Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Quezon City, Branch 1



PEDRO BUHAY,
Plaintiff,
Civil Case No. 123456
For: DAMAGES
- v e r s u s -


JUANCHO MAHUSAY,
Defendant.


x ---------------------------- x


A N S W E R

Defendant, through the undersigned counsel, and in answer to
plaintiffs complaint, respectfully avers:

1. That defendant admits the allegations stated in paragraphs 1,
2, 3 and 4 of the complaint referring to the identities and other
personal circumstances of the parties;

2. That defendant admits part of the allegations in paragraph 5
of the complaint that he was driving his Blue Honda CRV with plate
no. WXY-789 along Primera St., Anonas, Quezon City on June 10,
2010, and denying the time alleged therein, the truth of the
matter is that the defendant was present in the premises at
around 9:00 in the evening;

3. That defendant denies the truth of the allegations in
paragraph 6 of the complaint, the truth of which is that the
defendant was carefully driving the car within a speed
ranging from 25 to 30 kph, which, under normal conditions,
could be considered so safe and manageable as to enable to bring the
car to a full stop when necessary;

4. That defendant denies the allegations in paragraph 7 of the
complaint, the truth of the matter is that the defendant is
neither drunk nor intoxicated beyond the legal limit as it
was evidenced by the result of the Breathalyzer Test
conducted by Mr. Luffy Kun right after the incident and hereto
attached as Annex 1;

5. That defendant denies the allegations in paragraphs 8, 9, 10,
11, 12, 13 and 14 of the complaint the truth is that the reports
were baseless, malicious and perjurious and lacking factual
basis for the plaintiff holds a grudge against the defendant;

6. That the defendant, by way of affirmative defense, alleges:

6.1. That the defendant and the plaintiff are kumpadres
for they are both godfathers in the wedding of Naruto Chan and
Sakura Chan that they both attended on June 8, 2009;

6.2. That plaintiff took advantage of this relationship
when plaintiff went to defendants residence to borrow a sum of
Five Hundred Thousand Pesos (P500,000.00) on January 5,
2010 which according to him, will be used to pay another
person whom he was indebted to because the money that he
was supposed to use for the payment of that debt has not yet
arrived, thus, not yet received;

6.3. That defendants brother, Minato Mahusay, was
present at the time when the plaintiff went to the defendants
house;

6.4. That plaintiff offered his Red Mazda 3 with plate no.
ABC-123 as collateral for such loan and agreed that he will pay
the whole amount on June 10, 2010 with the condition that
failure of the plaintiff to pay will result to the forfeiture of the
collateral as evidenced by our written contract hereto
attached as Annex 2, but such car was agreed by the
defendant to stay in plaintiffs possession;

6.5. That on the maturity date of the loan, the plaintiff did
not made any efforts to contact the defendant regarding the
loan, thus the defendant sent a text message demanding the
plaintiff for the payment of the loan, but to no avail;

6.6. That the defendant made an effort to go to the
plaintiffs residence to personally demand for the payment;

6.7. That upon arrival at the plaintiffs residence to collect
for the payment, the plaintiff, irritated and irate, raised his
voice and said that Pag hindi ka pa tumigil sa kakakulit mo,
makikita mong hinahanap mo. Marami akong kakilalang
pulis at malakas ako dun!;

6.8. That after a heated-up conversation, the plaintiff
went outside their garage, boarded his car, started its engine
and suddenly crashed into their gate which affected the
defendants car which was parked outside their gate;

6.9. That the plaintiff made it appear that what transpired
was defendants fault by fabricating a narrative to cover-up the
issue of payment of his loan from the defendant;

7. As counterclaim against the plaintiff, the defendant alleges:

7.1. That plaintiff loaned a sum of Five Hundred
Thousand Pesos (P500,000.00) which was already matured on
June 10, 2010;

7.2. That the total amount of damage to the defendants
car amounted to One Hundred Thousand Pesos (P100,000.00)
as evidenced by the Insurers Report hereto attached as
Annex 3;

7.3. That defendant was humiliated because of the
actuations of the plaintiff on the formers person causing mental
anguish, serious anxiety and moral shock;

7.4. That in order to vindicate his rights, the defendant
was compelled to litigate, and for the purpose, engaged the
services of the undersigned lawyer for a fee of Fifty Thousand
Pesos (P50,000.00);

WHEREFORE, it is respectfully prayed that judgment be
rendered in favor of the defendant with respect to the:

(1) Amount of the loan in a sum of Five Hundred
Thousand Pesos (P500,000.00);

(2) Amount of actual damages of One Hundred Thousand
Pesos (P100,000.00);

(3) Amount of moral damages of Fifty Thousand Pesos
(P50,000.00);

(4) Attorneys fees of Fifty Thousand Pesos (P50,000.00)

Or total claim and damages in the sum of SEVEN HUNDRED
THOUSAND PESOS (P700,000.00) with legal interest from the date
of filing this suit, plus costs of suit, and such other reliefs as are just
and equitable in the premises are likewise prayed for.

Quezon City, 20 July 2014.


BELEN DUMLAO MACATUNO
PERNITEZ VALMORIA
LAW OFFICE
Counsel for the Defendant
362 FPJ Building Cor. Bagong Silang,
Maligaya, Brgy. Pasong Putik, Quezon City
346-5462


By:


JACKELYN JOY PERNITEZ
Counsel for the Defendant
PTR No. 9876543; 02/08/10; Quezon City
IBP No. 12345, 02/08/10; Quezon City
Roll No. 88888, 05/10/06; Manila City
MCLE Compliance No. IV-623581


And

LIDDY JANE BELEN
Counsel for Defendant
PTR No. 96421; 01/02/14; Quezon City
IBP No. 96421; 12/09/04; Quezon City
Roll No. 64321, 12/09/10; Manila City
MCLE Compliance No. IV-98765


Copy furnished:


AREVALO CUSAIN FONTANILLA
MONTEMAYOR TALAMPAS and ASSOCIATES
NEU COL Bldg., Central Ave., Quezon City

Received by: __________________
Date: _______________________






SUBSCRIBED AND SWORN TO BEFORE ME this 20
th
of
July 2014, in the City of Quezon by herein defendant-affiant with
Passport No. 12345678 issued on January 1, 2013 at Manila City.



NOTARY PUBLIC









Doc. No. : 456
Page : 30
Book No. : 11
Series of 2014