Answer Sum Of Money.docx

Republic of the Philippines REGIONAL TRIAL COURT 5th Judicial Region Branch ___, Iriga City ALBERTO I. TEXON, Plaintiff, -versus-

For: Collection of a Sum of Money and Damages

JENNIFER ROSE RAMOS, Defendant. x-----------------x ANSWER NOW COMES the defendant in the above entitled case, and to this Honorable Court most respectfully alleges: 1. Defendant admits the averment in paragraph 1, 2, 3 and 4 of the complaint; 2. Defendant specifically denies the allegation in paragraph 5 and 6 of the complaint, the truth being that the obligation amounting to P700,000.00 has been paid already; 3. Defendant has no knowledge or information to form a belief as to the truth of the averment in paragraphs 7, 8 and 9 of the complaint;

By way of special and affirmative defenses, defendant avers:

1. That the obligation amounting to P700,000.00 has been paid already. 2. That the defendant tried to contact the plaintiff several times to advise that another P400,000.00 has been deposited to his personal bank account as evidenced in the bank transaction slip attached herein. 3. That after several failed attempts to contact herein complainant, defendant personally went to his residence at San Agustin, Iriga City and learned that the plaintiff left the Philippines for some business trip. 4. That the defendant was willing to pay the balance amounting to P300,000.00 but the plaintiff’s Counsel demands payment amounting to Seven Hundred Thousand Pesos (P700,000.00);

COMPULSORY COUNTERCLAIM 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 her rights and interests for a professional fee of Twenty-Thousand Pesos (₱20,000.00) and Three Thousand Pesos (₱3,000.00) per court appearance;

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., attorney’s 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. Iriga City, Camarines Sur. February 7, 2019.

ATTY. FRANCIA B. TATEL Counsel for the Defendant San Miguel, Iriga City PTR No. 00, 00-00-01 IBP OR No. 00, 00-00-01 Roll No. 000002 MCLE Cert. No. 00000002 (054) 4739988 [email protected]

VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING

I, JENNIFER ROSE RAMOS, of legal age, Filipino, single and with residence at San Miguel, Iriga City, 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 February 7, 2019 in San Miguel, Iriga City. JENNIFER ROSE RAMOS Affiant

SUBSCRIBED AND SWORN to before me this February 7, 2019 in San Miguel, Iriga City, affiant exhibiting to me her driver’s license with No. E01-01-000000 issued on May 2014, as competent proof of her identity.

ATTY. FRANCIA B. TATEL Notary Public Valid Until December 31, 2019 PTR No. 00, 00-00-01 IBP OR No. 00, 00-00-01 Roll No. 000002 MCLE Cert. No. 00000002 (054) 4739988 [email protected]

Doc. No.: 01 Page No.: 1 Book No.: I

Series of 2019