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BEA GONZAGA,
Defendant.
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ANSWER
COMES NOW, the defendant, through the undersigned counsel and unto
this Honorable Court, most respectfully avers:
1.
2.
That she ADMITS the contents of paragraph 2 only in so far as the amount
of EIGHT HUNDRED THOUSAND PESOS (P 800,000.00) is concerned which
defendant agreed to pay within a period of one year in TWELVE (12) equal
monthly installments at the rate of FIVE (5%) percent interest per month, but
DENIES the rest of the allegations therein and adds that the said amount is not in
the nature of a cash loan as plaintiff would want to make it appear but as a
balance for the purchase of three dump trucks and two pay loaders by defendant
from plaintiff as evidenced by the Deeds of Sale of the said trucks and pay
loaders, copies of which are attached herein as Annexes 1-5 and made an
integral part hereof by reference;
3.
days after purchase and which was then operated by one of plaintiffs employees,
Jumel Tagalicud, whom plaintiff provided for the training of defendants heavy
equipment operators, including Noel Jaoud, whose affidavit is herewith attached
as Annex 7 and made an integral part hereof for reference;
4.
That she DENIES the contents of paragraph 4 the truth being that it is the
defendant who owes plaintiff by way of a refund for the excess amount paid by
defendant after she returned to plaintiff the possession of one of the pay loaders
subject of the sale mentioned above for hidden defects, the inclusion of the same
in the sale defendant now believes to be fraudulent due to lack of any attempt on
the part of plaintiff to negotiate about the condition of the said pay loader and set
the amount of excess at FOUR HUNDRED THOUSAND PESOS (P 400,000.00)
after deducting the amount of the pay loader returned for being defective which is
NINE HUNDRED THOUSAND PESOS (P 900,000.00) from the whole amount of
TWO MILLION THREE HUNDRED THOUSAND (P 2,300,000.00) which
defendant paid plaintiff at the time of the signing of the DEEDS OF SALE
mentioned above;
5.
6.
7.
That plaintiff has no cause of action against defendant and, in fact, it is the
plaintiff who owes defendant the amount of FOUR HUNDRED THOUSAND
PESOS (P 400,000.00) as overpayment made by defendant for the purchase of
the abovementioned equipment;
8.
That plaintiff acted in bad faith in enforcing the promissory note which
defendant has executed despite being fully aware of her inequities as a seller of
defective equipment and even insults defendant by the filing of the complaint on
baseless and puerile grounds;
9.
That defendant is not permitted to profit from her own inequities after
failing to perform her obligations as seller of a pay loader laden with hidden
defects by refusing to replace or at least cause the repair of the said pay loader.
COUNTERCLAIM
Defendant incorporates by way of reference all the foregoing allegations
and as counterclaim avers:
1.
That based on the unjust refusal of plaintiff to replace or at least cause the
repair of the said pay loader, defendant suffered losses in the form of unrealized
profits amounting to TWO HUNDRED THOUSAND PESOS (P 200,000.00);
2.
That since the possession of the said defective pay loader was returned
That, by reason of the baseless and unjust filing of the Complaint at bar,
defendants public reputation and goodwill was greatly impaired for which she
ought to be compensated in the amount of no less than FOUR HUNDRED
THOUSAND PESOS (P 400,000.00);
4.
That, in order to defend herself from the baseless and unjust suit of the
the profits the latter failed to realize on account of plaintiffs refusal to replace or
at least cause the repair of the defective equipment;
2.
3.
of moral damages;
4.
EXPLANATION
Copy of the foregoing ANSWER was served to plaintiffs counsel by
registered mail due to time and distance constraints and for lack of the
undersigneds staff who can serve the same in person.
DARVIN CAMUTAN
VERIFICATION/CERTIFICATION
I, BEA GONZAGA, of legal age, after having been duly sworn in accordance with
law, depose and state that:
1. I am the defendant in the above-stated case;
2. I caused the preparation of the foregoing answer;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;
4. 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;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. 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 other tribunal
or agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
WITNESS WHEREOF, I hereunto set my hand this 17th day of July, 2014 at
Batangas City.
(SGD) BEA GONZAGA
Affiant
SUBSCRIBED AND SWORN TO before me this 17th day of July, 2014 at
Batangas City; affiant having exhibited to me her CTC No. 1434456 issued on 9
February 2014 at Batangas City.
(Sgd.) DARVIN CAMUTAN
Notary Public
Until 31 December 2014
Roll No. 65847
IBP No, 12345/1-3-2014/Batangas
PTR No. 34567/1-3-2014/Batangas
MCLE Compliance No. IV
123456 / 18 June 2014
Doc. No. 3
Page No. 45
Book No. VI
5
Series of 2014