pleading - answer_v02 (pdf).pdf

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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th

Judicial Region

Branch 1

Talisay City

JUAN TIGPATANTO

Plaintiff,

-versus- CIVIL CASE NO. TAL-12342

For: Collection of a Sum of Money

PEDRO PALAUTANGDefendant.

x----------------------------------------/

ANSWER WITH COUNTERCLAIM

Comes now the defendant Pedro Palautang through the undersigned counsel, respectfully

file his answer in response to the complaint of the plaintiff and interpose as well as his

counterclaim against the latter, to wit:

ADMISSIONS / DENIALS

That defendant, Mr. Palautang respectfully alleges the following:

1.

He admits that on the 20th

of May 2013, the defendant entered into a loan in the

amount of Php100,000 with the complainant, Mr. Tigpatanto. That the said loan is

made payable in installments for the period of 10 months with 2% interest per month.

2. He admits that the ATM of the defendant was left in the custody of the plaintiff as a

form of security for the said loan on the 20th of May 2013.

3. Admitted in part that the promissory note remained in the possession of the

complainant but denies that the defendant still has an outstanding balance amounting

to Php36, 000 paid for 3 monthly installments specifically for the month of January,

February and March.

4. That the defendant failed to retrieve the issued promissory note due to his full trust

and confidence towards the complainant considering that he is his long-time

bestfriend. However, the defendant denies the absence of proof of full payment. As

evidence, a copy of defendants bank statement isattached in ANNEX 1.


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AFFIRMATIVE DEFENSES

5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar

as they are material and additionally submit that the complaint should be dismissed

because:

5.1.Defendant claims accord and satisfaction as Defendant alleges that the creditor,

Mr. Tigpatanto accepted payment from the third party (Banco de Oro) for the

alleged debt amounting to P100,000.00 plus 10% monthly interest, a total of

P110,000.00. Thus, the defendant no longer owes anything from the plaintiff as

shown in the defendants bank statement wherein, an amount of P20, 000.00

every 20th day of the month was withdrawn in all instances starting from the

month of June until the month of March. In which, during these ten (10)-month

period, the atm card of the defendant was in the sole possession of the plaintiff

which served as a security for the loan obtained by the defendant from the

plaintiff.

Art. 1233 of the Civil Code provides:

Ar ticle 1233. A debt shall not be understood to have been

paid unless the thing or service in which the obligation

consists has been completely delivered or rendered, as the

case may be.

Thus the obligation of the defendant already extinguished.

5.2.Defendant alleges that the granting of the Plaintiff's demand in the Complaint

would result in Unjust Enrichment, as the Plaintiff would receive more money

than plaintiff is entitled to receive as contemplated in Art. 22 of the Civil Code, to

wit:

Article 22. Every person who through an act of

performance by another, or any other means, acquires or

comes into possession of something at the expense of thelatter without just or legal ground, shall return the same to

him.

5.3.Defendant alleges that Plaintiff's complaint, and each cause of action therein is

barred by the Doctrine of Estoppel since as expressly provided by the promissory

note, the atm card shall only be returned by the plaintiff upon full payment of the

defendant. In which, the plaintiff indeed returned the said atm card after ten


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months of possession as security over the obtained loan without any conditions

provided.

COUNTERCLAIM

6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as

they are material and additionally submit that he is entitled to relief arising from the filing

of his malicious and baseless suit, as follows:

6.1.Moral damages amounting to Twenty thousand pesos (Php20, 000.00) because

this malicious and baseless suit besmirched his name and reputation.

6.2.Attorneys fees amounting toTwenty thousand pesos (Php20, 000.00) because he

was compelled to secure services of counsel to vindicate his legal rights.

PRAYER

WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by

dismissing the complaint and granting defendants counterclaim by awarding defendant:

(a) Twenty thousand pesos as moral damage;

(b) Twenty thousand as Attorneys fees; and

(c) Other just and equitable are prayed for.

Cebu City, Philippines. September 13, 2014.

ATTY. RON STEPHANE P. MAYLON

Counsel for Defendant123 Green Belt Drive, Quiot, Cebu City

IBP No. 921159/01-08-2014/Cebu

PTR No. 2349284/01-08-2014/Cebu

Roll of Attorneys No. 83475MCLE Compliance IV-0090811

Issued on February 8, 2013

Email: [email protected]

Copy Furnished:

ATTY. JO BORCES

Counsel for the plaintiff321 P. Del Rosario Street, Cebu City, Philippines


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VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, Pedro Palautang, of legal age, Filipino and with address at Talisay City, Cebu having

been duly sworn to in accordance with to in accordance with the law hereby depose and say:

1. That I am the Defendant in the above titled case;

2. That I have caused the preparation of the foregoing answer Pleading;

3.

That all the allegations stated therein are true and correct of my own knowledge and

supported by pertinent documents;

4. That I have not commenced any other action or file any claim involving the same

issues in any court, tribunal or quasi-judicial agency and, and to the best of

knowledge, no such other action or claim is pending in them; and

5. If I should learn that the same or similar action or claim has been filed or is pending

after its filing, I shall report that fact within five (5) days from notice to the court or

where the complaint or initiatory pleading has been filed.

Talisay City, 13th

of September 2014.

PEDRO PALAUTANG

Affiant

SUBSCRIBED AND SWORN to before me this 14th day of September at Cebu City

affiant exhibiting to me his Community Tax Certificate No. 123456 issued in Talisay City,

Philippines on20th day of January 2014.

Notary Public

Doc. No.: 12345684

Page No.: 123

Book No.: 125

Series of 2014


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BANCO DE ORO Savings AccountSM City Cebu

Statement Period: June 15 2013-March 2014

Juan Palautang

Talisay City Cebu

Bank Statement Account Number: 12345-6789-01

Date Description Ref. Deposit Withdrawal Balance

2013-06-15 Salary 123454 12,000.00 12,000.00

2013-06-20 ATMW 121344 12,000.00 0.00

2013-07-15 Salary 133545 12,000.00 12,000.00

2013-07-20 ATMW 434234 12,000.00 0.002013-08-15 Salary 875430 12,000.00 12,000.00

2013-08-20 ATMW 123854 12,000.00 0.00

2013-09-15 Salary 130867 12,000.00 12,000.00

2013-09-20 ATMW 123587 12,000.00 0.00

2013-10-15 Salary 123456 12,000.00 12,000.00

2013-10-20 ATMW 987654 12,000.00 0.00

2013-11-15 Salary 247652 12,000.00 12,000.00

2013-11-20 ATMW 187652 12,000.00 0.00

2013-12-15 Salary 156875 12,000.00 12,000.00

2013-12-20 ATMW 123076 12,000.00 0.00

2014-01-15 Salary 124667 12,000.00 12,000.002014-01-20 ATMW 245567 12,000.00 0.00

2014-02-15 Salary 358934 12,000.00 12,000.00

2014-02-20 ATMW 296433 12,000.00 0.00

2014-03-15 Salary 147952 12,000.00 12,000.00

2014-03-20 ATMW 126832 12,000.00 0.00

pleading - answer_v02 (pdf).pdf

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