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ANSWER Collection of Sum of Money


EXERCISE 5
Republic of the Philippines
11th Judicial Region
MUNICIPAL TRIAL COURT
Branch 21
Bansalan, Davao del Sur

GONG YOO BAE,


Plaintiff,
Civil Case No.: 001
- versus - For: Collection of Sum
of Money, Damages and Attorney’s Fees

LEE MIN WHO


Defendant.
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ANSWER

DEFENDANT LEE MIN WHO, by undersigned counsel, unto this


Honorable Court most respectfully states that:

1. 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;

2. 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 herein below;

SPECIAL AND AFFIRMATIVE DEFENSES

1. On December 25, 2017, the Defendant and the Plaintiff did not
see each other because the former was having a vacation in Japan
together with his wife SHAN CHAI WHO as evidenced by the
photocopy of their passports, attached herein, marked as Annex
“A” and Annex “B”, and made an integral part hereto.
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ANSWER Collection of Sum of Money
EXERCISE 5

2. That on February 3, 2018 the plaintiff called the defendant


making oral demands of the said money. The defendant was shocked
to have learned of such loan allegedly obtained by him.

He then checked the said documents and told the plaintiff that he
never executed such loan;

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


TWO HUNDRED TWENTY THOUSAND PESOS (P 220,000.00); that
Defendant did not sign the alleged promissory note; and that
Defendant’s signature is forged;

4. Defendant does not have an SSS account because he never


ever worked in a private company because he is a government
employee. It is impossible for him to have used an SSS ID as can be
seen in the ACKNOWLEDGEMENT section of the said promissory
note;

Attached as ANNEX “C” is a copy of the certification from


SSS Digos that LEE MIN WHO does not have an SSS account at
present.

5. That defendant on 14 March 2018 sent a letter to the plaintiff


denying such allegations and duly received by his secretary
TANGKAG KHO;

Attached as ANNEX “D” is a copy letter

COMPULSARY COUNTERCLAIM

6. 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 Fifty-Thousand Pesos
(₱50,000.00) and Three Thousand Pesos (₱3,000.00) per court
appearance;
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ANSWER Collection of Sum of Money
EXERCISE 5

7. 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).

TIMELINESS

8. That the ANSWER is submitted seasonably, or within the 15 days


from the date of receipt on May 3, 2018, today being May 9, 2018.

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 Fifty-
Thousand Pesos (₱50,000.00), 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.

RESPECTFULLY SUBMITTED, this 9th of May 2018, at


Bansalan, Davao del Sur, Philippines.

MATURA-LOVITOS LAW OFFICE


Counsel for the Defendant
143 Bakakon Street Bansalan, Davao del Sur

By:

VANESSA R. MATURA
Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Bansalan Davao del Sur
IBP Life Member Roll No. 445789/07-08-01 / Bansalan Davao del Sur
MCLE Compliance No. V-897656 / 17-10-01
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ANSWER Collection of Sum of Money
EXERCISE 5

VERIFICATION and CERTIFICATION OF NON-FORUM


SHOPPING

I, LEE MIN WHO of legal age, Filipino, married, and a resident


of Kilometer 69, Barangay Managa, Bansalan, Davao del Sur,
Philippines 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

5. Appeals or any other tribunal or agency, I undertake to


report that fact within five (5) days therefrom to this Honorable Court

IN WITNESS HEREOF, I have hereunto set my hands this 9TH


day of May, 2018 at Bansalan, Davao del Sur, Philippines.

LEE MIN WHO


Affiant
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ANSWER Collection of Sum of Money
EXERCISE 5

SUBSCRIBED AND SWORN to before me this 9th day of May


2018, Bansalan, Davao del Sur, Philippines, affiant exhibiting to me
her GSIS ID NO. 567901, as competent proof of his identity.

VANESSA R. MATURA
Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Bansalan Davao del Sur
IBP Life Member Roll No. 445789/07-08-01 / Bansalan Davao del Sur
MCLE Compliance No. V-897656 / 12-10-01

Doc. No.: 49
Page No.: 8
Book No.: II
Series of 2018.