Republic of the Philippines

6TH JUDICIAL REGION

Municipal Trial Court
Branch 9
Iloilo City

KIM LAWRENCE
GALANTO , Civil Case No.2019-123
Plaintiff FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
- versus -

YVONY ORTIGAS,
Defendant
x -----------------------x

ANSWER

Defendant, YVONY ORTIGAS, by undersigned counsel, unto this

Honorable Court most respectfully states that:

1. Paragraphs one (1) to five (5) of the Complaint are admitted;

2. Paragraphs six (6) and seven (7), defendant admits receiving written
demand; defendant denies the remaining allegations in this paragraph;

3. Paragraphs eight (8) to ten (10) 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;

SPECIAL AND AFFIRMATIVE DEFENSES

1. On February 2, 2019, the Defendant and the Plaintiff did not see each
other because the former was having a vacation in her hometown in Barotac
Nuevo.

2. On March 4, 2019, the Defendant and the Plaintiff saw each other
because the defendant went to the home of the plaintiff to request for a
longer period to pay for the remaining balance to which the plaintiff agreed
to.

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 3. That there was a verbal agreement between the Defendant and the
Plaintiff that the Defendant will pay the full remaining balance within two
(2) months from the date of said meeting.

4. That it was agreed upon by both parties that no suit shall be filed until
the day of the agreed extension of the payment.

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 Two
Thousand Pesos (₱2,000.00) per court appearance;

2. 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).

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 Twenty-Thousand Pesos
(₱20,000.00), and Two Thousand Pesos (₱2,000.00) per court appearance
and costs of suit.

Other reliefs just and equitable under the premises are likewise prayed
for.

Iloilo City, Philippines. March 25, 2019.

OQUENDO LAW OFFICE

Counsel for the Defendant
2/F ABC Building, F. Manalo St., Pavia

By:

FRANCINE RAE Y. OQUENDO

Roll of Attorney No. 11223
PTR No. 123456; 01-02-19 / Iloilo City
IBP Life Member Roll No. 123556/01-08-19 / Iloilo City
MCLE Compliance No. III-456789 / 12-10-18

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REPUBLIC OF THE PHILIPPINES)
PROVINCE OF ILOILO ) SS.
x----------------------------x

VERIFICATION and CERTIFICATION OF NON-FORUM

SHOPPING

I, YVONY ORTIGAS, of legal age, Filipino, married, and a resident

of Brgy. Bolilao., Jaro, Iloilo City, 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 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 March

25, 2019 in Iloilo City, Philippines.

YVONY ORTIGAS
Affiant

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 SUBSCRIBED AND SWORN to before me this March 25, 2019 in
Iloilo City, affiant exhibiting to me her driver’s license with No. L03-12345
issued on January 2019, as competent proof of her identity.

FRANCINE RAE Y. OQUENDO

Notary Public
Roll of Attorney No. 11223
PTR No. 123456; 01-02-19 / Iloilo City
IBP Life Member Roll No. 123556/01-08-19 / Iloilo City
MCLE Compliance No. III-456789 / 12-10-18

Doc. No.: 49
Page No.: 8
Book No.: II
Series of 2019

Copy furnished through personal service:

THE BRANCH CLERK OF COURT

MTC Branch 9
Iloilo City

Received by: _____________ Date: ___________

PATRICIO LAW OFFICE

Counsel for the Petitioner
Justine Mae B. Patricio
Patricio Law Office, Libertad Street, Jaro, Iloilo City

Received by: _____________ Date: ___________

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