Republic of the Philippines

Regional Trial Court

Cebu City
Branch 20

WAYNE JUSTINE D. AGRAMON,

Plaintiffs Civil Case No.
vs. 123456
For: Damages for
B SHIPPING LINES, Breach of Contract of
Defendant Carriage
X-------------------------------------------------X

ANSWER WITH COUNTERCLAIM

COMES NOW, the defendant, through the undersigned counsel and

unto this Honorable Court, most respectfully alleges:

1. That Defendant admits the averments in paragraph 1 and 2 of

the complaint;

2. That Defendant specifically denies the allegation in paragraph 3

of the complaint insofar as it alleges that Defendant received
the shipment clean, the truth being that when petitioner
presented the shipment for transport, the same was already
damaged as evidenced by the foul bill of lading issued by the
carrier’s cargo surveyor Mr. Lakas G. Bagani after inspection
with the remark "damaged goods". Attached herein is a copy of
the foul bill of lading marked as Annex "A".

3. That Defendant specifically denies the allegation in paragraph 4

in so far as it alleges that the broken windshields and dents
were obtained while in transit, the truth being that they were
already damaged when received by the carrier for transport.

4. That Defendant has no knowledge or information sufficient to

form a belief as to the truth of the averments in paragraphs 5,
6,7,8, and 9 of the complaint;

5. That Defendant specifically denies the allegation in paragraph

10 insofar as it alleges that Defendant disregarded the demand
letter of the plaintiff, the truth being that Defendant had already
sent a letter in response. Attached herein is a copy of the reply
letter marked as Annex "B".

By way of counterclaim, defendant alleges:

 6. That by virtue of this unwarranted and malicious act initiated
by the plaintiff, defendant was forced to engage counsel in the
sum of P60,000.00.

PRAYER

WHEREFORE, in view of the foregoing, Defendants most

respectfully pray for the dismissal of the complaint and the award of
counterclaim to them. Other reliefs are likewise prayed for.

EXPLANATION

Copy of this pleading was sent to the opposing counsel through

personal service and received by her on February 19, 2018.

Cebu City, Philippines, February 19, 2018.

Atty. Marie Emily T. Delos Reyes

Counsel for the Defendant
Capitol Site, Cebu City
Roll No. 18188
IBP Lifetime No. 01896, Jan. 30,2018
PTR No. 01188981, Jan. 30, 2018
Issued in Cebu City
MCLE Comp. Cert. No. IV-00818182

Copy Furnished:

Atty. Justine Wayne D. Agramon

Counsel for the Plaintiff
General Maxilom Avenue
Cebu City