Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 2, Tagum City

MA. VICTORIA DEIPARINE, Civil Case No. CV-2017-123

Plaintiff,
For: Collection of Sum of
-versus- Money with Damages

MICHELLE MAE P. ANDOY

Defendant.
x--------------------------------x

ANSWER

DEFENDANT MICHELLE MAE P. ANDOY, by undersigned

counsel, unto this Honorable Court most respectfully states that:

1. Paragraphs one (1) and two (2) of the Complaint are admitted;

2. Paragraphs three (3) and four (4) 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;

3. Paragraph five (5) 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 hereinbelow;

SPECIAL AND AFFIRMATIVE DEFENSES

1. On May 25, 2015, the Defendant and the Plaintiff did not see
each other because the former was having a vacation in Baguio
City as evidenced by the photocopy of entry/exit of vehicles
monitoring sheet, attached herein, marked as Annex A, and made
an integral part hereto. Such monitoring sheet is issued by the
Gate Security Department of the Subdivision where the Defendant
resides.

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

Three Hundred Fifty Thousand Pesos (350,000.00); that
Defendant did not sign the alleged promissory note; and that
Defendants signature is forged.

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Complaint
 3. On November 5 and November 6, 2015, the Defendant and
the Plaintiff did not see each other because the former visited her
late grandmother in San Pedro, Laguna as evidenced by the
photocopy of entry/exit of vehicles monitoring sheet, attached
herein, marked as Annex B, and made an integral part hereto.
Such monitoring sheet is issued by the Gate Security Department
of the Subdivision where the Defendant resides.

COMPULSARY COUNTERCLAIM

1. 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 Twenty-Thousand
Pesos (20,000.00) and Three Thousand Pesos (3,000.00) per
court appearance;

2. Similarly, the plaintiffs 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).

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
defendants compulsory counterclaim be granted, i.e., moral
damages of One Hundred Thousand Pesos (100,000.00),
attorneys fees of Twenty-Thousand Pesos (20,000.00), 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.

Lipa City, Batangas. December 5, 2015.

DE JESUS, LINATOC, CASTILLO & ASSOCIATES LAW OFFICE

Counsel for the Defendant
2/F GOZOS Building, F. Manalo St., Lipa City, Batangas

By:

TRIVEN P. CASTILLO

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Complaint
 Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Lipa City
IBP Life Member Roll No. 445789/07-08-01 / Lipa City
MCLE Compliance No. III-897656 / 12-10-

VERIFICATION and CERTIFICATION OF NON-FORUM

SHOPPING

I, HAZEL ANNE M. MANALO of legal age, Filipino, married,

and a resident of Blk. 3, Sta. Cruz St., United Homes Subdivision,
Brgy. 2, Lipa City, Batangas, 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 Appeals
or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court

IN WITNESS WHEREOF, I have hereunto set my hand this

December 5, 2015 in Lipa City, Batangas.

HAZEL ANNE M. MANALO

Affiant

SUBSCRIBED AND SWORN to before me this December 5,

2015 in Lipa City, affiant exhibiting to me her drivers license with
No. L03-654321 issued on May 2014, as competent proof of her
identity.

TRIVEN P. CASTILLO
Notary Public
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Complaint
 Valid Until December 31, 2015
Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Lipa City
IBP Life Member Roll No. 445789/07-08-01 / Lipa City
MCLE Compliance No. III-897656 / 12-10-01

Doc. No.: 49
Page No.: 8
Book No.: II
Series of 2015

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Complaint