been a demand for the collection of debt; and (4) that the debt has not been paid;
4.2 In the foregoing instance, such allegations are futile for the defendants debt was lng ago paid by him, even prior to the arrival of the said due date stated in the acknowledgement receipt (Herein attached as ANNEX 3);
PRAYER
WHEREFORE, defendant respectfully prays from this Honorable Court to render judgment in his favor and order complainant to pay him FIFTY THOUSAND PESOS (Php 50,000.00) as moral damages and NINETY THOUSAND PESOS (Php 90,000.00) as attorneys fee.
Defendant now also prays for other and further relief as may be deemed just and equitable in the premises.
Atty. Juan dela Cruz Notary Public Pala-o, Iligan City Roll No. xx1 IBP No. xxx5 PTR No. xx3 MCLE NO. xx7
Page 3 of 4
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, DEF, of legal age, under oath, hereby depose and say:
I am the defendant in the foregoing complaint for sum of money;
I have caused the preparation of the said complaint and have read and understood the same;
I hereby affirm that all the factual allegations in the said complaint are true and correct as to my personal knowledge and belief; as well as true and correct on the basis of the authentic documents and records in my possession;
I certify that I have not heretofore commenced any action or have filed any claim involving the same issue in any court, tribunal, or quasi-judicial agency;
If I should have hereafter know of other similar actions or claim which is pending to any other court, tribunal, or quasi-judicial agency, I shall report said fact or knowledge within five (5) days from my knowledge to the Honorable Court.
DEF Affiant
SUBSCRIBED and SWORN to me this 9 th day of July, 2014. Affiant appeared personally and exhibiting to me his Community Tax Certificate bearing no. XYZ0001 issued on July 01, 2014 at Iligan City.
Doc No. Page No. Book No. Series of 2014. Atty. Juan dela Cruz Notary Public Pala-o, Iligan City Roll No. xx1 IBP No. xxx5 PTR No. xx3 MCLE NO. xx7 Page 4 of 4
Copy furnished:
Atty. John Doe Counsel for Plaintiff Pala-o, Iligan City